The Gibson v. NAR settlement is a nationwide antitrust class action resolution in which the National Association of Realtors and dozens of major brokerages agreed to pay more than $1 billion combined to home sellers who alleged the industry conspired to inflate commissions. Filed October 31, 2023, in the U.S. District Court for the Western District of Missouri under case number 4:23-cv-00788-SRB, the case also forced structural changes to how buyer-agent commissions are advertised and negotiated across the United States. The claims deadline closed on May 9, 2025, and payouts on most settlements are still on hold pending appeals.
What the Lawsuit Alleged
The four named plaintiffs — Don Gibson, Lauren Criss, John Meiners, and Daniel Umpa — sued on behalf of home sellers nationwide who listed on a multiple listing service and paid a brokerage commission. They challenged NAR’s “Buyer Broker Commission Rule,” codified as Policy Statement 7.23 in NAR’s Handbook on Multiple Listing Policy.1Inman. Consent Motion to Consolidate Cases, Gibson and Umpa
According to the complaint, that rule required every listing broker to make a blanket offer of compensation to any buyer’s agent who brought a purchaser. The practical result, plaintiffs said, was that home sellers ended up paying the buyer’s agent’s commission on top of their own agent’s fee, keeping rates artificially high. They also alleged “steering,” where buyer agents pushed clients toward listings offering higher commissions. The claims were brought under the Sherman Antitrust Act.1Inman. Consent Motion to Consolidate Cases, Gibson and Umpa
The defendants included NAR and a long list of national brokerages and franchisors: HomeServices of America, Keller Williams, Anywhere Real Estate (formerly Realogy), RE/MAX, Compass, eXp World Holdings, Redfin, Douglas Elliman, and Weichert, along with dozens of smaller regional firms.2Osceola Realtors. Lawsuits
Who Settled and For How Much
Rather than take the case to trial, most defendants settled. The combined total across Gibson and related lawsuits has surpassed $1 billion.3Hagens Berman Sobol Shapiro LLP. Real Estate Broker Commissions Antitrust
The largest individual settlements came from the biggest names in the industry. NAR agreed to pay $418 million. HomeServices of America settled for $250 million. Anywhere Real Estate paid $83.5 million, Keller Williams $70 million, and RE/MAX $55 million.3Hagens Berman Sobol Shapiro LLP. Real Estate Broker Commissions Antitrust
On November 4, 2024, Judge Stephen R. Bough granted final approval to nine additional brokerage settlements totaling roughly $110.6 million, plus up to $10 million in contingent payments from Douglas Elliman:
- Compass: $57.5 million
- The Real Brokerage: $9.25 million
- Redfin: $9.25 million
- Douglas Elliman: $7.75 million guaranteed, with up to $10 million contingent
- Engel & Völkers: $6.9 million
- At World Properties (@properties): $6.5 million
- Realty ONE Group: $5 million
- HomeSmart: $4.7 million
- United Real Estate: $3.75 million
Later waves brought more defendants in. On June 24, 2025, Judge Bough approved 15 additional settlements across Gibson and a related case called Keel, including The Keyes Company, Illustrated Properties, NextHome, John L. Scott, LoKation, Real Estate One, and Baird & Warner, with the Gibson portion totaling over $8 million.5Real Estate News. Judge Gives Final OK to 15 Commissions Settlements On February 5, 2026, the court approved a further $39.7 million in deals with Hanna Holdings, William Raveis Real Estate, EXIT Realty, and Windermere Real Estate (including William L. Lyon & Associates).6Real Estate News. 5 More Settlements Approved in Gibson Commissions Case
Who Qualified and Whether You Can Still File
To be part of the class, you had to meet three conditions: sell a home during the applicable date range, list it on a multiple listing service anywhere in the United States, and pay a commission to a real estate brokerage in connection with the sale. You did not have to use an agent from any specific defendant firm.7Real Estate Commission Litigation. Gibson FAQ
The eligible date range varied by defendant and by the state where the MLS was located. For most defendants and most states, the window ran October 31, 2019, through July 23, 2024. For some defendants, including @properties, Engel & Völkers, and Redfin, the window reached as far back as October 31, 2017, depending on state groupings.7Real Estate Commission Litigation. Gibson FAQ
