Important: There is no standard, fixed, or required commission rate in real estate. All commission rates are fully negotiable — by law and in practice. Any commission figures referenced on this site are for illustrative purposes only and should not be interpreted as typical, customary, or recommended rates.
Your Money. Your Rights. Your Fight.
Tracking the lawsuits that are putting billions back in homeowners' pockets
Court Documents Verified
Lawsuits Tracked
In Settlements
Major Law Firms
The Fight Is Working
Real money being returned to real homeowners
Including $418M NAR, $250M HomeServices of America, $42M Moehrl, $20M Keller Williams, $8.5M RE/MAX, and ongoing cases
Class actions covering home sales from 2015-2024 across all 50 states
NAR eliminated mandatory buyer broker commission offers as of August 2024
NAR Opts Into Tuccori for $52.25M
NAR agrees to pay $52.25M to resolve nationwide homebuyer claims via Tuccori — the largest single opt-in. Covers all NAR members, state associations, and affiliated MLSs.
eXp Added to Zillow RESPA Lawsuit
Second amended complaint names eXp Realty as a defendant, alleging its agents steered buyers toward Zillow Home Loans via Flex leads. Judge issues show-cause order; deadline April 24.
Batton Emergency Injunction Denied
Judge Hunt denies Batton plaintiffs' emergency injunction to halt NAR's $52.25M Tuccori settlement. NAR discovery in Batton stayed. Seventh Circuit appeal pending. 12 defendants now opted in.
Hanna Holdings Opts Into Tuccori for $8.25M
Howard Hanna parent Hanna Holdings opts into Tuccori for $8.25M. Davis plaintiffs sought to block the deal; federal judge denied the injunction April 6.
Berkshire Hathaway Energy Must Face Trial
Judge Bough rejects BHE's 'single enterprise' defense — HomeServices' $250M settlement does not shield the parent. BHE must now face trial on commission antitrust claims.
NAR Wins 3 Antitrust Dismissals in One Week
Cases dismissed in Pennsylvania (Moore v. McGee), Michigan, and Florida — NAR's 4th legal win in under two weeks. Membership-rule challenges continue to fail in court.
KW ($20M) & RE/MAX ($8.5M) Settle Batton
Keller Williams and RE/MAX both settle homebuyer Batton antitrust claims — $28.5M combined. Releases U.S. franchisees and affiliates. Claims process pending court approval.
HomeServices of America Opts into Tuccori Settlement
The last major Sitzer/Burnett defendant settles buyer-side claims by joining the Tuccori class action, completing the circle of all primary defendants resolving buyer commission claims.
Two Antitrust Class Actions Filed Against CoStar Group
Susman Godfrey/Berger Montague and DiCello Levitt file parallel antitrust class actions alleging CoStar monopolizes ~80% of U.S. commercial real estate data markets via LoopNet. Treble damages sought.
The Courthouse Doors Are Closing — And Consumers Are Still Reading the Instructions
NAR secures “forever immunity” via broad settlement releases while consumers struggle to understand buyer-broker agreements. The AI hallucination in the Florida dismissal is the perfect metaphor.
NAR Settles in Tuccori for $52.25M
NAR opts into the Tuccori homebuyer commission case, paying $52.25M to resolve all homebuyer claims — including those in Batton — without settling directly in that case. Batton plaintiffs call it a "reverse auction" and are challenging it at the appeals court.
Judge Stays All Batton Discovery; June 2 Deadline Set
Judge LaShonda A. Hunt stayed all discovery in Batton while Tuccori settlements await approval. A June 2, 2026 joint status update is required. eXp and Redfin remain the only non-settling Batton 2 defendants.
Compass & United Opt into Tuccori; Exit Batton 2
Two Batton 2 defendants — Compass and United Real Estate — filed to join the Tuccori settlement. If approved, both firms would be fully released from all Batton homebuyer claims. Weichert is separately negotiating a direct Batton 2 deal (update due May 27).
