The Notices have been posted for the benefit of potential members of the Settlement Class. If you are uncertain about whether you are a member of the Settlement Class, you may contact the Settlement Administrator at 888-995-0207.

The Notices have been posted because members of the Settlement Class have a right to know about the proposed Settlements of class action lawsuits in which they are Class Members, and about all of their options, before the Court decides whether to approve the Settlements. If the Court approves the Settlements, and after objections or appeals relating to the Settlements are resolved, the benefits provided by the Settlements will be available to members of the Class.

The Notices explain the lawsuits, the Settlements, your legal rights, what benefits are available, who is eligible for them, and how to get them. Full copies of the Settlement Agreements may be viewed at the Important Documents page. The Notice contains only a summary of the Settlements.

The Court in charge of the Settlements is the United States District Court for the Western District of Missouri. The case before this Court is known as Burnett et al. v. National Association of Realtors, et al., Case No. 19-CV-00332-SRB (“Burnett”). The people who filed this lawsuit are called the Plaintiffs. The people being sued are called the Defendants. Defendants in the Burnett action include The National Association of Realtors (“NAR”) and the following large real estate brokerage firms: Anywhere, RE/MAX, Keller Williams, and HomeServices.  Of these Defendants, these Settlements concern only NAR and HomeServices. Notice of additional Settlements is also available on the Important Documents pages after you select the Settlement you want to review from the All Settlements page.

These Settlements also resolve claims against NAR and HomeServices raised in other lawsuits involving alleged anticompetitive conduct, including but not limited to: Moehrl et al. v. National Association of Realtors et al., Case No. 1:19-cv-01610-ARW (Northern District of Illinois) (“Moehrl”); Umpa v. National Association of Realtors, et al., Case No. 4:23-cv-00945 (W.D. Missouri) (“Umpa”); and Gibson v. National Association of Realtors et al., Case No. 23-CV-788-SRB (Western District of Missouri) (“Gibson”).

The lawsuits claim that Defendants, including NAR and HomeServices, created and implemented rules that require home sellers to pay commissions to the broker or agent representing the buyer and that caused home sellers to pay total commissions at inflated rates. They also allege that Defendants enforced these rules through anticompetitive and unlawful practices.

The lawsuits claim that these rules are anticompetitive and unfair, and that they violate antitrust laws. You can read Plaintiffs’ complaints on the Important Documents page. Specifically, the lawsuits allege violations of the Sherman Act (a federal antitrust statute found at 15 U.S.C. § 1 et seq.) among other things. The Sherman Act claims apply to home sales that occurred anywhere in the United States during the Eligible Date Range.

Although the Burnett Court has authorized notice to be given of the Settlements, the Notices do not express the opinion of the Court on the merits of the claims or defenses asserted by either side of the lawsuits.

NAR and HomeServices dispute Plaintiffs’ allegations and deny all liability to Plaintiffs and the Class in the Burnett, Moehrl, and Gibson lawsuits. You can read the Answers filed by NAR and HomeServices in the Burnett lawsuit on the Important Documents page.

On October 31, 2023, a jury found in favor of Plaintiffs in the Burnett action. The parties entered into the Settlement with NAR on March 15, 2024, and the Settlement with HomeServices on August 7, 2024, after that verdict.

In a class action, one or more people called Class Representatives sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.” The consumers who sued Defendants — and all the Class Members like them — are called Plaintiffs. The companies they sued are called the Defendants. One court resolves the issues for everyone in the Class – except for those who choose to exclude themselves from the Class.

Here, the Burnett Court decided that a class can be certified for settlement purposes because it preliminarily meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that: (1) there are numerous people who fit the class definition; (2) there are legal questions and facts that are common to each of them; (3) the Plaintiffs’ claims are typical of the claims of the rest of the Class; (4) Plaintiffs, and the lawyers representing the Class, will fairly and adequately represent the Class Members’ interests; (5) the common legal questions and facts are more important than questions that affect only individuals; and (6) class treatment will be more efficient than having individual lawsuits.

