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In conjunction with the National Association of REALTORS® (NAR) settlement of the Sitzer-Burnett class action lawsuit, consumers nationwide will soon begin receiving a “class notice” informing “class members” of their rights, options, and deadlines to exercise those rights under the terms of the settlement. The “class members” consist of home sellers who sold a home on an MLS anywhere in the United States during the eligible date ranges and paid a commission to a real estate brokerage in connection with the sale of the home.

As consumers in your area begin receiving class notices electronically and via mail, they may reach out to you with questions about the notice and process. We have therefore developed the following questions and answers to provide you with relevant information.

Question 1 – How do I respond to a consumer who asks why they received a class action postcard in the mail?

Answer 1 – You can explain to the consumer that receiving a class action postcard indicates that they may be a potential member of a class action lawsuit involving NAR and home sellers. You can also explain that the court requires that potential members of the class be notified of the lawsuit and the class action postcard is therefore part of the legal process.

Question 2 – How do I respond to a consumer that asks specific questions about the class notice they received and how they should proceed?

Answer 2 – It is important to note that NAR does not manage the class notice process. REALTORS® should therefore direct consumers to the settlement website www.RealEstateCommissionLitigation.com where they can find relevant information. You may also direct them to call the settlement administrator at 888-995-0207 for additional guidance. NAR members should refrain from further advising consumers on class notice.

Question 3 – What sort of information will be provided to consumers via the class notice?

Answer 3 – The class notice will contain the following information:

  • A description of the litigation;
  • What the settlement provides;
  • How to obtain a benefit from the settlement;
  • How to opt out of the settlement; and
  • Upcoming deadlines in the process.

Question 4 – Who administers the settlement andclass notice process?

Answer 4 – A class administrator is appointed by the court to handle the administrative side of the claims process. They must create a court approved website that serves as a central resource for information pertaining to the litigation and the proposed settlement.