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Burnett et al. v. National Association of Realtors®, et al.


Trial in this matter is scheduled to commence on October 16, 2023. In advance of trial, the Plaintiffs have moved to dismiss their claims arising under Missouri state law, including their claims pursuant to the Missouri Merchandising Practices Act (MMPA) (Count II) and the Missouri Antitrust Law Mo. Rev. Stat. § 416.031 (Count III). The Court will conduct a hearing on this motion on October 13, 2023 at 8:30 AM. If the motion is granted, the Plaintiffs will not pursue claims pursuant to Missouri state law at trial. Plaintiffs will pursue their claims involving the Sherman Antitrust Act (Count I) at trial.

If you wish to object to Plaintiffs’ motion to dismiss, then you may attend the Court’s hearing on the motion on October 13, 2023, at 8:30 AM in Courtroom 7B, Kansas City (SRB) before District Judge Stephen R. Bough to state your objections.

Click Here to read the full Notice.

What is the Lawsuit About?

The lawsuit claims that Defendants created and implemented rules which require home sellers to pay commissions to the broker or agent representing the buyer. It also alleges that Defendants enforce these rules through anticompetitive and unlawful practices. The lawsuit claims that these rules are anticompetitive and unfair, and that they violate federal antitrust law.

Am I part of this Class?

Based on Plaintiff’s Motion to Dismiss, individuals would remain part of the class if they:

  1. sold a home between April 29, 2015 and June 30, 2022;
  2. used a real estate broker or agent affiliated with a Defendant to sell the home;
  3. paid a commission to the buyer’s real estate broker or agent; and,
  4. listed the home for sale on what is referred to as a “Subject MLS.”
Click Here to read the full Notice that defines the Class in more detail.