DeYoung Plaintiffs Revive NAR Membership Antitrust Claims
A federal court in Louisiana granted the DeYoung plaintiffs leave to file a second amended complaint, reviving antitrust and Fair Housing Act claims that NAR's mandatory three-way membership is an illegal condition of MLS access.
Hardy Plaintiffs Appeal to Sixth Circuit Over Michigan MLS Access
The Hardy plaintiffs filed an appeal in the Sixth Circuit Court of Appeals after a Michigan district court dismissed their case in March 2026, claiming mandatory NAR membership as a condition of Realcomp MLS access constitutes an antitrust violation.
Zea Flat-Fee Brokerage Suit Revived; Florida Court Trims Defendants
Jorge Zea (snapflatfee.com) filed an amended complaint after full dismissal, re-alleging a coordinated scheme to suppress flat-fee brokerages. A Florida magistrate recommended dismissing CT Realtors, Smart MLS, and WeSERV for lack of personal jurisdiction.
FTC v. Zillow & Redfin: Motion to Dismiss DENIED
U.S. District Judge Anthony Trenga rules the FTC plausibly alleged antitrust violations in the $100M rental syndication deal. Case proceeds to discovery. Final Pretrial Conference set May 14.
Veterans United: Bait-and-Switch Claims Added
Hagens Berman files amended complaint adding bait-and-switch and misleading advertising claims against Veterans United Home Loans. Now 15 plaintiffs, 8 claims including 5 state consumer protection counts.
Milko v. NAR: Georgia Membership Suit Faces Hardy Pressure
Maryland broker Jerome Milko's Georgia antitrust suit against NAR's three-way agreement rule is under pressure after NAR filed the Hardy dismissal as supplemental authority on April 3 — a coordinated strategy also deployed in Diaz (CA) and Eytalis (TX).
Tuccori: All 12 Approval Motions Filed — Hearing Pending
Tuccori plaintiffs filed approval motions for all 12 opt-in defendants on May 18. Court expected to schedule a preliminary approval hearing in summer 2026. Batton joint status report due June 2. Claims cannot be filed until court grants preliminary approval.
Weichert Batton 2 Mediation: May 27 Status Report Due
Weichert is the last Batton 2 defendant negotiating a direct settlement rather than opting into Tuccori. A mediation status report is due May 27. If mediation fails, Weichert faces class certification alongside eXp and Redfin. Batton joint status report due June 2.
Zillow v. Compass & MRED: Bright MLS Joins Coalition
Zillow's May 12 Sherman Act suit (N.D. Ill.) is now shadowed by a fourth MLS partnership: Bright MLS (100,000+ subscribers, Mid-Atlantic) joined Compass on May 13. Zillow is bypassing MRED by soliciting direct broker PDAP feeds. Complaint PDF now available.
NC MLS May 20 Deadline: Will a 5th MLS Join the Coalition?
The Zillow complaint cites a May 11 Compass email to a North Carolina MLS CEO urging enforcement of policies cutting off Zillow by May 20. No announcement yet. Canopy MLS (Charlotte) is the largest NC MLS and most likely target.
NWMLS Response to Compass MTD Due July 18
NWMLS must respond to Compass's April 23 Motion to Dismiss counterclaims by July 18. The response is expected to address Compass's silence on the "negative insights" allegation, the Reffkin earnings call contradiction, and SSB 6091 (effective June 11). Trial set October 2026.
10th Circuit Decision Expected: Homie v. NAR
Oral argument held May 12, 2026 in Denver before Judges Tymkovich, Murphy, and Carson. Homie argued NAR members are "card-carrying members of a conspiracy" under a continuing Sherman Act violation. Defense countered there was no evidence NAR orchestrated the agent boycott. Panel appeared skeptical of Homie's conspiracy theory. Decision expected August–November 2026.
Batton Injunction Denied Again; Compass & United Opt Into Tuccori
Judge Hunt denied the Batton plaintiffs' second preliminary injunction attempt to halt NAR's $52.25M Tuccori settlement. Compass and United Real Estate also notified the court they are joining Tuccori; their motions to stay Batton were denied. Lutz plaintiffs filed a parallel injunction targeting both firms.
