NAR Real Estate Commission Settlement: Over $1 Billion, Appeals Court Affirmed August 19, 2026

The lead case is Burnett et al. v. National Association of Realtors, et al., Case No. 4:19-cv-00332-SRB, before Judge Stephen R. Bough in the Western District of Missouri. Related settlements resolve claims in Gibson v. National Association of Realtors (also in the Western District of Missouri), Moehrl v. National Association of Realtors (Northern District of Illinois), Umpa, Keel, and other suits.

The lawsuits alleged that NAR and large brokerages created and enforced rules requiring home sellers to pay the buyer's broker, and that this price-fixing arrangement kept total commissions inflated in violation of Section 1 of the Sherman Act, a federal antitrust law. As summarized by the Eighth Circuit, sellers typically paid a combined commission of roughly 5% to 6%, split between the two brokers. In October 2023, a Kansas City jury in Burnett awarded $1.785 billion in damages, subject to trebling, before NAR and the brokerages settled while post-trial motions were pending.

Each settling defendant denies liability, and settling is not an admission of wrongdoing. Beyond cash, NAR agreed to practice changes, including eliminating any requirement that listing brokers or sellers offer compensation to buyer brokers; the cooperative compensation rule is gone.

Anywhere and RE/MAX together agreed to pay $138.5 million and Keller Williams $70 million, for $208.5 million; in the Gibson group, Compass is the largest contributor at $57.5 million. Some MLSs and larger brokerages also opted into the NAR deal by paying additional amounts. Attorneys' fees, expenses, administration costs, and service awards come out of the funds before distribution.

You are a class member if you meet all three conditions: you sold a home during the eligible date range, the home was listed on an MLS anywhere in the United States, and you paid a commission to any real estate brokerage on the sale. You did not need to use an agent from a settling company. The MLS can be NAR-affiliated or not.

The start of the eligible period depends on where the home was listed. For the NAR settlement:

For most U.S. home sellers not in a specially listed MLS, the NAR settlement covers sales from October 31, 2019 through August 17, 2024. Other defendants' settlements use slightly different end dates; the Anywhere, RE/MAX, and Keller Williams deals end February 1, 2024. Buyers are not in the seller class.

No one knows yet. According to the settlement FAQ, class counsel will propose a plan of allocation to the court before any money is distributed, post it on the settlement website, and email it to every claimant with a chance to object. The FAQ says the plan is expected to take into account the commissions each claimant paid during the relevant period for their MLS, and every share may be reduced pro rata if total claims exceed the funds available.

In practice, a seller who paid a larger commission on a more expensive home should expect a larger share than someone with a small sale. One claim form covered every settlement a seller qualifies for, and sellers needed to file one claim for each home sold. We are not publishing a per-person estimate because the plan has not been filed and the number of approved claims is not public. For how these calculations usually work, see how class action money is divided.

Objectors appealed the approvals starting in 2024, which froze payments. On August 19, 2026, the Eighth Circuit affirmed the approvals, rejecting challenges from seven groups of objectors and intervenors, according to a Duane Morris summary of the opinion. The settlement website lists that judgment for each group of settlements. Payments will be made after appeals are fully resolved and the plan of allocation is approved, so further requests for review could still add time. As of September 2026, the claim periods are closed and no payments have been made. Check the settlement status guide for how to follow updates.

The settlement FAQ says you can still submit a claim form but there is no guarantee it will be accepted. If you did not opt out by the applicable deadline, you released your commission claims against the settling parties, and the NAR release also covers many smaller brokerages and MLSs that comply with the practice changes. If you filed, keep your email and mailing address current with the settlement administrator, JND Legal Administration, at 1-888-995-0207 or info@RealEstateCommissionLitigation.com.

Watch for scams: nobody legitimate will charge you to "speed up" a commission payment. See our guide to settlement scams. For other real estate cost disputes, see our page on real estate junk fee lawsuits.

Other price-fixing settlements include the RealPage rent antitrust settlement and the Lloyd's of London syndicate settlement. Browse all open settlements for ones still accepting claims, and check the official settlement website linked above for the plan of allocation.