Every Active Real Estate Lawsuit We're Tracking Right Now — Organized by What They're Actually Fighting About

By Frances Flynn Thorsen

Last verified: May 7, 2026

If you've been trying to keep up with the wave of real estate litigation over the past few years, you already know how overwhelming it can get. New filings, amended complaints, settlement approvals, appeals — it's a lot. So let's cut through the noise together.

This is our complete list of every active lawsuit we're currently monitoring, organized not by who's suing whom, but by what legal theory is actually at the heart of each case. That way, whether you're a real estate agent worried about commission rules, a buyer wondering about steering, or an investor tracking data monopoly cases, you can jump straight to the section that matters to you.

We've grouped them into five categories:

• Commission & Antitrust — the big ones reshaping how agents get paid

• MLS Rule Challenges — who controls access to the MLS, and at what cost

• Data & Platform Litigation — Zillow, CoStar, and the fight over real estate data

• Mortgage & RESPA — kickbacks, steering, and rate-fixing in the lending world

• Government Investigations — the DOJ and FTC stepping in

Commission & Antitrust

These are the cases that started the earthquake. They challenge the long-standing practice of sellers paying buyer-broker commissions through MLS rules — and they've already produced over $1 billion in settlements.

Sitzer/Burnett v. NAR — Appeal, Awaiting 8th Circuit Ruling The case that changed everything. A Missouri jury awarded $1.78 billion in October 2023 (trebled to $5.36 billion), finding that NAR and major brokerages conspired to inflate commissions. NAR settled for $418 million in March 2024. The 8th Circuit heard oral arguments on January 14, 2026, and a ruling is expected by late spring or early summer 2026. Whatever the 8th Circuit decides will set the tone for every commission case still in the pipeline.

Batton 2 v. NAR (Buyer Suit) — Pending Ruling While Sitzer/Burnett was a seller suit, Batton 2 is the buyer side of the same coin. Homebuyers allege they were overcharged through the same anticompetitive commission rules. Multiple defendants have now settled: NAR ($52.25M Tuccori opt-in), RE/MAX ($8.5M), eXp, Redfin, and United Real Estate. Weichert is in mediation. Judge Hunt denied an injunction to halt the NAR settlement on April 29, 2026.

Batton 2 — Individual Defendant Cases — Actively Monitored Five separate active cases within the Batton 2 umbrella: Compass, Redfin, eXp World Holdings, Weichert Realtors, and United Real Estate. Each defendant is litigating independently while the master case moves toward resolution.

Burnett v. Berkshire Hathaway Energy — Actively Monitored A newer commission antitrust case targeting Berkshire Hathaway's real estate holdings. Follows the same legal theory as Sitzer/Burnett but names a different set of defendants.

Tuccori v. Brokerages — Actively Monitored The settlement vehicle that NAR opted into for $52.25M. The Tuccori claims deadline is September 15, 2026. Judge Hunt's denial of the Batton injunction on April 29 cleared the path for this settlement to proceed to final approval.

Homie v. NAR — Appeal, Awaiting Ruling Homie, a flat-fee brokerage, sued NAR alleging the buyer-broker commission rules destroyed its business model. The district court dismissed the case, and Homie has appealed. The appeal is pending.

Cwynar v. Real Brokerage — Actively Monitored A commission antitrust case targeting Real Brokerage specifically, following the same legal theory as the broader NAR commission cases.

MLS Rule Challenges

These cases go after a different but related target: the rules that require practitioners to join and pay dues to NAR and local associations in order to access MLS data. They're sometimes called "mandatory membership" or "MLS access" cases.

Hardy v. NAR — Actively Monitored, Sixth Circuit Appeal Michigan brokers sued NAR and local associations, arguing that mandatory membership in NAR and local Realtor associations as a condition of MLS access is an illegal tying arrangement. The district court dismissed the case. Plaintiffs filed a notice of appeal to the Sixth Circuit on April 23, 2026. This is one of three cases in what we call the "MLS Membership Trilogy."

DeYoung v. NAR — Actively Monitored Louisiana brokers and agents make the same mandatory membership argument, targeting NAR, GBRAR, NOMAR, and ROAM MLS. A second amended complaint was filed in early May 2026 and referred to a magistrate judge on May 6, 2026. This is the second case in the MLS Membership Trilogy.

Zea v. NAR — Actively Monitored Jorge Zea, who operates SnapFlatFee.com, alleges a coordinated scheme by NAR and Florida/Connecticut/Arizona associations to restrict flat-fee brokerage models. On April 14, 2026, Judge Dimitrouleas dismissed NAR and 11 Florida associations without prejudice — but also issued a notable warning to plaintiff's counsel about AI-hallucinated citations in court filings. This is the third case in the MLS Membership Trilogy.

Compass v. NWMLS — Actively Monitored, Trial October 2026 Compass alleges that the Northwest MLS's rules unlawfully restrict competition. Trial is set for October 2026. This is one of the most closely watched MLS access cases because of Compass's size and resources.

