The sprawling real estate commission lawsuit wave has produced more than $1 billion in approved settlements, forced new rules on how buyers’ agents are paid, and left hundreds of thousands of home sellers waiting for checks that cannot be sent until a federal appeals court rules. As of mid-2026, the National Association of Realtors and HomeServices of America settlements are approved but frozen on appeal at the Eighth Circuit; buyer-side cases are now producing their own settlements; and the Department of Justice has repeatedly warned that none of these deals shield the industry from future enforcement.
Where the Seller Settlement Money Stands
The litigation began in 2019 when home sellers filed class actions alleging that NAR and major brokerages conspired to inflate commissions through Multiple Listing Service rules that required sellers to pay the buyer’s broker. The lead case, Burnett v. NAR, produced a $1.8 billion jury verdict in Kansas City in October 2023. That verdict was never collected; the defendants moved to settle instead.1Cohen Milstein. Moehrl v. National Association of Realtors Et Al
On November 27, 2024, Judge Stephen R. Bough of the U.S. District Court for the Western District of Missouri granted final approval to the NAR settlement ($418 million) and the HomeServices of America settlement ($250 million). More than 491,000 class members filed claims. Only 36 objected and 39 opted out.2HousingWire. NAR Settlement Approved by Judge Stephen Bough3Cohen Milstein. Order Granting Final Approval of Settlement, Burnett v. NAR
No money has been distributed. Objectors appealed to the Eighth Circuit Court of Appeals, which heard oral argument in St. Louis on January 14, 2026. A ruling is not expected before spring 2026 at the earliest, with no firm timeline beyond that.4HousingWire. Appeal Hearing Threatens NAR Settlement, Raising Industry Uncertainty
Earlier brokerage settlements are stuck for the same reason. Anywhere Real Estate, RE/MAX, and Keller Williams agreed collectively to $208.5 million, which Judge Bough approved on May 9, 2024. Those payments are also frozen pending the Eighth Circuit appeals.5Real Estate Commission Litigation. Burnett Settlements
Related cases have added to the pile. The Gibson group of defendants, including Compass, Redfin, and Douglas Elliman, moved through multiple rounds of approvals in 2024 and 2025, with $20.08 million in combined Gibson and Keel settlements approved on June 25, 2025. William Raveis, Hanna Holdings, Windermere, Exit Realty, and others reached a $42 million deal that received final approval on February 5, 2026. The Hooper settlements covering eXp, Weichert, Atlanta Communities, and Mark Spain Real Estate, totaling $44.05 million, were approved by U.S. District Judge Mark Cohen on March 31, 2026. Objectors there have appealed to the Eleventh Circuit, adding another delay.6HousingWire. Hooper Settlements Final Approval1Cohen Milstein. Moehrl v. National Association of Realtors Et Al
If you sold a home during the class period and did not file a claim, you are out. The deadline passed on May 9, 2025. Those who did file are told to monitor the settlement website for updates; a plan of allocation will be proposed to the district court once appeals are resolved. The claims administrator, JND Legal Administration, takes inquiries at 1-888-995-0207.7Real Estate Commission Litigation. Frequently Asked Questions
Individual payouts, when they do come, are expected to be modest. One estimate based on Yahoo Finance reporting puts per-claimant payments in the range of $13 to $50, spread across hundreds of thousands of sellers.8Yahoo Finance. NAR Settlement
Buyer-Side Cases Are Now Moving
A parallel track targets commissions from the buyer’s perspective. The Tuccori case in the Northern District of Illinois alleges that the same NAR rules inflated commissions that homebuyers ultimately bore. On May 29, 2026, U.S. District Judge Lindsay Jenkins granted preliminary approval to opt-in settlements totaling $106 million. NAR’s share was $52.25 million, HomeServices contributed $30 million, and smaller payments came from Hanna Holdings ($8.25 million), Compass ($7.33 million), eXp ($4.34 million), and Douglas Elliman ($2.04 million). Judge Jenkins called the deals “fair, reasonable and adequate” and rejected an argument from plaintiffs in the related Batton cases that the settlements amounted to a “reverse auction.”9HousingWire. Tuccori Opt-In Settlements Receive Preliminary Approval
The Batton litigation involves a separate class of homebuyers. Keller Williams agreed to a $20 million settlement there in early 2026, and RE/MAX followed with $8.5 million in March 2026. Claims against NAR and Anywhere Real Estate remain active. The Eighth Circuit is also weighing whether buyers who sold homes and were covered by the Burnett settlements can remain in the Batton buyer class, with a ruling expected sometime in 2026.10Real Estate News. Keller Williams Is First to Settle in Batton, Will Pay $20M11Dapeer Law. Keller Williams and RE/MAX Homebuyer Settlement
What the Rules Actually Changed in 2024
