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Burnett v. NAR Trial Begins Today

NAR Pres. Tracy Kasper says the association posted a pre-trial summary and will do the same after the trial, but it won’t be providing day-to-day updates on the case.

KANSAS CITY, Missouri – On Monday, the Burnett v. NAR et al trial started with jury selection and will continue this week. The National Association of Realtors® (NAR) says it understands members’ interest in the commission-focused case, which is why it published a pre-trial summary last week.

NAR also dedicated a webpage on the homepage under “Burnett Trial Updates.”

In a letter sent to local association communications professionals, however, NAR President Tracy Kasper says the association doesn’t plan to provide day-to-day updates this week.

“We’ve already published a pre-trial summary of what to expect … and at the conclusion of the trial, another article will summarize the outcome,” she says. “NAR is not otherwise planning more detailed day-to-day updates during the trial. As defendants in this case, we are inherently more vulnerable to negatively affect the arguments our lawyers are making in court by saying more publicly. It is a best practice that we don’t litigate the details of what’s happening in the trial outside the courtroom, and we need to abide by that here.”


According to Kasper, “Plaintiffs will present their case first and for several days, so you should expect the (general media) coverage to be critical as it reports the plaintiffs’ position. Defendants will present our case beginning next week. At the conclusion of trial, the jury will deliver a verdict.”

However, the issue will probably not be settled once the trial concludes, and Kasper says there will “likely be years-long appeals before there is a final outcome.”

NAR’s legal team and outside counselors say they have been preparing for this moment for a long time and are confident as they plan to present the absolute strongest pro-consumer, pro-business competition case at trial.

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