A Closer Look at the Monestier Reply Brief in the 8th Circuit
Let's get into one of the biggest potential bombshells of 2026
Happy New Year, everybody! It is only the 6th day of 2026 as I write this, but as I’m sure we all know, the world is off to an exciting if dangerous new phase. Apparently we can just kidnap strongmen in other countries! Who knew?
In any event, while nowhere near as important or interesting or kinetic as the Venezuela operation was, there is a potential bombshell out there in 2026. I wrote about it in my Seven Predictions post and to my surprise, it got picked up by industry press. From Real Estate News:
His first prediction for 2026? That the Sitzer/Burnett and Gibson settlements will be overturned. Those deals created a settlement fund for home sellers totaling about $1 billion and led to policy changes at the National Association of Realtors regarding how buyer agent commissions are handled.
If Hahn’s doozy of a prediction comes to pass, it would create a new wave of industry turmoil.
Over the New Year’s holidays, I thought more about it and realized I didn’t really get into Monestier’s Reply Brief which triggered my wanting to write about it. So let’s do that now.
Again, my Seven Predictions are all about predictions sure to be wrong but designed to make you think. But the one about the settlement has a reasonable chance of coming true, because of the strength of Monestier’s arguments. Doesn’t mean she’ll win the appeal, but it is something worth considering.
As always, I am not your lawyer and none of this is legal advice. Please consult your attorney for actual legal advice.