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NAR Commission Antitrust

About This Category

Track all major NAR commission antitrust lawsuits including Sitzer/Burnett, Gibson, Moehrl, and state-level realtor association cases. Comprehensive analysis of commission structure litigation.

21

Total Cases

9

Settled Cases

$1579M+

Total Settlements

Filter Cases
Showing 21 of 21 cases

All Cases (21)

Appeal$418 million
Sitzer/Burnett
Sitzer/Burnett v. National Association of REALTORS®

Filed

September 12, 2019

Jurisdiction

Western District of Missouri

Plaintiff Firm

Cohen Milstein

Next Milestone

Appeal hearing Q2 2026

Key Issue

Buyer-broker commission rules

Impact

Landmark verdict requiring industry-wide practice changes

Settled$289.7 million total ($250M NAR + $39.7M brokerages)
Gibson
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

Key Issue

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

Impact

Injunctive relief prohibiting mandatory commission offers on MLS

Settled$250 million
Moehrl
Moehrl v. National Association of REALTORS®

Filed

March 6, 2019

Jurisdiction

Northern District of Illinois

Plaintiff Firm

Hagens Berman

Key Issue

Anticompetitive commission practices

Impact

Combined with Gibson settlement for comprehensive industry reform

Ongoing
Batton 2 (Buyer Suit)
Batton 2 v. National Association of REALTORS®

Filed

November 2, 2023

Jurisdiction

Northern District of Illinois

Plaintiff Firm

Susman Godfrey

Next Milestone

Class certification hearing Q2 2026; Batton 2 defendants include Compass, Redfin, eXp, Weichert, United RE

Key Issue

Buyer-side commission inflation — Compass, Redfin, eXp, Weichert & United Real Estate must face lawsuit after MTD denied March 25, 2026

Impact

Focuses on harm to homebuyers from inflated commissions; MTD denied March 25, 2026 for Compass, Redfin, eXp, Weichert, and United Real Estate

Settled$70 million
Nosalek
Nosalek v. MLS Property Information Network

Filed

December 17, 2020

Jurisdiction

Eastern District of Michigan

Plaintiff Firm

Cohen Milstein

Key Issue

MLS anticompetitive practices

Impact

Early settlement demonstrating vulnerability of commission structure

Settled$20 million (Keller Williams only)
Batton (2021)
Batton v. National Association of REALTORS® et al.

Filed

February 2021

Jurisdiction

Northern District of Illinois

Plaintiff Firm

Hagens Berman, Cohen Milstein

Next Milestone

Claim deadline: August 15, 2026

Key Issue

Antitrust violations involving buyer-agent commissions and steering

Impact

First major homebuyer settlement; establishes precedent for buyer-side commission claims

Settled$8.5 million
Batton v. NAR (RE/MAX)
Batton v. National Association of REALTORS® et al. — RE/MAX Settlement

Filed

February 2021

Jurisdiction

Northern District of Illinois

Plaintiff Firm

Lowey Dannenberg; Korein Tillery

Next Milestone

Court approval hearing — estimated late 2026

Key Issue

Antitrust violations involving buyer-agent commissions — RE/MAX settles Batton 1 homebuyer case for $8.5M

Impact

RE/MAX becomes second major brokerage to settle Batton 1 homebuyer case; combined Batton 1 fund (KW + RE/MAX) reaches $28.5M

Ongoing
Cwynar v. Real Brokerage
Cwynar v. The Real Brokerage Inc. et al.

