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Gibson v. National Association of REALTORS®
Filed
September 23, 2024
Jurisdiction
Northern District of Illinois
Plaintiff Firm
Hagens Berman
Next Milestone
8th Circuit appeals pending: bulk settlements (oral arguments Jan 2026) + five brokerage settlements appealed March 5, 2026 by Spring Way Center LLC
MLS commission display rules. Settlement includes multiple tranches: NAR $250M (approved June 2025) and 5 additional brokerages $39.7M (approved Feb 2026): Howard Hanna $32M, William Raveis $4.1M, Windermere/Lyon $2.1M, EXIT Realty $1.5M
Injunctive relief prohibiting mandatory commission offers on MLS
Class action lawsuit filed
September 23, 2024Gibson lawsuit filed alleging NAR's MLS commission display rules violate antitrust law
Cases consolidated
April 19, 2024Gibson and Umpa cases consolidated into single proceeding
NAR settlement announced
November 2024NAR agrees to $250M settlement with structural changes to MLS rules
NAR settlement approved
June 24, 2025Court grants final approval of $250M NAR settlement and injunctive relief
8th Circuit appeal filed
January 14, 2026Appeal filed seeking to overturn NAR settlement, creating uncertainty for industry
Five brokerages settlement approved
February 5, 2026Judge Bough approves additional $39.7M in settlements with Howard Hanna ($32M), William Raveis ($4.1M), Windermere/Lyon ($2.1M), and EXIT Realty ($1.5M). Total claims across all settlements reach 2.7 million with only 22 opt-outs and 3 objections.
Five Brokerage Settlements Appealed
March 5, 2026Spring Way Center LLC and objectors file notice of appeal to the Eighth Circuit challenging the $39.7M five-brokerage settlements, arguing amounts are 'grossly disproportionate' to what is needed to compensate injured parties nationwide. Oral arguments on the bulk settlements were heard in January 2026; ruling expected spring 2026.
Category
NAR Commission AntitrustSettlement
$250 million
Anticompetitive commission practices
Category
NAR Commission AntitrustSettlement
$20 million (Keller Williams only)
Antitrust violations involving buyer-agent commissions and steering
Category
NAR Commission AntitrustSettlement
$8.5 million
Antitrust violations involving buyer-agent commissions — RE/MAX settles Batton 1 homebuyer case for $8.5M
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