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No fresh evidence allowed in the commission wars
Splits and Caps Daily: Action for Agents
September 11, 2025
📈 Market Move:
Fallout & Filings
The Eighth Circuit just told NAR and the big brokerages: no new evidence, no do-overs. Whatever was said at trial is all that counts in the Sitzer/Burnett appeals.
After NAR agreed to settle, appeals started rolling in. Now the Eighth Circuit Court of Appeals just ruled: no new evidence allowed. Translation: both sides are stuck arguing from the original trial record, no fresh ammo.
Why does this matter? Because if the plaintiffs’ case was flimsy to begin with, limiting it to old evidence could tilt things in NAR’s favor. On the flip side, it also blocks NAR from padding its defense with new support. Basically, everyone’s boxed in.
Law professor Tanya Monestier — one of the loudest voices challenging the settlement — called it a “critical win.” Meanwhile, NAR and the brokerages have to clean up their briefs and resubmit by Sept. 15.
🚨 The ripple effect: This ruling slows everything down. Oral arguments might not happen until late 2025 or even 2026. Which means the industry stays stuck in limbo a little longer, waiting to see how commissions really shake out.
🌟Quote of the Day:
“An ounce of action is worth a ton of theory.” — Friedrich Engels
⚡ Quick Win:
Gratitude Grenade – Send a text like: “Hey, just realized I never told you how much I appreciated [specific thing].” Costs $0, leaves an impression forever.
🎉 Fun Fact of the Day:
Cruise Control: 🛳️ Cruise ships are starting to sell permanent residences onboard. HOA meetings? More like captains’ dinners.
📚 Book Recommendation:
“The Culture Code” by Daniel Coyle — Most leaders think “culture” is ping-pong tables, free LaCroix, and a Slack channel full of memes. Daniel Coyle calls BS. In The Culture Code, he breaks down how the world’s best teams — Navy SEALs, Pixar, the Spurs — actually build trust, handle conflict, and get people rowing in the same direction.
The big unlock: culture isn’t an accident. It’s a system. You can literally engineer it with small signals, repeatable behaviors, and rituals that make people feel safe enough to swing big.
If you’re running a team (or just want to understand why some groups are magic while others are miserable), this book is a cheat code.
Takeaway: Culture eats strategy for breakfast… but only if you know how to cook it.
Small wins today, big stories tomorrow.
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