Editor’s Note: In light of a judge's preliminary approval of the Tuccori settlement, to which NAR is also a party, the joint status report in the Batton case has been postponed until August 26. The story has been updated to reflect this development.
On April 16, an Illinois judge granted the National Association of REALTORS®’ request to stay proceedings in the Batton v. NAR, et al lawsuit, which deals with buyer agent commissions. A stay essentially hits pause on the case.
NAR requested the stay because the case involves similar allegations to those made in another pending case, Tuccori et al. v. At World Properties, et al.
NAR entered into a proposed settlement, announced earlier in April, with Tuccori plaintiffs to secure a broad release of liability for NAR members, local and state REALTOR® associations and others. The settlement was preliminarily approved on May 26.
If approved by the court, the Tuccori settlement would effectively release NAR from claims made in the Batton case, according to NAR’s recent motion and FAQs. Therefore, the pause is contingent on what happens in Tuccori.
NAR's attorneys argued the stay could cut out unnecessary litigation.
“If the Tuccori and Batton settlements are approved (and the Eighth Circuit affirms the Burnett settlement), this case will be over,” NAR argued in a brief supporting the motion to stay. “The Court should therefore grant a stay to avoid requiring the parties to expend litigation resources that would likely be wasted.”
The judge also rejected the plaintiffs’ attempt to designate the Tuccori plaintiffs’ lawyers as interim co-lead counsel.
A spokesperson for NAR said it “welcomes” the Batton decision and said, “NAR's settlement of buyer-side broker commission litigation is fair, reasonable and in the best interests of the class. We look forward to the Tuccori court’s final hearing and approval process.”
All parties must provide a joint update to the court on August 26, which will include an update on Tuccori and any relevant appeals.
