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.
Data-driven insights into real estate commission litigation trends, settlements, and outcomes
The number of new lawsuits filed peaked in 2024 with 25 cases, coinciding with increased media attention following the Sitzer/Burnett verdict. Filings have since declined as major settlements were reached.
The 2023 Sitzer/Burnett jury verdict of $1.8 billion (before trebling) represents the single largest award in real estate commission litigation history, driving subsequent settlement negotiations.
Missouri (particularly Western District) accounts for 28% of all commission lawsuits, largely due to the Sitzer/Burnett and Gibson cases being filed there. California follows with 15% of cases.
35% of lawsuits have settled, with an average settlement of $71M. This high settlement rate reflects defendants' desire to avoid jury trials following the Sitzer/Burnett outcome.
8% of cases are currently under appeal, including challenges to the Sitzer/Burnett verdict and NAR settlement approval. These appeals could significantly impact the litigation landscape.
Methodology: Data compiled from court filings, settlement agreements, and public records through February 10, 2026. Settlement amounts include both monetary payments and estimated value of practice changes. Geographic distribution based on filing jurisdiction. This dashboard is updated weekly as new information becomes available.