Although Plaintiffs prevailed at trial in the Burnett action, NAR and HomeServices indicated that they would appeal the jury’s verdict. Counsel for the Settlement Class investigated the facts and applicable law regarding Plaintiffs’ claims and Defendants’ defenses, the potential issues on appeal, and NAR and HomeServices’ ability to pay. The parties engaged in lengthy arms-length negotiations to reach the Settlements. Plaintiffs and Counsel for the Settlement Class believe that the Settlements are fair, reasonable, and adequate, and in the best interest of the Class.

Both sides agree that by settling, NAR and HomeServices are not admitting any liability or that they did anything wrong. Both sides want to avoid the uncertainties and expense of further litigation.

You are a part of the Settlement Class if you: (1) sold a home during the Eligible Date Range; (2) listed the home that was sold on a multiple listing service anywhere in the United States; and (3) paid a commission to a real estate brokerage in connection with the sale of the home. Note that you are part of the Settlement Class if you meet all three of these conditions, regardless of whether you also were a buyer within the Applicable Date Ranges. If you are uncertain as to whether you are a member of the Settlement Class, you may contact the Settlement Administrator at 888-995-0207 to find out.

To be eligible to receive the benefits of the Settlements, you must have: (1) sold a home during the Eligible Date Range; (2) listed the home that was sold on a multiple listing service (“MLS”) anywhere in the United States; and (3) paid a commission to any real estate brokerage in connection with the sale of the home. The Eligible Date Ranges can be found below for HomeServices in FAQ 8.

To be eligible to receive the benefits of the Settlements, you must have: (1) sold a home during the Eligible Date Range; (2) listed the home that was sold on a multiple listing service (“MLS”) anywhere in the United States; and (3) paid a commission to any real estate brokerage in connection with the sale of the home. The Eligible Date Ranges can be found above for NAR in FAQ 7.

You do not need to have sold a home using a HomeServices agent to make a claim.

If you are a member of the Settlement Class, you are eligible to receive a benefit under the Settlement.

NAR has agreed to pay $418,000,000 into a Settlement Fund. The current value of all Settlements with NAR and other Defendants is over $980 million. In addition, certain (a) REALTOR® MLSs, (b) non-REALTOR® MLSs, and (c) real estate brokerages with a REALTOR® Principal that together with their affiliates have over $2 billion in total sales volume, have agreed to “opt in” and make payments under this Settlement. Those entities (and the amounts they are paying, if anything) will be reflected on this website.  

The fund will be distributed to qualifying Settlement Class Members who submit an approved claim form, after any awarded attorneys’ fees, expenses, settlement administration costs, and service awards have been deducted. 

NAR has also agreed to provide Cooperation and to implement important Practice Changes, including the following: 

