One week after it was granted final approval, the National Association of Realtors’ (NAR) commission lawsuit settlement agreement is facing more challenges.
On Monday, settlement objector and University of Buffalo law professor Tanya Monestier filed a motion to intervene in the Sitzer/Burnett suit. And Monty March, the lead plaintiff in a now-dismissed copycat suit in New York, filed an appeal of Judge Stephen R. Bough’s ruling with the Eighth Circuit Court of Appeals.
These actions come on the heels of an appeal filed Nov. 27 by the Burton lawsuit plaintiffs, who also objected to the final approval of NAR’s settlement.
In Monestier’s filing, she claims that in denying her motion for reconsideration and striking her objection, the court created legal ambiguity about her appellate standing, which she claims could delay the resolution of her planned appeal.
“She simply wishes to have formal party status for purposes of appeal to avoid collateral litigation on appeal and reduce appellate delay,” Monestier wrote of herself in her filing.
Monestier claims that she is moving to intervene to “preserve her appellate rights for belt-and-suspenders reasons,” and that she should be allowed to intervene as “her interests are not adequately protected by the existing parties.”
March’s filing, meanwhile, does not contain any insights into his reasons for appealing. But it does note that it pertains to Bough’s approval of the NAR settlement, the settlement reached by HomeServices of America and the plaintiffs’ attorneys’ motion for fees, all of which were approved on Nov. 26.
In March’s objection to the NAR settlement, which was filed in late October, he took issue with the nationwide applicability of the NAR settlement. His filing claims that this prevents home sellers in New York City from filing their own suits, since the Real Estate Board of New York is not a NAR-affiliated MLS.
The Sitzer/Burnett docket also featured another appeal notice filed on Monday. But this appeal — which was filed by James Mullis, a plaintiff in the Batton homebuyer commission lawsuits — targeted the settlements approved in the Gibson suit that is also being overseen by Bough. Wednesday, Dec. 4, is the deadline to file an appeal of the nine settlements that received final approval on Oct. 31, so Mullis got in under the wire.
His filing also offers no insights into the reasons for appealing. It does show that he opposes the settlements reached by Compass ($57.5 million), The Real Brokerage ($9.25 million), At World Properties ($6.5 million), Douglas Elliman ($7.75 million, but may pay up to an additional $10 million), Redfin ($9.25 million), Engel & Völkers ($6.9 million), Realty ONE Group ($5 million), HomeSmart Holdings ($4.7 million) and United Real Estate ($3.75 million).
