The Sitzer/Burnett class action lawsuit has been in court for a while. It involves the dispute between buyers and the brokers that assist them concerning commissions owed for services. On Monday, the plaintiffs in the Sitzer/Burnett suit filed a motion for dismissal of the claims that they had pled in their third amended complaint. Judge Stephen R. Bough of the U.S. District Court in Kansas City granted the motion.

This motion dismissed two of the claims. These were: (1) breach of contract and (2) unjust enrichment. This dismissal did not involve the federal Sherman Act. It is not yet known how this motion for dismissal will affect the case as a whole. Brokers and their associations have to consider the possibility that such a move may reduce the potential damages they may face and how this would affect their legal obligations.

Ultimately, with the Sitzer/Burnett case taking this development, the industry continues to watch how this case will evolve. Its outcome will determine the liability of brokers and their associations when it comes to commissions and how they must manage their relationships with potential buyers. There is still the potential for a settlement that could set a precedent and have a far-reaching impact.

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