Filed

June 28, 2025

Jurisdiction

Northern District of Illinois

Plaintiff Firm

Independent counsel

Next Milestone

Real Brokerage settled Jan 7, 2026; case ongoing vs other defendants

Key Issue

Conspiracy to inflate buyer-agent commissions nationwide

Impact

Targets newer, fast-growing brokerages, indicating that no firm is immune from commission-related lawsuits

Appeal
Homie v. NAR
Homie v. National Association of REALTORS®

Filed

August 22, 2024

Jurisdiction

District of Utah (appealed to Tenth Circuit)

Plaintiff Firm

Independent counsel

Next Milestone

Appeal pending in Tenth Circuit

Key Issue

NAR's rules restrained competition targeting Homie's low-fee model; group boycott allegations

Impact

Dismissed July 15, 2025 as time-barred; appealed to Tenth Circuit August 7, 2025

Settled$42 million+ (combined)
Multi-Firm Settlements
Residential Broker Commission Antitrust Settlements (Multi-Firm)

Filed

2025

Jurisdiction

Western District of Missouri

Plaintiff Firm

Cohen Milstein, Hagens Berman, Susman Godfrey

Next Milestone

Claim deadline: September 30, 2026

Key Issue

Settlements from William Raveis, Howard Hanna, EXIT, Windermere, and others regarding commission structures

Impact

Multiple regional brokerages settling adds to the wave of commission-related legal resolutions

Ongoing
Florida Realtors
Florida Realtor Association Class Action

Filed

December 4, 2023

Jurisdiction

Florida State Court

Plaintiff Firm

Kozyak Tropin & Throckmorton LLP, Jeffrey L. Berhold PC, Hall & Lampros LLP

Next Milestone

Ongoing litigation

Key Issue

Class-action lawsuit against Florida Realtors regarding commission structures and MLS rules

Impact

State-level realtor associations facing similar antitrust challenges as NAR

Ongoing
Texas Realtors
Texas Realtor Association Class Action

Filed

November 2023

Jurisdiction

Sherman, Texas (Federal Court)

Plaintiff Firm

Independent counsel

Next Milestone

Ongoing litigation

Key Issue

Class-action lawsuit against Texas Realtors regarding commission structures and MLS rules

Impact

State-level realtor associations facing similar antitrust challenges as NAR

SettledVaries by brokerage (The Real Brokerage: $9.25M, Compass: $57.5M)
Umpa v. NAR
Umpa v. National Association of REALTORS®

Filed

November 2023

Jurisdiction

Various federal courts (consolidated for settlement purposes)

Plaintiff Firm

Multiple plaintiff firms

Key Issue

Nationwide class action alleging anticompetitive buyer-broker commission practices; consolidated with Gibson v. NAR in April 2024

Impact

Consolidated with Gibson case for coordinated settlement proceedings; Daniel Umpa appointed as settlement class representative alongside Gibson plaintiffs

SettledAbsorbed into NAR global settlement ($418M)
Phillips v. NAR
Phillips v. National Association of REALTORS®

Filed

December 2023

Jurisdiction

Federal court (consolidated with Sitzer/Burnett for settlement)

Plaintiff Firm

Multiple plaintiff firms

Key Issue

'Copycat' lawsuit filed after Sitzer/Burnett verdict; alleged identical antitrust violations in buyer-broker commission practices

Impact

Consolidated into NAR's global settlement strategy; claims resolved through same settlement fund and process as Sitzer/Burnett

Ongoing$10.8 million (Anywhere + Real + Keyes/Illustrated + Vanguard opt-in)
Tuccori v. Brokerages
Tuccori et al. v. Multiple Brokerages (Homebuyer Commission Antitrust)

Filed

2024

Jurisdiction

Northern District of Illinois

Plaintiff Firm

Tuccori Plaintiffs' Counsel

Next Milestone

Final approval hearing pending; Anywhere + 3 brokerages settlement ($10.8M) preliminarily approved March 4, 2026

Key Issue

Homebuyer commission antitrust claims against multiple brokerages; controversy over Anywhere Real Estate's proposed opt-in settlement of ~$9.6M, which Batton plaintiffs allege is a 'reverse auction' designed to undercut stronger claims in the Batton case