The deadline to submit a claim was May 9, 2025, and that deadline has passed. Claims were handled by JND Legal Administration through the official settlement website at realestatecommissionlitigation.com, and a single claim form covered all settlements a claimant was eligible for.8Real Estate Commission Litigation. Gibson Settlement Information Over 2.5 million claims had been submitted by the June 2025 hearing.5Real Estate News. Judge Gives Final OK to 15 Commissions Settlements
Individual payout amounts have not been announced. The distribution plan must be proposed by the plaintiffs and approved by the court, and allocation is expected to account for the commissions each claimant paid during the relevant period. If total approved claims exceed available funds, individual shares will be reduced proportionally.7Real Estate Commission Litigation. Gibson FAQ
Why No Money Has Been Paid Out Yet
Even though claims have been filed and settlements approved, no funds have been distributed from the nine Gibson brokerage settlements, and several of the larger Burnett-related settlements are also technically non-final. The holdup is appeals.8Real Estate Commission Litigation. Gibson Settlement Information
Beginning December 2, 2024, a small number of objectors appealed the settlement approvals to the Eighth Circuit Court of Appeals. James Mullis argued on behalf of homebuyers that the settlements improperly required class members to release buyer-side claims with different factual foundations. Spring Way Center LLC challenged the NAR settlement as providing only “pennies-on-the-dollar” compensation. A panel of Judges Lavenski R. Smith, Ralph R. Erickson, and Jonathan A. Kobes heard an extended oral argument, with NAR’s counsel calling the settlements a necessary compromise.9Bloomberg Law. Huge Realtor Settlement Appeals Get Probed for Fairness, Scope
As of mid-2026, those appeals are still pending. Until they are resolved, class members should not expect checks.8Real Estate Commission Litigation. Gibson Settlement Information
What Changed at the Closing Table
The financial payouts are only part of the story. Under the NAR settlement terms that took effect August 17, 2024, offers of buyer-agent compensation can no longer be posted on any MLS platform. Sellers can still offer that compensation, but it happens outside the MLS.10National Association of Realtors. What the NAR Settlement Means for Home Buyers and Sellers
Buyers now sign a written buyer-broker agreement before touring any home shown through an MLS. That agreement must state the agent’s compensation in concrete terms, whether a flat fee, a percentage, or an hourly rate, and cannot use open-ended language like “whatever the seller is offering.” Agents cannot receive more than the agreed amount from any source, and the agreement must clearly disclose that broker fees are fully negotiable and not set by law.11National Association of Realtors. NAR Settlement FAQs
The practical effect is that sellers are no longer automatically on the hook for the buyer’s agent commission. Buyers may need to pay their own agent directly, which can increase closing costs. Some sellers have responded by raising list prices so buyers can finance commission costs through the purchase price.10National Association of Realtors. What the NAR Settlement Means for Home Buyers and Sellers
What’s Still Unresolved
One major defendant remains in active litigation. On April 9, 2026, Judge Bough denied a summary judgment motion from Berkshire Hathaway Energy, the parent company of HomeServices of America. BHE had argued that HomeServices’ earlier $250 million Burnett settlement should shield it from Gibson claims, but the court ruled that the Burnett settlement was specifically structured to hold BHE separately accountable through Gibson. The case now heads toward trial.12Real Estate News. Gibson Claims Against Berkshire Hathaway Energy Will Proceed
For claimants, the practical timeline depends on how the Eighth Circuit rules. If the appeals are denied, distributions can proceed under a court-approved plan. If any of them succeed, some of the settlements could be sent back for renegotiation. Either way, the industry practice changes are already in effect at closings nationwide.