1. Eliminate and prohibit any requirement by the National Association of REALTORS®, REALTOR® MLSs, or Member Boards that listing brokers or sellers must make offers of compensation to buyer brokers or other buyer representatives (either directly or through buyers), and eliminate and prohibit any requirement that such offers, if made, must be blanket, unconditional, or unilateral; 
2. Prohibit REALTOR® MLS Participants, subscribers, other real estate brokers, other real estate agents, and their sellers from (a) making offers of compensation on the MLS to buyer brokers or other buyer representatives (either directly or through buyers); or (b) disclosing on the MLS listing broker compensation or total brokerage compensation (i.e., the combined compensation to both listing brokers and cooperating brokers); 
3. Require REALTOR® MLSs to (a) eliminate all broker compensation fields on the MLS; and (b) prohibit the sharing of offers of compensation to buyer brokers or other buyer representatives via any other REALTOR® MLS field; 
4. Eliminate and prohibit any requirements conditioning participation or membership in a REALTOR® MLS on offering or accepting offers of compensation to buyer brokers or other buyer representatives; 
5. Agree not to create, facilitate, or support any non-MLS mechanism (including by providing listing information to an internet aggregators’ website for such purpose) for listing brokers or sellers to make offers of compensation to buyer brokers or other buyer representatives (either directly or through buyers), however, this provision is not violated by (a) a REALTOR® MLS providing data or data feeds to a REALTOR®, REALTOR® MLS Participant, or third party unless the REALTOR® MLS knows those data or data feeds are being used directly or indirectly to establish or maintain a platform for offers of compensation from multiple brokers (i.e. the REALTOR® MLS cannot intentionally circumvent this requirement); or (b) a REALTOR® or REALTOR® MLS Participant displaying both (1) data or data feeds from a REALTOR® MLS and (2) offers of compensation to buyer brokers or other buyer representatives, but only on listings from their own brokerage; 
6. Unless inconsistent with state or federal law or regulation before or during the operation of the Settlement Agreement, require that all REALTOR® MLS Participants working with a buyer enter into a written agreement before the buyer tours any home with the following:
   1. To the extent that such a REALTOR® or Participant will receive compensation from any source, the agreement must specify and conspicuously disclose the amount or rate of compensation it will receive or how this amount will be determined;
   2. The amount of compensation reflected must be objectively ascertainable and may not be open-ended (e.g. “buyer broker compensation shall be whatever amount the seller is offering to the buyer”); and
   3. Such a REALTOR® or Participant may not receive compensation for brokerage services from any source that exceeds the amount or rate agreed to in the agreement with the buyer; 
7. Prohibit REALTORS® and REALTOR® MLS Participants from representing to a client or customer that their brokerage services are free or available at no cost to their clients, unless they will receive no financial compensation from any source for those services; 
8. Require REALTORS® and REALTOR® MLS Participants acting for sellers to conspicuously disclose to sellers and obtain seller approval for any payment or offer of payment that the listing broker or seller will make to another broker, agent, or other representative (e.g., a real estate attorney) acting for buyers; and such disclosure must be in writing, provided in advance of any payment or agreement to pay another broker acting for buyers, and specify the amount or rate of any such payment; 
9. Require REALTORS® and REALTOR® MLS Participants to disclose to prospective sellers and buyers in conspicuous language that broker commissions are not set by law and are fully negotiable (a) in their listing agreement if it is not a government-specified form, (b) in their agreement with buyers if it is not a government-specified form, and (c) in pre-closing disclosure documents if there are any and they are not government-specified forms.  In the event that the listing agreement, buyer representation agreement, or pre-closing disclosure documents are a government form, then REALTORS® and REALTOR® MLS Participants must include a disclosure with conspicuous language expressly stating that broker commissions are not set by law and are fully negotiable.  NAR also shall require that REALTOR® Member Boards and REALTOR® MLSs, to the extent they publish form listing agreements, buyer representation agreements, and pre-closing disclosure documents for use by REALTORS®, Participants, and/or subscribers, must conform those documents to this paragraph; 
10. Require that REALTORS® and REALTOR® MLS Participants and subscribers must not filter or restrict MLS listings communicated to their customers or clients based on the existence or level of compensation offered to the buyer broker or other buyer representative assisting the buyer; 
11. Rescind or modify any existing rules that are inconsistent with the practice changes reflected in the Settlement Agreement; 
12. Develop educational materials that reflect and are consistent with the practice changes reflected in the Settlement Agreement and eliminate educational materials, if any, that are contrary to it. 
13. The practice changes summarized above shall not prevent (a) offers of compensation to buyer brokers or other buyer representatives off of the multiple listing service; or (b) sellers from offering buyer concessions on a REALTOR® MLS (e.g., for buyer closing costs), so long as such concessions are not limited to or conditioned on the retention of or payment to a cooperating broker, buyer broker, or other buyer representative. 

The opting-in parties have also agreed to certain cooperation and Practice Changes. You can learn more about the Practices Changes and Cooperation in the NAR Settlement Agreement on the Important Documents page. 

If you are a member of the Settlement Class, you are eligible to receive a benefit under the Settlement.

HomeServices has agreed to pay $250,000,000 into a Settlement Fund. The current value of all Settlements with HomeServices and other Defendants is over $1 billion. The fund will be distributed to qualifying Settlement Class Members who submit an approved claim form, after any awarded attorneys’ fees, expenses, settlement administration costs, and service awards have been deducted.

HomeServices has also agreed to implement Practice Changes and provide Cooperation. You can learn more about the Practices Changes and Cooperation in the Settlement Agreements, which are available on the Important Documents page.

Note: If you have already submitted a claim form in this litigation for a prior Settlement with other Defendants through this website, you do not need to submit another claim form. With one claim form, you will receive your share of each Settlement that you are eligible for. 