Impact

Raises critical questions about settlement fairness and coordination between overlapping commission lawsuits; sets precedent for how competing plaintiff groups handle the same defendants

Ongoing
Batton 2 — Compass
Mya Batton et al v. National Association of Realtors et al - Compass (Batton 2)

Filed

November 2, 2023

Jurisdiction

Northern District of Illinois

Plaintiff Firm

Susman Godfrey

Next Milestone

Class certification hearing Q2 2026

Key Issue

Compass allegedly conspired with NAR and other brokerages to inflate buyer-agent commissions, harming homebuyers who purchased homes using Compass-affiliated agents

Impact

Motion to Dismiss denied March 25, 2026; Compass must face trial on buyer commission antitrust claims. Compass is the nation's largest independent brokerage by agent count.

Ongoing
Batton 2 — Redfin
Mya Batton et al v. National Association of Realtors et al - Redfin (Batton 2)

Filed

November 2, 2023

Jurisdiction

Northern District of Illinois

Plaintiff Firm

Susman Godfrey

Next Milestone

Class certification hearing Q2 2026

Key Issue

Redfin allegedly conspired with NAR and other brokerages to inflate buyer-agent commissions, harming homebuyers who purchased homes using Redfin agents

Impact

Motion to Dismiss denied March 25, 2026; Redfin must face trial on buyer commission antitrust claims. Redfin is a major tech-forward brokerage and real estate portal.

Ongoing
Batton 2 — eXp World Holdings
Mya Batton et al v. National Association of Realtors et al - eXp World Holdings (Batton 2)

Filed

November 2, 2023

Jurisdiction

Northern District of Illinois

Plaintiff Firm

Susman Godfrey

Next Milestone

Class certification hearing Q2 2026

Key Issue

eXp World Holdings allegedly conspired with NAR and other brokerages to inflate buyer-agent commissions, harming homebuyers who purchased homes using eXp agents

Impact

Motion to Dismiss denied March 25, 2026; eXp must face trial on buyer commission antitrust claims. eXp is one of the fastest-growing virtual brokerages in the US.

Ongoing
Batton 2 — Weichert Realtors
Mya Batton et al v. National Association of Realtors et al - Weichert Realtors (Batton 2)

Filed

November 2, 2023

Jurisdiction

Northern District of Illinois

Plaintiff Firm

Susman Godfrey

Next Milestone

Class certification hearing Q2 2026

Key Issue

Weichert Realtors allegedly conspired with NAR and other brokerages to inflate buyer-agent commissions, harming homebuyers who purchased homes using Weichert agents

Impact

Motion to Dismiss denied March 25, 2026; Weichert must face trial on buyer commission antitrust claims. Weichert is one of the largest privately-held real estate companies in the US.

Ongoing
Batton 2 — United Real Estate
Mya Batton et al v. National Association of Realtors et al - United Real Estate (Batton 2)

Filed

November 2, 2023

Jurisdiction

Northern District of Illinois

Plaintiff Firm

Susman Godfrey

Next Milestone

Class certification hearing Q2 2026

Key Issue

United Real Estate allegedly conspired with NAR and other brokerages to inflate buyer-agent commissions, harming homebuyers who purchased homes using United Real Estate agents

Impact

Motion to Dismiss denied March 25, 2026; United Real Estate must face trial on buyer commission antitrust claims.

Settled$42.5 million
Hooper — eXp & Weichert Settlement
Hooper v. eXp World Holdings et al

Filed

2023

Jurisdiction

District of South Carolina

Plaintiff Firm

Knie & Shealy

Next Milestone

Preliminary approval hearing TBD

Key Issue

Homebuyers allege eXp World Holdings and Weichert conspired with NAR to inflate buyer-agent commissions, causing buyers to pay artificially inflated prices

Impact

eXp agreed to settle for approximately $34M and Weichert for approximately $8.5M — combined $42.5M settlement filed April 1, 2026. Separate from Batton and Tuccori cases.