The National Association of REALTORS® released a statement on Feb. 2 that it would continue to pursue all legal options in pursuit of an “outcome that best serves members, the industry and consumers” in the Batton v. NAR et. al. home buyer commission lawsuit.
NAR’s statement followed an announcement by Keller Williams Realty International that it had reached a settlement in the case, agreeing to pay $20 million to release KWRI agents, teams and franchisees from antitrust claims by all persons who purchased residential real estate that was listed on the MLS during the relevant period, which varies based on location of the sale.
The class-action antitrust lawsuit, filed in January 2021 and amended in July 2022, claims that buyer-broker commissions were inflated as a result of the now-defunct rule requiring a blanket offer of compensation to the agent who brought a buyer to the transaction. That rule was eliminated as part of the settlement in the Sitzer Burnett seller lawsuit.
The decision to settle in the Batton case removes Keller Williams from the defense group, which includes NAR, Anywhere Real Estate and RE/MAX. However, “it does not change the fact that NAR will continue to pursue all legal options to achieve a result that best serves the interest of our members, the industry and consumers,” says NAR General Counsel Jon Waclawski.
Full NAR statement:
“This development does not directly affect NAR’s position in the Batton litigation. We respect Keller Williams’ right to settle these claims and anticipated the possibility they would do so. NAR remains actively engaged in the Batton joint defense group, and we continue to defend our rules where questioned. Given recent history and the dynamics of this case, NAR continues to pursue all potential resolutions, both non-litigation and litigation, to reach a result that is in the best interest of our members, the industry and consumers.”
