
James Mullis, a plaintiff in the Batton homebuyer commission lawsuit, has taken the significant step of appealing the finalized settlement agreements reached between the National Association of Realtors (NAR) and HomeServices of America.
His appeal was submitted to the Eighth Circuit Court of Appeals on December 24.
Concerns Over Settlement Class
Mullis’s concerns about the settlement revolve particularly around members of the settlement class who purchased homes listed on a Multiple Listing Service (MLS) where the seller covered the buyer’s broker’s fees.
He fears that this arrangement might allow the settling defendants to claim that it includes buyers like those involved in the Batton case.
Importance of Distinction
In his appeal, Mullis stressed the importance of distinguishing between cases involving buyers and those involving sellers.
He noted that sellers did not directly interact with the buyer plaintiffs or consider their interests while negotiations towards the settlement were underway.
To prevent any possible misunderstandings, he emphasized the need for clearer language in the settlement terms to ensure it does not imply a waiver of claims associated with the Batton and Lutz homebuyer cases.
Growing Trend of Appeals
Earlier in 2024, Mullis and fellow plaintiffs made an attempt to thwart the approval of settlements involving RE/MAX, Anywhere, and Keller Williams but did not succeed in that endeavor.
Mullis’s appeal adds to a growing trend of appeals from various parties.
Among them are Hao Zhe Wang, Rosalie Doyle, Jessica Winters, John Guerra, law professor Tanya Monestier, and others who are part of related litigation.
This wave of appeals illustrates a burgeoning discontent with the outcomes of such settlements.
Source: Housingwire