The Real Estate Commission Lawsuits: Appeals Decided - Here's Where the Money Stands
The biggest real estate lawsuit in U.S. history - home sellers versus the National Association of Realtors and the major brokerages - produced settlements worth over $1 billion and rewrote how agent commissions work. On August 19, 2026, the Eighth Circuit affirmed the settlement approvals, clearing the main obstacle between claimants and their money. The claim deadline itself passed on May 9, 2025. Here is the verified record.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Alleged
Home sellers claimed NAR and large brokerages enforced an anticompetitive rule: to list on an MLS, the seller's agent had to offer compensation to the buyer's broker - which meant sellers effectively paid both agents, inflating total commissions to the familiar 5-6%. In October 2023, a Kansas City jury in Burnett v. NAR agreed and returned a $1.79 billion verdict. Rather than risk treble damages, NAR and dozens of brokerages settled.
Case Details
Lead case: Burnett v. National Association of Realtors, W.D. Mo. No. 19-CV-00332-SRB (with related cases Moehrl (N.D. Ill.) and Nosalek (D. Mass.)). Settlements include NAR ($418M) and HomeServices ($250M), Anywhere/RE-MAX/Keller Williams ($208.5M combined), and further brokerage rounds of $110M, $42M, $11.4M and $8M. Administrator: RealEstateCommissionLitigation.com, 888-995-0207.
Status: Appeals Affirmed August 19, 2026 - Claims Closed Since May 2025
The claim deadline passed May 9, 2025. Payments go out after appeals fully resolve (a further petition to the Supreme Court remains theoretically possible) - the administrator's own FAQ says payment follows once appeals are resolved, so the August 2026 affirmance is the green light claimants have been waiting for.
Who Was Covered - and What You Can Still Do
Covered: people who sold a home listed on any MLS in the U.S. during the eligible date ranges (they vary by MLS and settlement) and paid a commission to a real estate brokerage. Buyers were not the claimants in these settlements - a separate buyer-side case (Batton) continues against brokerages.
The window to file closed May 9, 2025. If you filed: watch for administrator contact and keep your details current (RealEstateCommissionLitigation.com, 888-995-0207, info@RealEstateCommissionLitigation.com). If you sold multiple homes, each needed its own claim. If you missed the deadline, late claims may be accepted only at the administrator's discretion - there is no guarantee.
What Claimants Can Expect
Commission Litigation Timeline
- 1
2019 — Burnett and Moehrl Filed
Seller classes challenge the buyer-broker compensation rule under antitrust law.
- 2
October 31, 2023 — $1.79B Verdict
Kansas City jury finds against NAR, HomeServices and Keller Williams; settlement wave follows.
- 3
2024 — Settlements and Rule Changes
NAR settles for $418M; MLS compensation offers end and buyer agreements begin August 17, 2024; final approvals start November 2024.
- 4
May 9, 2025 — Claim Deadline
Filing window closes across the settlements; late claims only at the administrator's discretion.
- 5
February 5, 2026 — Last Settlement Round Approved
William Raveis, Howard Hanna, EXIT, Windermere and others ($42M) get final approval.
- 6
August 19, 2026 — Eighth Circuit Affirms
The Court of Appeals affirms the settlement approvals - the distribution obstacle falls.
Watch Out For
A billion-dollar fund with a famous name attracts predators:
'File your commission claim now' sites
The deadline passed May 9, 2025. The only official channel is RealEstateCommissionLitigation.com - anyone else collecting home-sale documents today is harvesting data.
Fee-charging 'claim recovery' services
Filing was free and the administrator pays claimants directly. A service offering to 'unlock' or 'expedite' your commission payment for a cut is not part of the process.
Confusing seller money with buyer rule changes
The settlement money goes to home SELLERS who filed by the deadline. Buyers got rule changes (negotiable commissions, written agreements), not checks - a separate buyer lawsuit is still in litigation.
Real Estate Commission Lawsuit - FAQ
When will real estate commission settlement checks go out?
After appeals resolve. The Eighth Circuit affirmed the approvals on August 19, 2026; unless objectors seek Supreme Court review, distribution can now be scheduled. The administrator (RealEstateCommissionLitigation.com) announces payment timing.
Can I still file a claim?
The deadline was May 9, 2025. The administrator may accept late claims at its discretion with no guarantee - it costs nothing to submit through the official site, but do not pay anyone to do it.
How much will each home seller get?
Pro-rata shares of $1B+ across all approved claims, driven by the commissions you paid. For a typical single sale, expect a payment in the hundreds of dollars - the exact figure depends on the final claim count.
Who paid the settlements?
NAR ($418M), HomeServices ($250M), Anywhere, RE/MAX and Keller Williams ($208.5M combined), then successive brokerage rounds: Compass and eight others ($110M), William Raveis/Howard Hanna/EXIT/Windermere and others ($42M), plus $11.4M and $8M groups.
What changed for buying and selling a home?
Since August 17, 2024: MLS listings no longer carry offers of buyer-broker compensation, and buyers must sign a written agreement with their agent before touring. Commissions are negotiable on both sides - in practice sellers can decline to pay the buyer's agent.
I BOUGHT a home - do I get anything?
Not from these settlements. Batton v. Compass and related buyer-side cases pursue that theory and remain in litigation - no buyer fund exists today.
Did NAR admit the commission system was illegal?
No - the settlements deny wrongdoing. The only liability finding remains the Burnett jury verdict against the non-settling posture of 2023, which the settlements superseded.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.