NAR Commission Antitrust

Key Issue

Buyer-broker commission rules

Impact

Landmark verdict requiring industry-wide practice changes

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

Key Issue

Anticompetitive commission practices

Impact

Combined with Gibson settlement for comprehensive industry reform

Key Issue

Buyer-side commission inflation — Compass, Redfin, eXp, Weichert & United Real Estate must face lawsuit after MTD denied March 25, 2026. On April 16, 2026, an Illinois judge granted NAR's request for a full stay of Batton 2 proceedings pending final approval of the Tuccori settlement. Compass and United Real Estate opted into the Tuccori settlement on April 28. On April 28, eXp, United, and Redfin filed responses to the second amended complaint with notable admissions and affirmative defenses. Weichert is separately pursuing direct mediation with plaintiffs.

Impact

Litigation is effectively paused under the April 16 Illinois stay until Tuccori receives final approval (est. summer 2026). Compass and United Real Estate opted into Tuccori on April 28 — their stay motions in Batton were denied April 30. If the Tuccori settlement is approved, NAR, Compass, United, Anywhere, and HomeServices would be released from Batton 2 claims. Weichert is in direct mediation with plaintiffs under a 60-day stay (status update due May 27, 2026). eXp and Redfin have not announced settlements and remain active defendants. Redfin presented an affirmative defense claiming it 'withdrew from and ceased any participation' in any alleged conspiracy prior to the acts alleged.

Key Issue

MLS anticompetitive practices

Impact

Early settlement demonstrating vulnerability of commission structure

Key Issue

Antitrust violations involving buyer-agent commissions and steering

Impact

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

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

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

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

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

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

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

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

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

Key Issue

Homebuyer commission antitrust claims against multiple brokerages; opt-in mechanism allows defendants in related cases to settle via Tuccori. Full opt-in list (12 defendants): Anywhere Real Estate ($9.6M), Real Brokerage, The Keyes Company, Illustrated Properties, Vanguard Properties (combined $1.2M), Hanna Holdings ($8.25M), NAR ($52.25M — largest single opt-in, covering all NAR members/MLSs), Douglas Elliman, The Agency, Realty ONE Group, Compass, United Real Estate, HomeServices of America (amounts TBD for last six). Batton plaintiffs' emergency injunction to block NAR's settlement was DENIED by Judge Hunt on April 29, 2026. Tuccori plaintiffs must move for approval of all opt-in settlors by May 18, 2026.

Impact

Largest homebuyer commission settlement vehicle to date. 12 confirmed opt-ins: Anywhere Real Estate ($9.6M), Real Brokerage + Keyes + Illustrated + Vanguard ($1.2M combined), Hanna Holdings ($8.25M), NAR ($52.25M), Douglas Elliman (undisclosed), The Agency (undisclosed), Realty ONE Group (undisclosed), Compass (undisclosed), United Real Estate (undisclosed), HomeServices of America/HSF Affiliates/BHH Affiliates (undisclosed) — total fund estimated above $75M. NAR's settlement covers all NAR members, state/local Realtor associations, and affiliated MLSs nationwide. Judge Hunt denied Batton plaintiffs' emergency injunction on April 29 and denied Compass/United stay motions on April 30. Batton plaintiffs have a similar appeal pending with the Seventh Circuit. Lutz plaintiffs filed a separate motion to block HomeServices and Douglas Elliman opt-ins.

Key Issue

Weichert Realtors and the Batton 2 plaintiffs filed a joint motion on April 20, 2026 requesting a 60-day stay of all proceedings against Weichert only, while a mediator works toward a direct settlement. Unlike Compass and United Real Estate — which chose to opt into the Tuccori settlement — Weichert is negotiating directly with the Batton 2 plaintiff class.

Impact

If mediation succeeds, Weichert would become the first Batton 2 defendant to reach a direct settlement with homebuyer plaintiffs, bypassing the Tuccori opt-in route. The parties must update the court on the status of mediation negotiations by May 27, 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.

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.

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.

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.

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.

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.

Key Issue

Berkshire Hathaway Energy (BHE) is accused of conspiring to inflate real estate commissions paid by home sellers, even though its subsidiary HomeServices of America separately settled the same claims for $250 million in 2024. BHE argued a 'single enterprise' doctrine should shield it from additional liability.

Impact

On April 9, 2026, Judge Stephen Bough rejected BHE's single-enterprise defense, ruling that the HomeServices settlement did not shield the parent company. BHE must now face trial. Plaintiff attorney Michael Ketchmark stated BHE was 'propping up this conspiracy to pick the pockets of homeowners.' Berkshire ended 2025 with $373.3 billion in cash.

Key Issue

Utah-based discount brokerage Homie Technology alleges that NAR's 'commission filter rule' — which allows agents to filter MLS listings by buyer-broker commission offered — constitutes a per se illegal conspiracy under the Sherman Antitrust Act, enabling traditional brokers to steer buyers away from low-commission listings and boycott discount brokerages.

Impact

First appellate test of whether NAR's commission filter rule is independently actionable as a Sherman Act conspiracy, separate from the buyer-broker commission rules addressed in the Sitzer/Burnett settlement. A 10th Circuit ruling for Homie would revive the case and signal that post-settlement NAR rules remain vulnerable to antitrust challenge. A ruling against Homie would confirm that the district court's per se rejection was correct. Closely watched by discount and flat-fee brokerages nationwide.