FTC v. Zillow & Redfin: Motion to Dismiss Denied
Judge Anthony Trenga ruled the FTC "plausibly alleged" Sherman Act, Clayton Act, and FTC Act violations over Zillow's $100M payment to Redfin to exit the rental listing market. Five state AGs are co-plaintiffs. Case proceeds to discovery.
DOJ & FTC Consider Eliminating Real Estate HSR Exemptions
The DOJ and FTC are weighing removal of Hart-Scott-Rodino pre-merger notification exemptions that currently shield most real estate transactions from antitrust review. If adopted, brokerage consolidations like Compass/Anywhere would require federal clearance before closing.
Introduction
Imagine selling your $500,000 home and writing a check for $30,000 in commissions—$15,000 of which goes to the buyer's agent, someone you never hired and who was working against your interests in the negotiation. Until recently, that was the reality for virtually every home seller in America.
For decades, home sellers have paid what many believe are inflated commissions—often without fully understanding their immense negotiation power. Now, a wave of antitrust lawsuits has blown the lid off the system, winning over a billion dollars for consumers and forcing the biggest changes the real estate industry has seen in a generation. Here's what it means for you.
This tracker follows the legal fight led by three powerhouse plaintiff law firms—Cohen Milstein Sellers & Toll, Hagens Berman Sobol Shapiro, and Susman Godfrey—who successfully challenged the National Association of REALTORS® (NAR) and its long-standing commission-sharing rules that cost American homeowners billions.
Batton 2 Watch
Active LitigationThe next major homebuyer commission case — 5 defendants, MTD denied March 25, 2026, class certification expected Q2 2026.
Mya Batton et al. v. NAR et al. (Batton 2)
Filed November 2023 in the Northern District of Illinois, Batton 2 targets homebuyers (not sellers) who allege that NAR, Compass, Redfin, eXp World Holdings, Weichert Realtors, and United Real Estate conspired to inflate buyer-agent commissions. On March 25, 2026, Judge Hunt denied all five brokerages' motions to dismiss — the case now heads toward class certification.
Key Milestones
Nov 2023 — Filed
Complaint filed, N.D. Illinois
Mar 25, 2026 — MTD Denied
All 5 MTDs denied; case proceeds
Q2 2026 — Class Cert. Hearing
Expected class certification ruling
TBD — Trial
Trial date not yet set
Detailed guides for each major settlement — check your eligibility, understand deadlines, and learn how to file.
Litigation Timeline
Key dates and milestones in the real estate commission lawsuits
Moehrl v. NAR Filed
Cohen Milstein files the first commission lawsuit in Illinois federal court
Sitzer/Burnett Filed
Hagens Berman files copycat lawsuit in Missouri less than 2 months after Moehrl
Batton v. NAR Filed
Major antitrust suit filed targeting buyer-agent commission practices
Sitzer/Burnett Trial
Two-week trial in Kansas City federal court with testimony from industry CEOs
Sitzer/Burnett Verdict
Jury awards $1.8 billion to home sellers, shocking the real estate industry
Settlement Wave Begins
Major brokerages begin settling to avoid similar verdicts
Nosalek v. MLS PIN Filed
Hagens Berman files antitrust lawsuit against MLS Property Information Network in Massachusetts
TAN v. NAR Filed
Top Agent Network challenges NAR's Clear Cooperation Policy as anticompetitive
Umpa v. NAR Filed
Nationwide class action filed alleging anticompetitive buyer-broker commission practices
Phillips v. NAR Filed
Copycat lawsuit filed after Sitzer/Burnett verdict targeting NAR commission rules
NAR Settlement Announced
NAR agrees to $418M settlement and comprehensive practice changes (covers Phillips, Umpa, and other cases)
Umpa Brokerage Settlements
The Real Brokerage ($9.25M) and Compass ($57.5M) settle Umpa claims separately from NAR
MLS Rule Changes Mandatory
Removal of buyer agent commission offers from MLS sites becomes mandatory
Batton 2 Expands
Twenty-two new plaintiffs added to Batton lawsuit targeting Compass, Redfin, eXp
Nosalek v. MLS PIN Settled
