Editor’s Note: The commencement of the highly anticipated Burnett vs. the National Association of REALTORS® (NAR) class action trial began Monday, Oct. 16. As part of our comprehensive coverage, RISMedia Founder and CEO John Featherston (pictured above) is onsite and provided his thoughts on the first day’s proceedings.
KANSAS CITY–Normally, opening statements in a trial simply present each side’s explanation to the jury as to how they plan to prove they are in the right, and should receive each juror’s affirmation. Usually one opening statement does not strongly refute another one with evidence.
Usually, but not always. And that, according to Featherston, was what occurred in Judge Stephen R. Bough’s U.S. District Court in Western Missouri.
“The plaintiffs supported their case mainly with video depositions or video testimony primarily from (Keller Williams Co-Founder) Gary Keller, (HomeServices of America CEO) Gino Blefari and (National Association of REALTORS® CEO) Bob Goldberg, and they were excerpts from obviously very lengthy testimonies given months or possibly years prior,” said Featherston. “They included about two hours and 15 minutes of various slides and other information, which in my opinion was a lot for the jury to digest.”
One particular video snippet the plaintiffs’ attorney focused on was Blefari saying he’d only negotiate commissions upward, and encouraged newbie agents to do so as well.
When NAR’s attorneys had their say, they turned the tables.
“They actually went back to what was used by the plaintiffs and showed the full clip of what Blefari said, which to some degree clarified the statement and supported the defendant’s position. I thought that was very interesting.”
NAR attorneys further told the jury that their plan was to have their witnesses appear in person, as opposed to presenting video testimonies.
“The Keller Williams attorneys made it very clear that Gary Keller was going to be here,” noted Featherston. “The Berkshire Hathaway people made it very clear that Gino Blefari will be testifying in person, and the NAR attorney said Bob Goldberg would be testifying in person.
“They also went to great lengths to tell the jury that they are bringing as many of the key witnesses in person to come and rebut these charges, pointing out that one of the key components of the charges was conspiracy. All three of them claim there was no conspiracy. And they will prove it. Of course the plaintiffs will try to prove there was a conspiracy. It was a very interesting day.”
With four-plus decades of experience covering the residential real estate industry, Featherston noted that a verdict in favor of the plaintiffs “could be extremely transformational to how business is conducted in our industry. But this is the American justice system at its finest. Nine citizens were selected to sit on this jury, and they’re going to hear two distinctly different views of the charges that have been brought forth. And based on the evidence that’s presented and the testimony, they, along with the help of a really interesting federal judge, will determine what happens in the case.”
Stay tuned for more updates from the Kansas City courthouse.
