A judge in the homebuying class-action lawsuit known as Batton has gifted the National Association of Realtors and other defendants an incremental win.
Judge LaShonda A. Hunt granted NAR and additional defendants Anywhere Real Estate, REMAX and Keller Williams Realty their motion to strike down the case’s class-certification status. The motion was granted without prejudice, meaning that the plaintiffs may refile with a new proposed class.
The class certification had been called into question by NAR and other defendants because the antitrust claims had already been settled in the Burnett class-action case. That lawsuit dealt with alleged price-fixing and conspiracy to inflate commissions, but was levied by homesellers, not homebuyers, as in the Batton case.
The conflict lies in the fact that the class that plaintiffs in the Batton case were hoping to certify includes many individuals who are also class members in the Burnett case. As members of the latter case, they are barred by injunction from “filing, commencing, prosecuting, intervening in or pursuing … claims arising from or relating to transactions where settlement class members either sold or purchased a home on any multiple listing services (MLS) nationwide,” according to the final order from that case.
In prior filings, Anywhere said that roughly 79 percent of the proposed class overlaps with that of the Burnett class, according to the plaintiffs’ own calculations.
“The court’s order striking the Plaintiffs’ class certification motion rightly acknowledges that the Plaintiffs improperly attempted to certify a class that, as estimated by the plaintiffs, includes nearly 4 out of 5 individuals who are barred from participating in this case under the Sitzer | Burnett settlement,” a spokesperson for NAR told Inman in an email.
Hunt’s ruling could substantially alter the course of the lawsuit, in which plaintiffs had requested billions in damages across 20 states.
The court is also currently considering an appeal submitted by Batton plaintiffs over a ruling in the Burnett case. In that case, Judge Stephen R. Bough determined that defendants who settled in the Burnett case would have immunity from claims by homebuyers who sold homes during the same time period. An appeals court is expected to hear arguments regarding that ruling in early 2026.
In previous filings, Anywhere suggested the court strike the plaintiffs’ motion for class certification while allowing them to refile in a way that would not violate the Burnett settlement’s final orders, temporarily stay the class certification until plaintiffs’ appeal of the Burnett ruling is resolved, or move forward with oppositions to the plaintiffs’ current motion with the understanding that the proposed class cannot be certified, given the Burnett orders.
With her decision, Judge Hunt has opted for a combination of these options, in striking down the proposed class and terminating the plaintiffs’ motions to amend the case schedule and file a second, corrected motion for class certification. Hunt has also stayed briefing on class certification until further notice.
Now, all parties in the case must meet and file a joint status report by Nov. 24 to determine what class certification or expert discovery must still be conducted at this time or if it should be stayed until the Burnett appeal is resolved.
“NAR fosters a competitive, fair and transparent real estate marketplace,” NAR added in a statement. “The work NAR does empowers buyers and sellers to fully negotiate compensation with their agent and access the American Dream with the help of services provided by professional representation.”