MLS PIN settles for $7.75M with practice changes for New England MLS
NAR Settlement Final Approval
Court grants final approval to NAR settlement
Claims Deadline
Deadline for many Sitzer/Burnett-related settlement claims
Batton 2 Class Certification
Class certification motion filed in Batton 2 buyer suit
TAN v. NAR Dismissed
Top Agent Network and NAR agree to dismiss lawsuit; NAR continues Clear Cooperation Policy review
Sitzer/Burnett Appeal Hearing
Oral arguments presented before Eighth Circuit Court
DOJ Intervenes in Davis Suit
DOJ intervenes in Howard Hanna/Davis case, arguing trade association rules violate antitrust laws
Keller Williams Settlement
Keller Williams settles Batton lawsuit for $20M
Multi-Firm Settlements Hearing
Final approval hearings for $42M+ settlements from William Raveis, Howard Hanna, EXIT, Windermere, and others
Gibson Settlement Approved
Final approval granted for $42M settlement with five brokerages
Timeline Legend
How the Commission System Was Rigged Against You
For decades, the National Association of REALTORS® (NAR) enforced a rule that required home sellers to pay the buyer's agent in order for their properties to appear in the multiple listing service (MLS)—even though sellers never hired that agent. This "Buyer Broker Commission Rule" forced listing brokers to make a blanket, non-negotiable offer of compensation through the MLS. The evidence showed this was the linchpin of an industry-wide conspiracy to inflate commission rates and keep them artificially high.
How Your Commission Dollar Flows
The mandatory commission system forced sellers to pay agents they never hired
The Anticompetitive Environment
On the median US home sale of $420,000, plaintiff attorneys claimed the typical seller paid approximately $12,600 to the buyer's agent—an agent the seller didn't choose, didn't interview, and who had every incentive to push for a lower sale price. In a truly competitive market, buyers would pay their own agents directly, attorneys claimed. But NAR's rule forced sellers to bear this cost, effectively baking it into the home's sale price.
(DISCLOSURE: There is no standard, fixed, or required commission rate in real estate. All commission rates are fully negotiable — by law and in practice. Any commission figures, percentages, or fee structures referenced in this publication are used strictly for illustrative purposes and should not be interpreted as typical, customary, recommended, or representative of what any buyer or seller should expect to pay. Consumers always have the right to negotiate the terms of any compensation arrangement with their agent or brokerage.)
By mandating a blanket offer, the rule prevented buyer agents from competing on price to attract clients. This, in turn, kept commission rates artificially high.
If your home offered a 2.5% buyer agent commission but the house next door offered 3%, some buyer agents would steer their clients away from your home—even if it was a better fit. You'd never know it happened.
The evidence showed that buyer agents would often "steer" their clients toward properties offering higher commission splits, regardless of the home's suitability for the buyer. This created a perverse incentive that harmed both buyers and sellers—and it was all hidden from view.
Legal Strategies Guide
While united in their core legal theory, each firm brought unique strengths and strategies to the table.
Case Origination & Investigation
Deep-dive investigation, identifying the key NAR rule after a tip from a consumer advocate. Saw the opportunity where others had failed for decades.
Economic Analysis & Evidence
Focused on the historical context of the NAR rules and the failure of previous DOJ investigations to effect change.
Trial & Witness Strategy
Called industry leaders (CEOs of NAR, Keller Williams, etc.) as witnesses, using their testimony to expose the inner workings of the industry.
Settlement & Negotiation
High risk tolerance, anticipating a trial from the outset due to the existential threat to the industry.
Public Messaging & Framing
Positioned the case as a long-overdue reform of a broken system.