To receive a benefit, a Settlement Class Member must submit a claim form with information pertaining to and/or evidence of your home sale and commissions paid to the Notice and Claims Administrator. The Notice and Claims Administrator will be responsible for reviewing all claim forms and evidence of purchase to determine whether a claim is an approved claim. The Notice and Claims Administrator will reject any claim that is not: (a) submitted timely and in accordance with the directions on the claim form, the provisions of this Settlement Agreement, and the Preliminary Approval Order; (b) fully and truthfully completed by a Settlement Class Member or their representative with all of the information requested in the claim form; and (c) signed by the Settlement Class Member. Claims that cannot be confirmed by the Settlement Administrator may be subject to challenge, nonpayment, or a reduced share of the available funds. 

You can submit a claim form online or by printing off the claim form from the Important Documents page and returning it to the Settlement Administrator via mail or email on or before May 9, 2025.

Burnett et al. v. The National Association of Realtors et al.
c/o JND Legal Administration
PO Box 91479
Seattle, WA 98111

Email: info@RealEstateCommissionLitigation.com

The Plaintiffs will propose a plan of allocation of the proceeds of the settlements to the Court prior to any distribution of settlement funds to claimants. That proposal will be posted to this website and emailed to all individuals who submit a claim with an opportunity to object to the plan of allocation.  The plan will be subject to the approval of the Court.  It is anticipated that the plan will take into account the amount of commissions class member claimants paid to a real estate broker or agent during the relevant statute of limitations periods for the MLS in which the sale was made. To the extent the value of total claims exceeds the amount available for distribution from the settlement funds, each class member's share of the settlement may be reduced on a pro rata basis.

The Court gave Final Approval of the Settlements with NAR and HomeServices on November 27, 2024. Payments to members of the Settlement Class will be made after any claims period and appeals are resolved. This may take some time, so please be patient.

All members of the Settlement Class who did not exclude themselves (as well as their representatives) released:

(i) NAR; (ii) NAR’s Members, Associate Members, and its Member Boards that do not operate an unincorporated MLS on certain conditions, including that they agree to abide by applicable practice changes; (iii) REALTOR® MLSs, as defined in the Settlement Agreement, on certain conditions, including that they agree to abide by applicable practice changes; (iv) any non-REALTOR® MLSs, as defined in the Settlement Agreement, but only on certain conditions, including that they agree to practice changes and pay an additional amount for the benefit of the Class as outlined in Appendix D; (v) qualifying real estate brokerages with a calendar year 2022 Total Transaction Volume for residential home sales of $2 billion or less, including all parents, subsidiaries, affiliates, associates, and franchisees, that have a REALTOR® as a Principal and comply with the practice changes; and (vi) qualifying real estate brokerages with a REALTOR® Principal that, together with their affiliates, have over $2 billion in total sales volume but only on certain conditions, including that they agree to practice changes and pay an additional amount for the benefit of the Class as specified in the Settlement Agreement. Please check the Settlement website for more information about entities participating in this Settlement.  

All members of the Settlement Class who did not exclude themselves released claims whether known or unknown that they ever had, now have, or hereafter may have and that have accrued as of the date of preliminary approval of the Settlement arising from or related to the Released Claims. “Released Claims” means any and all manner of claims regardless of the cause of action arising from or relating to conduct that was alleged or could have been alleged in the Actions based on any or all of the same factual predicates for the claims alleged in the Actions, including but not limited to commissions negotiated, offered, obtained, or paid to brokerages by anyone in connection with the sale of any residential home (including claims as a seller, buyer, or otherwise), regardless of whether the claim has been brought. The release does not extend to any individual claims that a Class Member may have against his or her own broker or agent based on a breach of contract, breach of fiduciary duty, malpractice, negligence or other tort claim, other than a claim that a Class Member paid an excessive commission or home price due to the claims at issue.

This release may affect your rights, and may carry obligations, in the future. To view terms of the release, review the Settlement Agreement.

All members of the Settlement Class who did not exclude themselves (as well as their representatives) released HomeServices (and its affiliates, subsidiaries, franchisees, employees, and certain others as specified in the Settlement Agreements).  

