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My prediction #sitzerburnett

by Greg Robertson on October 30th, 2023

With the risk of letting one more tiger in to the ring I’m going to make a prediction. I first have to thank Andrea Brambila of Inman News for her live updates. Also Austin Alanzo from Real Estate News.

While it would have been ideal to be in the courtroom and see the reactions of the jurors to testimony I’m going to make my prediction based upon a couple precepts.

  1. The issue is more complicated than it seems.
  2. The vote must be unanimous.

So, what’s my prediction? Drumroll please……

NAR wins.

Now, I’m unsure if the jury votes on the corporate defendants separately (KW and BHHS) and I don’t know if the jury’s instruction includes a “per se” messaging (you’ll have to listen to the last few episodes of Industry Relations to understand what that means).

But based upon what I’m hearing from people inside the courtroom and the summaries I’m reading this wasn’t a “slam dunk”. So if there is any hint of uncertainty, that means an unanimous vote is unlikely.

Now I believe this is a pretty bold prediction. You’ve got a home town lawyer (Ketchmark) who apparently was close to tears in his closing arguments (tears? really? really?) and the cliche of the “greedy real estate agent”. But did they prove an industry-wide conspiracy? I don’t think so.

  1. Todd Carpenter permalink

    I’m biased. But I totally agree.

  2. Richard Gibbens permalink

    Another cliche is “over-dramatic lawyer.” This isn’t a courtroom drama, real-life juries don’t fall for that (usually).

  3. Roland Estrada permalink

    Yep. I’ve always felt like I’ve been a “lone wolf” believing these cases were were not a slam dunk for the plaintiffs. It just didn’t make sense. I read both pleadings. Both claimed conspiracy which is hard to prove. They both included ticky-tack arguments.

  4. Roland Estrada permalink

    Well, that was a quick disappointment! I can only hope they appeal.

  5. Todd Carpenter permalink

    Is it to late to change my prediction?

  6. Roland Estrada permalink

    The weak link; is the jurors. Obviously, the plaintiffs’ attorney TV courtroom drama worked on the goobers on the jury. As the great Ron White says, “you can’t fix stupid”.

  7. Roland permalink

    Time for a special Industry Relations podcast.

  8. Roland Estrada permalink

    This is exactly why you don’t fucking settle! You could’ve seen this coming from these bloodsuckers. Give them an inch, and they’ll slit your throat.

  9. Joe permalink

    Aaaaand of Course Robertson was proved wrong with all of this again. I guess that comes from the decades of experience in the industry. What’s new? He has consistently been Wrong every step of the way, over and over and over and over through countless podcasts with Rob Hahn on this over the last 4 years.

    The ‘Industry’ is changing and evolving. Just not the ‘insider’ analysts and talking heads.

  10. @Joe Are you not entertained?

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