The Sitzer/Burnett Trial
The October 2023 Sitzer/Burnett trial resulted in a stunning $1.8 billion jury verdict. But this wasn't just a legal milestone—it was a jury of ordinary Americans saying: this system is unfair, and it needs to change.
The trial serves as a masterclass in how the plaintiffs' attorneys made complex antitrust law understandable and personal for everyday homeowners.
A Simple, Relatable Narrative
The plaintiffs' attorneys successfully framed the complex antitrust issues in a way that was easy for the jury to understand: sellers were being forced to pay the buyer's agent, and this was unfair.
Damning Witness Testimony
By putting the CEOs of NAR and major brokerages on the stand, the plaintiffs' attorneys were able to use the defendants' own words to paint a picture of an industry that was resistant to change and determined to protect its commission structure.
Compelling Economic Evidence
The jury was presented with clear evidence that U.S. commission rates were out of step with the rest of the world, and that the rise of online home search had diminished the role of the buyer's agent, making the high commissions even more egregious.
The Door Is Open. Will You Walk Through It?
These lawsuits have opened the door to a more competitive and transparent real estate market. Cohen Milstein, Hagens Berman, and Susman Godfrey didn't just win billions in settlements—they won you the right to negotiate, to ask questions, and to demand transparency.
But the door only stays open if consumers walk through it.
What You Can Do Now:
- •Know your rights. Commissions have always been negotiable—the industry just made it feel like they weren't.
- •Negotiate your commissions. Don't accept "that's just how it works" as an answer.
- •Ask questions your agent doesn't want you to ask. How much are you being paid? Who's paying you? What would you charge if I paid you directly?
- •Check if you're eligible for settlement money. If you sold a home during the class period, you may be entitled to compensation.
The era of "that's just how it works" is over.
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Top Story This Week
Zillow Sues Compass & MRED Under Sherman Act — Fourth MLS Partnership Announced Same Day
Zillow filed a 53-page antitrust complaint in the Northern District of Illinois on May 12, alleging Compass and MRED conspired to use Chicago's MLS feed as a national coercion weapon. The very next day, Bright MLS — the nation's largest MLS with 100,000+ subscribers — announced a Compass partnership, becoming the fourth MLS in three weeks to adopt policies that could force portals to display private listings or lose feed access. Zillow is now bypassing MRED by soliciting direct broker PDAP feeds. The complaint PDF is available in our Court Documents library.
Read full analysis →Case Updates
Tuccori plaintiffs filed approval motions for all 12 opt-in defendants on May 18. Court expected to schedule a preliminary approval hearing in summer 2026. Batton joint status report due June 2. Claims cannot be filed until court grants preliminary approval.
Oral argument held May 12 in Denver before Judges Tymkovich, Murphy, and Carson. Homie argued NAR members are "card-carrying members of a conspiracy." Panel appeared skeptical of Homie's continuing-violation theory. Decision expected August–November 2026.
NWMLS must respond to Compass's Motion to Dismiss counterclaims by July 18. Washington's SSB 6091 — which effectively bans Compass's private listing strategy statewide — takes effect June 11, 2026. Trial set for October 2026.
New: Court Documents Library
PropertyPleadings now hosts 7 primary-source court documents — free, no PACER account required. Available now: Sitzer/Burnett jury verdict, NAR settlement agreement, final approval order, Moehrl complaint, Moehrl class certification order, Homie dismissal order, and the Zillow v. MRED complaint filed May 12. Documents are organized by case cluster with a searchable, filterable interface.
Browse the library →Practice Tip of the Week
Private Exclusive Listings: What Agents Need to Know Before June 11
Washington's SSB 6091 takes effect June 11, 2026, requiring sellers to sign a specific disclosure form before a listing can be withheld from the MLS. If you work with Washington sellers, update your listing agreements now. The Compass v. NWMLS case and the Zillow v. MRED complaint both turn on whether private listing strategies harm buyers — understanding the legal landscape protects you and your clients.
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