On August 17, 2024, NAR put two settlement-mandated practice changes into effect. Offers of broker compensation can no longer appear on MLS platforms. Sellers and their agents can still agree to pay a buyer’s agent, but any such offer has to be negotiated off the MLS. Separately, any agent working with a buyer must now sign a written buyer agreement before touring a home. That agreement has to specify services and state compensation as a concrete number, whether a flat fee, percentage, or hourly rate, rather than an open-ended range.12NAR. NAR Provides Final Reminder of Practice Change Implementation13NAR. Consumer Guide to Written Buyer Agreements
Whether that has lowered costs is another question. A March 2026 survey of active agents by Clever Real Estate found the average total commission nationally is 5.70%, split roughly 2.88% for the listing agent and 2.82% for the buyer’s agent. Total commissions have actually risen slightly over five years, from 5.50% in 2021. Buyer’s-agent commissions briefly dipped to 2.58% in 2024 right after the rules changed, then rebounded.14Clever Real Estate. Average Real Estate Commission Rate
A Consumer Federation of America report published in April 2026 was blunt: the settlement “has not delivered lower costs” for consumers. Based on a survey of 223 housing counselors across 37 states, the CFA found commission rates have not meaningfully fallen, the settlement has not made it easier for first-time buyers to enter the market, and sellers continue to pay buyer-agent commissions on the vast majority of transactions.15Consumer Federation of America. New Report Finds NAR Settlement Has Not Delivered Lower Costs
The DOJ Is Not Done
The Department of Justice has repeatedly made clear that the private settlements do not resolve its own antitrust interest. When Judge Bough approved the NAR settlement in November 2024, the DOJ filed a statement of interest warning that the approval “does not preclude any future enforcement actions by the United States” and should not act as “a shield against a future enforcement action.”16Cohen Milstein. DOJ Says Realtor Commissions Deal Is No Antitrust Shield
In December 2025, the Antitrust Division filed a statement of interest in Davis v. Hanna Holdings in the Eastern District of Pennsylvania, arguing that industry rules derived from NAR policies “are not automatically exempt from the per se rule against horizontal price fixing.”17Real Estate News. DOJ Weighs In on Another Commissions Lawsuit
In the Nosalek case against New England MLS network MLS PIN, the DOJ initially opposed the proposed settlement as offering only “cosmetic changes.” After MLS PIN agreed to prohibit cooperative compensation offers on its platform, the DOJ withdrew its objection in June 2025. Even then, the department reserved the right to pursue future enforcement.18HousingWire. DOJ Withdraws Objection to MLS PIN Nosalek Commission Suit Settlement19Inman. DOJ Removes Nosalek Settlement Objection With a Strong Warning
Pocket Listings Have Become the New Flashpoint
One side effect of the settlement upheaval is a growing fight over “pocket listings,” homes marketed privately to select agents rather than listed publicly on the MLS. The CFA flagged this as an anti-competitive threat to buyers, and states are starting to act. Washington enacted a law in June 2026 requiring agents to make listings available to the general public at the same time as any public marketing. Connecticut passed a similar measure effective June 1, 2026.15Consumer Federation of America. New Report Finds NAR Settlement Has Not Delivered Lower Costs20Real Estate News. Clear Cooperation Policy
NAR’s existing Clear Cooperation Policy, adopted in 2019, requires brokers to submit listings to the MLS within one business day of any public marketing. In 2025, NAR added a companion policy, “Multiple Listing Options for Sellers,” letting individual MLSs create a “delayed marketing” window where a listing is filed with the MLS but kept off public-facing websites and syndication feeds. Zillow economists have argued that off-market sales disadvantage sellers, citing data showing MLS-listed homes sell for a median of 1.5% more than off-market properties.21Realtor.com. NAR Clear Cooperation Policy Changes
What to Watch Next
The most consequential near-term event is the Eighth Circuit’s ruling on the NAR and HomeServices appeals. If the court affirms the approvals, more than $700 million in those two settlements alone can begin flowing to claimants, and an allocation plan will go to the district court. If the appeals succeed, the settlements could be vacated, forcing new negotiations.4HousingWire. Appeal Hearing Threatens NAR Settlement, Raising Industry Uncertainty
Beyond that, active litigation against remaining defendants in the Moehrl case continues in the Northern District of Illinois, where a litigation class has been certified and no judgment has been reached on the merits. The Batton buyer-side cases are proceeding against NAR and Anywhere Real Estate. And the DOJ has signaled, repeatedly, that none of the private settlements constrain its authority to bring enforcement actions if it concludes the industry’s practices still violate antitrust law.1Cohen Milstein. Moehrl v. National Association of Realtors Et Al17Real Estate News. DOJ Weighs In on Another Commissions Lawsuit