All members of the Settlement Class who did not exclude themselves released claims whether known or unknown that they ever had, now have, or hereafter may have and that have accrued as of the date of preliminary approval of the Settlement arising from or related to the Released Claims. “Released Claims” means any and all manner of claims regardless of the cause of action arising from or relating to conduct that was alleged or could have been alleged in the Actions based on any or all of the same factual predicates for the claims alleged in the Actions, including but not limited to commissions negotiated, offered, obtained, or paid to brokerages in connection with the sale of any residential home (including claims as a seller, buyer, or otherwise), regardless of whether the claim has been brought. The release does not extend to any individual claims that a Class Member may have against his or her own broker or agent based on a breach of contract, breach of fiduciary duty, malpractice, negligence or other tort claim, other than a claim that a Class Member paid an excessive commission or home price due to the claims at issue.

This release may affect your rights, and may carry obligations, in the future. To view terms of the release, review the Settlement Agreement.

The deadline to exclude yourself from the Settlements with NAR and HomeServices passed on October 28, 2024.

No. Unless you excluded yourself, you gave up any right to sue NAR and HomeServices and those affiliated with NAR or HomeServices for the claims that the Settlements resolve. If you have a pending lawsuit against NAR or HomeServices or certain affiliated entities such as MLSs or small brokers, speak to your lawyer in that case immediately. You may have had to exclude yourself from this Class to continue your own lawsuit. The exclusion deadline passed on October 28, 2024.

No. If you excluded yourself as to the NAR and HomeServices Settlements, do not send in a claim form to ask for any money. If you excluded yourself only as to NAR or HomeServices, you may still ask for money from the Settlements with other Defendants. If you excluded yourself as to HomeServices, you may sue, continue to sue, or be a part of a different lawsuit against HomeServices. If you excluded yourself as to NAR, you may sue, continue to sue, or be a part of a different lawsuit against NAR.

The Court decided that the law firms Ketchmark and McCreight P.C.; Williams Dirks Dameron LLC; Boulware Law LLC; Hagens Berman Sobal Shapiro LLP; Cohen Milstein Sellers & Toll PLLC; and Susman Godfrey LLP, are qualified to represent you and all other Settlement Class Members. These lawyers are called “Class Counsel.” You will not be charged for these lawyers. They are experienced in handling similar cases against other entities. More information about the law firms, their practices, and their lawyers’ experience is available at: www.kansascitylawoffice.com, www.williamsdirks.com, www.boulware-law.com, www.hbsslaw.com, www.cohenmilstein.com, and www.susmangodfrey.com.

Class Counsel represent the interests of the Settlement Class. You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying that attorney’s fees.

The Court approved Class Counsel's request for attorneys’ fees, in an amount not to exceed one-third (33.33%) of the Settlement Fund, plus out-of-pocket expenses incurred during the case. Class Counsel sought compensation for each current and/or former class representative in the actions captioned Burnett et al. v. The National Association of Realtors et al., Case No. 19-CV-00332-SRB, pending in the Western District of Missouri; Moehrl et al. v. The National Association of Realtors, Case No. 19-CV-01610-ARW, pending in the Northern District of Illinois; and Gibson v. National Association of Realtors et al., Case No. 23-CV-788-SRB, pending in the Western District of Missouri.

The Motion for Attorneys' Fees as well as the Final Approval Order can be found on the Important Documents page.

NAR and HomeServices will pay the fees and expenses that the Court awards from the Settlement Fund. You are not responsible for any fees or expenses that the Court awards.

The deadline to object to the Settlements with NAR and HomeServices passed on October 28, 2024. Any member of the Settlement Class who did not file and serve an objection in the time and manner described in the Notice will not be permitted to raise that objection later.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object to a Settlement only if you stay in it. Excluding yourself is telling the Court that you do not want to be part of a Settlement. If you excluded yourself, you had no basis to object because the Settlement no longer affects you.

The Court gave Final Approval of the Settlements with NAR and HomeServices on November 27, 2024.

Class Counsel represented the Settlement Class at the Fairness Hearing on November 26, 2024.

Your Notice of Intention to Appear must have been postmarked no later than October 28, 2024 and sent to the Clerk of the Court, Class Counsel and Counsel for NAR and HomeServices, at the addresses listed in the Notice. 

