Overview
The Sitzer/Burnett and Moehrl antitrust lawsuits against the National Association of Realtors (NAR) are no longer pending — they're resolved, and the resulting rule changes have been in effect since August 17, 2024. NAR agreed to pay $418 million over four years, MLS listings can no longer display buyer-agent compensation offers, and buyer's agents generally need a signed written agreement with a buyer before showing them a home. A separate appeal of the settlement is working through the Eighth Circuit in 2026, and a related buyer-side settlement is still moving through final approval, but the practice changes already in place aren't expected to reverse regardless of how those play out.
What the Lawsuits Were About
Home sellers in Missouri filed the Sitzer/Burnett antitrust suit in 2019, later joined by the related Moehrl case, alleging that NAR and several major brokerages — including Anywhere Real Estate, HomeServices of America, RE/MAX, and Keller Williams — used MLS rules to inflate buyer-agent commissions at sellers' expense. The core claim: NAR's rules required sellers to make a buyer-agent commission offer to list on an MLS, effectively fixing commission structures and shielding buyer-agent fees from real price competition.
The case went to trial in fall 2023, and a jury found for the plaintiffs. Rather than continue litigating, NAR chose to settle.
How It Was Resolved
NAR agreed to pay $418 million over four years ($197 million paid in February 2025, with further installments following). The court granted preliminary approval in April 2024 and final approval in November 2024. Two other defendants, Anywhere Real Estate and RE/MAX, settled separately earlier for $83.5 million and $55 million respectively. The practice changes took effect August 17, 2024, and have now been the operating rules in Florida and nationally for over a year.
What Actually Changed
- No more MLS commission offers: Sellers and their agents can no longer advertise buyer-agent compensation through the MLS.
- Written buyer agreements required: A buyer's agent generally needs a signed agreement with the buyer, specifying compensation, before showing them a property.
- Compensation is still negotiable: Sellers can still choose to offer buyer-agent compensation as a concession — it just has to be communicated outside the MLS (directly to agents, in showing instructions, or in the purchase contract) rather than advertised on the listing itself.
We cover how this plays out in practice for Miami sellers in our guide to selling a condo without an agent.
The Settlement Is Under Appeal, But That Doesn't Pause the New Rules
Several parties who objected to the settlement appealed the final approval to the Eighth Circuit Court of Appeals. The court heard oral arguments in January 2026, with a ruling expected in late summer or fall 2026. Legal observers generally view a full reversal as unlikely, and importantly, the practice changes already in effect — the MLS commission-offer ban and the buyer agreement requirement — remain in force regardless of the appeal's outcome at this stage. If you're buying or selling in 2026, these rules apply to your transaction whether the appeal succeeds or not.
A Separate Settlement Now Covers Buyer-Side Claims
The original Sitzer/Burnett settlement resolved seller-side claims. A related case, Batton, raised separate claims on behalf of homebuyers. In April 2026, NAR agreed to pay $52.25 million to resolve those claims through a related settlement (Tuccori), which received preliminary approval in May 2026, with a final approval hearing scheduled for November 2, 2026. Litigation against non-settling defendants, including HomeServices of America, also continues separately.
What This Means Today
For buyers: Expect to sign a written agreement with your agent specifying how they're compensated before touring homes. Buyer-agent compensation is still commonly offered by sellers, but it's negotiated directly rather than advertised on the MLS.
For sellers: You're no longer required to make a buyer-agent commission offer to list on the MLS, though most sellers still choose to offer some compensation to keep their listing attractive to buyer's agents.
For agents and brokers: The industry has operated under these rules for over a year now. Compensation conversations happen earlier and more explicitly with clients, and MLS practices around commission data have been restructured nationally.
