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Plaintiff seeks rehearing after appeals uphold NAR commission settlements

Robert Friedman, whose REBNY-affiliated commission case was challenged, argues the appellate court applied the wrong standard and should not have treated REBNY as part of NAR-related settlement terms.

Reported · Written up by our desk · Industry

HousingWire reports that Robert Friedman, a plaintiff in a separate Real Estate Board of New York, or REBNY, commission case, has petitioned the U.S. Court of Appeals for the Eighth Circuit for a rehearing after appellate panels upheld final approvals tied to the Sitzer, Burnett, and Gibson settlements.

In mid-August and early September rulings, the three-judge panels reaffirmed approval of the NAR commission settlement in the Sitzer/Burnett suit and several broker settlements reached in the Gibson matter, even as Friedman argued his claims were distinct from conspiracies alleged in those cases.

Friedman said the court should not have deferred to the trial judge and argued REBNY is not affiliated with NAR and has its own rules and code of ethics, contending that REBNY should not have been pulled into settlement terms based on NAR’s rules.

According to HousingWire, the NAR spokesperson said the association believes the Eighth Circuit’s ruling was correct and that it will respond through the appropriate legal process, adding it will continue working on fair, transparent, and pro-consumer real estate markets.

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