The National Association of Realtors lawsuit produced a $418 million settlement and a set of commission rule changes that took effect on August 17, 2024. As of early 2026, the practice changes are live nationwide, but no settlement money has reached home sellers: appeals before the Eighth Circuit Court of Appeals have frozen the funds, and a ruling is expected by mid-2026. Here is where the NAR lawsuit update stands now, what it means if you sold a home, and what has actually changed in the market.
Where the Settlement Stands in 2026
The core case, Burnett v. National Association of Realtors, accused NAR of enforcing rules that required sellers to pay the buyer’s agent, eliminating price competition on commissions. A Missouri jury sided with the plaintiffs in October 2023, and NAR later agreed to pay $418 million over four years and change how commissions are handled on every NAR-affiliated listing service.1United States Courts. Burnett et al v. National Association of Realtors et al
The trial court granted final approval to the NAR settlement and companion settlements with Anywhere Real Estate, RE/MAX, and Keller Williams on May 9, 2024. Several class members who objected to the terms then appealed to the Eighth Circuit.2Residential Real Estate Broker Commissions Antitrust Settlements. Burnett et al v. The National Association of Realtors et al A three-judge panel heard oral arguments on January 14, 2026, and a decision is expected by mid-2026. Until the appeals are resolved, settlement benefits cannot be distributed.
The practice changes are a separate matter. NAR put them in place on August 17, 2024, and they stay in effect regardless of what the Eighth Circuit does with the money.3National Association of Realtors. National Association of Realtors Provides Final Reminder of NAR Practice Change Implementation on August 17, 2024
Can You Still File a Claim
Probably not. The class covers anyone who sold a home listed on any MLS in the United States and paid a commission to a brokerage in connection with the sale.4Residential Real Estate Broker Commissions Antitrust Settlements. National Association of Realtors Settlement But the filing windows have closed.
The deadline to file a claim for the main NAR settlement passed on May 9, 2025. A later round of settlements with additional brokerages had a December 30, 2025 filing deadline, which has also closed.5Residential Real Estate Broker Commissions Antitrust Settlements. Residential Real Estate Broker Commissions Antitrust Settlements If you missed both, you are unlikely to receive any payment from these settlements.
Individual payout amounts have not been announced. They will depend on the total number of valid claims filed, the sale price of each home, and when the Eighth Circuit resolves the pending appeals.
Settlements With Other Brokerages Are Still Landing
The NAR deal resolved claims against the trade association itself, but a parallel case, Moehrl v. National Association of Realtors, continues against brokerages that did not join. That litigation has produced a rolling series of additional settlements as firms negotiate their way out:
- February 2026: A court approved a $42 million settlement with William Raveis, Howard Hanna, Windermere, EXIT Realty, and several other firms.
- June 2025: Two settlements totaling roughly $20 million were finalized against brokerages including Baird & Warner, Real Estate One, and Washington Fine Properties.
Litigation against the remaining non-settling defendants is ongoing, and more settlements or trials could follow. Sellers who transacted with these brokerages may see separate claim periods open.
What Actually Changed in August 2024
Buyer-Agent Compensation Removed From the MLS
Before August 2024, a listing agent could broadcast in the MLS that the seller was offering a set percentage to any agent who brought a buyer. That offer influenced which homes agents chose to show. The settlement now prohibits any mention of buyer-agent compensation in MLS fields, including public descriptions, private agent-only remarks, uploaded documents, and photos.6Brookings. How Will the National Association of Realtors Settlement Affect the Cost of Selling or Buying a Home
Sellers can still choose to pay a buyer’s agent, but the offer has to be communicated outside the MLS: through direct calls, emails, or a brokerage’s own website. General buyer concessions, such as a credit toward closing costs, are still allowed in the MLS. The restriction applies only to compensation earmarked for the buyer’s agent.6Brookings. How Will the National Association of Realtors Settlement Affect the Cost of Selling or Buying a Home
Written Buyer Agreements Required Before Touring
Any agent working with a buyer must now get a signed written agreement before showing a single property, whether the tour is in person or virtual. The agreement has to state a specific compensation figure as a dollar amount or percentage. It cannot be a range, and it cannot be left open. It also has to include a clear disclosure that broker fees and commissions are not set by law and are fully negotiable.7National Association of REALTORS®. Written Buyer Agreements 101
One boundary worth knowing: you do not need a signed agreement to walk into an open house on your own. The listing agent hosting the event is not required to have you sign anything before you tour.8National Association of REALTORS®. Consumer Guide to Open Houses and Written Agreements The requirement kicks in only when an agent agrees to represent you and begins providing services like private showings.
An agent also cannot collect more than the agreement specifies. If your contract says 2% and the seller is offering 3% through a private channel, the agent gets 2%. The excess can often be redirected as a credit toward your closing costs.
What Has Actually Happened to Commission Rates
After the changes took effect, buyer-agent commission rates dipped briefly to around 2.5% in late 2024, down from roughly 2.6%. By early 2026, they had climbed back to approximately 2.82%. The dramatic compression many predicted has not materialized so far.
Most buyers still want full-service representation, and most agents still quote percentage-based fees in the familiar range. Flat-fee and discount models exist but remain a small share of the market. The written-agreement rule has made the conversation more transparent, but transparency alone hasn’t driven widespread price competition.
The longer-term question is what the Eighth Circuit does. If the court upholds the settlement, the practice changes stay in place and the market keeps evolving under these rules. If it modifies or rejects the settlement, the litigation could restart, though the practice changes NAR has already implemented would be difficult to reverse in practice. Either way, commission offers silently embedded in MLS listings are gone.