Florida Realtors Class Action — Actively Monitored A class action targeting the Florida Realtors association over MLS access and membership rules.

Texas Realtors Class Action — Actively Monitored A parallel class action targeting the Texas Realtors association over similar MLS access and membership rules.

Regional MLS Lawsuits — Actively Monitored A collection of cases targeting regional MLSs across the country over access rules, membership requirements, and anticompetitive practices.

Data & Platform Litigation

This bucket covers the fight over who owns, controls, and profits from real estate data — and whether dominant platforms like Zillow and CoStar have used that data to unfairly crush competition.

FTC v. Zillow & Redfin — Actively Monitored, Discovery Phase The FTC alleges that Zillow paid Redfin approximately $100 million to exit the rental advertising market, consolidating an already concentrated industry. As of April 6, 2026, Zillow and Redfin have produced over 460,000 documents. Both defendants filed motions to dismiss on January 13, 2026; those motions are pending.

Taylor v. Zillow — RESPA Kickback — Actively Monitored Plaintiffs allege Zillow's Premier Agent program and mortgage referral arrangements violate RESPA's anti-kickback provisions. A second amended complaint filed April 16, 2026 added eXp Realty as a defendant and raised the named plaintiff count to 12.

Dupuis v. Zillow — Actively Monitored Alleges Zillow illegally steers business to Zillow Home Loans by tying agent referrals to lending products.

Taylor v. Zillow (Flex Program) — Actively Monitored Alleges Zillow steers buyers to Zillow-affiliated Flex agents, taking up to 40% commission without disclosure.

CoStar v. Zillow — Actively Monitored CoStar alleges Zillow used over 46,000 CoStar-copyrighted photos without permission. A copyright infringement case with significant financial stakes.

Malm v. CoStar — Actively Monitored Alleges CoStar has unlawfully monopolized commercial real estate data and information services, controlling approximately 80% of the U.S. CRE listing market through LoopNet.com, with restrictive noncompetes and cross-posting limits that harm competition.

DiCello Levitt v. CoStar — Actively Monitored A parallel antitrust class action making the same CRE data monopoly allegations against CoStar. Two separate firms are pursuing the same theory, which signals strong plaintiff-side conviction in the case.

Rocket Companies Steering — Actively Monitored Alleges Rocket Companies rewarded real estate agents for steering clients to Rocket Mortgage, in violation of RESPA's anti-kickback provisions.

Mortgage & RESPA

These cases focus on the lending side of real estate transactions — specifically, illegal kickbacks, steering, and price-fixing that harm borrowers.

Mendez v. Optimal Blue (Price-Fixing) — Actively Monitored A price-fixing conspiracy case alleging that 29 mortgage lenders used Optimal Blue's pricing platform to coordinate and inflate mortgage interest rates, violating Section 1 of the Sherman Antitrust Act. If proven, this case could affect millions of borrowers who took out mortgages during the alleged conspiracy period.

Peyton v. Veterans United (RESPA) — Actively Monitored, Amended Complaint May 2026 Veterans United Home Loans is accused of RESPA violations through an illegal kickback scheme with affiliated real estate agents, charging 35% commission fees and deceptively marketing the company as VA-affiliated. A significantly expanded amended complaint was filed on May 5, 2026, growing from 3 to 15 plaintiffs and from 4 to 8 claims, adding new bait-and-switch allegations and five state consumer protection counts.

Government Investigations

When the DOJ or FTC steps in, the stakes are different. These aren't private plaintiffs seeking damages — these are federal agencies seeking to change industry behavior.

DOJ v. RealPage — Actively Monitored The Department of Justice alleges that RealPage's revenue management software (YieldStar) used competitively sensitive, nonpublic data from competing landlords to coordinate rental prices, effectively fixing rents across millions of apartment units nationwide. This case has significant implications for the rental housing market and algorithmic pricing practices across industries.

FTC v. Zillow & Redfin (Rental Market) — Actively Monitored The FTC's action focused on Zillow's rental market conduct, specifically the allegation that Zillow paid Redfin $100 million to exit the rental advertising market, harming competition for renters nationwide.

What to Watch Next

The next 60–90 days are unusually active. Here are the three developments most likely to move the needle:

1. 8th Circuit ruling on Sitzer/Burnett and Gibson appeals — oral arguments were January 14, 2026. A ruling affirming the NAR settlement would close the book on the biggest chapter of commission litigation. A reversal would reopen it.

2. Tuccori final approval motion deadline: May 18, 2026 — NAR's $52.25M settlement needs court approval. If approved, it resolves all Batton homebuyer claims against NAR.

3. Hardy Sixth Circuit briefing schedule — the appeal was just filed April 23, 2026. The Sixth Circuit will set a briefing schedule in the coming weeks, which will tell us how quickly this MLS mandatory membership challenge moves.

We update this tracker weekly. Bookmark it, share it with a colleague, and check back.

Image Credit: Nano Banana

All case information on this page is sourced from verified court filings, PACER Monitor, and reporting by HousingWire, Real Estate News, Inman, and Law360. This post is for informational purposes only and does not constitute legal advice.