In addition to Burnett, there are numerous other actions involving similar claims, including: Moehrl et al. v. Nat’l Ass'n of Realtors et al., Case No. 1:19-cv-01610 (N.D. Ill.); Gibson et al. v. Nat’l Ass’n of Realtors et al., Case No. 23-CV-788-SRB (W.D. Mo.); Nosalek v. MLS Property Information Network, Inc. et al., Case No. 20-CV-12244-PBS (D. Mass.); Batton v. NAR, Case No. 1:21-cv-00430 (N.D. Ill.); Batton v. Compass, Case No. 1:23-cv-15618 (N.D. Ill.); Burton v. Nat’l Ass’n Realtors, Case No. 7:23-cv-05666-JD (D.S.C.); QJ Team, LLC and Five Points Holdings, LLC v. Texas Ass’n of Realtors, Case No. 4:23-cv-01013 (E.D. Tx.); March v. REBNY, Case No. 1:23-cv-09995 (S.D.N.Y.); 1925 Hooper LLC v. Nat’l Ass’n of Realtors, Case No. 1:23-cv-05392-SEG (N.D. Ga.); Moratis v. West Penn Multi-List, Inc., Case No. 2:23-cv-2061 (W.D. Pa.); Parker Holding Group, LLC v. Fla. Ass’n of Realtors, 23-TC-187328252 (Fla. Cir. Ct.); Grace v. Nat’l Ass’n of Realtors, Case No. 3:23-cv-06352 (N.D. Cal.); Masiello v. Arizona Association of Realtors, Case No. 2:24-cv-00045 (D. Ariz.); Tuccori v. At World Properties, LLC, Case No. 2:24-cv-00150 (N.D. Ill.); Whaley v. Nat’l Ass’n of Realtors, Case No. 2:24-cv-00105 (D. Nev.); Fierro v. National Association of Realtors, Case No. 2:24-cv-00449 (C.D. Cal.); Friedman v. REBNY et al., Case No. 1:23-cv-00405 (S.D.N.Y.); Willsim Latham v. MetroList, Case No. 2:24-cv-00244 (E.D. Cal.); Maslanka v. Baird & Warner Inc., 1:24-cv-02399 (N.D. Ill.); Peiffer v. Latter & Blum Holding, LLC, et al., Case No. 2:24-cv-00557 (E.D. La.); Wang v. Nat’l Ass'n of Realtors et al., Case No. 1:24-cv-02371 (S.D.N.Y.); Jutla v. Redfin Corporation, 2:24-cv-00464 (W.D. Wash.); Hartz v. Real Estate One, Inc., 1:24-cv-03160 (N.D. Ill.);  Wutsch v. William Raveis Real Estate, Inc., FST-CV-24-6067981-S (Conn. Super. Ct.); Burton v. Bluefield Realty, Case No. 7:24−cv−01800-JDA (D.S.C.); 1925 Hooper LLC v. Watson Realty Corp., Case No. 3:24-cv-00374 (M.D. Fla.); 1925 Hooper LLC v. Arc Realty, 24-cv-00495 (N.D. Ala.); Wallach v. Silvercreek Realty Group LLC, Case No. 1:24-cv-3356 (N.D. Ill.); Lutz v. Homeservices of America, Inc., et al. 4:24-cv-10040-KMM (S.D. Fla.); Davis v. Hanna Holdings, Inc. 2:24-cv-02374 (E.D. Pa.); among others.

The Settlements will release any claims against NAR and HomeServices asserted on behalf of Plaintiffs or members of the putative classes in those cases. But the Settlements will not release claims against other unaffiliated Defendants in those cases. If you are a member of a class in any other cases involving similar claims, you may have additional rights to participate in or exclude yourself from ongoing litigation or Settlements in those cases.

The Notices are only summaries. For a more detailed statement of the matters involved in the lawsuits or the Settlements, you may refer to the papers filed in this case during regular business hours at the office of the Clerk of Court, United States District Court for the Western District of Missouri, 400 E. 9th St, Kansas City, Missouri 64106: Burnett et al. v. The National Association of Realtors et al., Case No. 19-CV-00332-SRB. The full Settlement Agreements and certain pleadings filed in the case are also available on the Important Documents page, or they can be requested from Class Counsel, identified above / or Settlement Administrator, at:

Burnett et al. v. The National Association of Realtors et al.
c/o JND Legal Administration
PO Box 91479
Seattle, WA 98111

Email: info@RealEstateCommissionLitigation.com