- ⚖️ $1.04 billion in real estate commission lawsuit settlements were approved in May 2024.
- 🔍 MLS rules now prohibit mandatory buyer-side agent commission offers on listings.
- 📉 20% of homebuyers in 2025 are expected to negotiate agent commissions directly.
- 🛡️ NAR continues to face unresolved litigation despite major brokerage settlements.
- 🏠 Buyers may now need to pay their agents directly, impacting affordability and transparency.
Earlier this year, a federal judge approved real estate commission lawsuit settlements for $1.04 billion. This was a significant event in the real estate industry's legal challenges. These settlements are already changing how commissions work, how agents do their jobs, and what buyers and sellers can expect when buying or selling property. But does this mean the end of real estate lawsuits? Or is it just the beginning of changes that have been needed for a long time?
What Started These Real Estate Commission Lawsuits?
The lawsuits came from a standard commission practice that was the rule for U.S. real estate sales for decades. When sellers listed properties in the Multiple Listing Service (MLS), they would pay their own agent's commission. They also offered a commission to the buyer's agent. This setup, where commissions were shared, became a standard part of home sales. It often led to total commissions of 5%–6%.
But many sellers began to question if this system was fair, or even legal. The plaintiffs, in different class-action lawsuits, said this structure made sellers pay buyer-agent commissions. This reduced competition and increased total transaction costs. They claimed this practice broke federal antitrust laws and stopped free market negotiation by setting commission standards through NAR-backed MLS rules.
These lawsuits focused on the National Association of Realtors (NAR) and big brokerages like Keller Williams, RE/MAX, HomeServices of America, and Anywhere Real Estate. The legal argument was that these groups worked together to keep a commission-sharing setup. This helped agents but cost sellers money.
The plaintiffs said the problem was not just about fairness. It was also about not being clear, about rules being made to happen through MLS policies, and a system that discouraged agents from competing on price.
What Was Approved? Understanding the $1.04 Billion in Settlements
Last May 2024, a federal judge gave final approval for 15 settlements in class-action lawsuits. The main ones were Moehrl v. NAR and Sitzer/Burnett v. NAR. Together, these settlements totaled $1.04 billion. This was one of the biggest financial decisions the real estate industry has seen.
Here is how that settlement amount works:
- The money goes to home sellers who qualify across many states. These sellers paid buyer-agent commissions during certain times.
- Brokerages in the settlement, such as RE/MAX and Anywhere Real Estate, agreed to pay fines. They also agreed to make big changes inside their companies.
- These changes include stopping the rule that buyer-agent commissions must be shown or offered through MLS platforms.
In short, these settlements are not just about paying money. They show a change in rules and how things are done. They require big changes in how properties are marketed, how commissions are shown to people, and how agents explain their services.
The NAR, which is the largest and most powerful real estate trade association in the U.S., has not settled. It still has its own lawsuits. Its next steps could affect future real estate lawsuits for many years.
Key Statistics & Things to Learn from Settlements
The $1.04 billion amount shows how serious the cases were. But the results will cause big changes in the industry over time. Some of the biggest effects include:
- 📉 MLS rules must now stop required offers of compensation to buyer agents.
- 💬 Agents must now show what they get paid more clearly and early in the process.
- 🔄 Redfin's 2024 analysis showed that over 20% of buyers plan to talk directly about their agent’s fees.
- 💡 More buyers are expected to shop around and compare what agents offer. This is changing how agents usually get clients through referrals.
- 🔧 Brokerages must now update their business plans. These plans need to focus more on giving good service instead of just assuming commissions will be shared.
These big changes affect every part of the real estate process. This goes from company rules at national brokerages to individual talks between agents and clients.
What This Means for Agents Like Steve Hawks
In markets like Las Vegas, Steve Hawks has made his name through good service because he knows a lot, strong negotiating skills, and getting results for clients. And that is exactly what buyers and sellers will be looking for in this changing market.
With clearer commission information and less required commission sharing, agents who just do the basics may not be as popular. But agents who give great service, using market facts and data, and acting as trusted advisors will stand out.
Steve Hawks, for example, has already started improving what he offers, with things like:
- Market trend analysis made for each client
- Neighborhood data for specific areas
- Better ways to figure out property values
- Negotiating tools that fit the new ways buyers and sellers deal with each other.
These added services are not just "nice to have"—they are becoming needed. This is true especially as more clients ask brokers to show why their fees are worth it.
Clients are asking: "What am I paying for?" This new time requires that agents like Steve explain their value clearly, in a way people can see, and quickly.
Buyer and Seller Effects: Changing the Real Estate Transaction
This change is not just affecting agents. It is really changing how buyers and sellers take part in real estate deals.
For Buyers:
- 🧾 Buyers may now need to pay their agent’s commission directly from their own money.
- 💸 For first-time buyers, who already have problems with down payments and closing costs, this could be a big extra cost.
- ⚖️ Buyers will now look at agent value more closely. They will choose an agent not just by who is free, but by how well they perform, how much they know about the area, and what value their services bring.
- 🔍 Lenders, worried about changes in rules, may or may not let buyers add commissions to their mortgage. This would make budgets tighter.
For Sellers:
- 💥 Sellers are no longer required to offer good buyer-agent commissions through MLS platforms.
- 🧩 For smart reasons, some sellers might still offer buyer-agent fees. This could attract more offers or help them sell faster. This is especially true in markets where sales are slowing or there are many homes for sale.
- 🏁 Having the freedom to keep back or change commission offers could give sellers more control over prices. But it could also make buyer agents push back if commissions are not good enough.
- 📊 In Las Vegas' mix of different single-family homes, condominiums, and luxury properties, making commission plans that fit each situation will become more and more useful.
Is This the End of Real Estate Lawsuits?
No. Settling the 15 cases related to $1.04 billion solves some of the current legal problems. But this is not the end of the lawsuits.
The NAR is still being watched legally. And experts largely agree that other players could be next to be sued soon. These include:
- Local MLS groups that have not started using new commission rules.
- Smaller or regional brokerages that have not changed their ways to match national trends.
- Proptech platforms, where how clear their prices are may now be more strictly controlled.
In fact, we may see more enforcement by states or lawsuits aimed at old agency contracts, not showing fees clearly, or not following new buyer-agent paperwork rules.
Legal experts think the real estate commission lawsuits could lead to government oversight. This could be like what the finance tech or healthcare industries went through after big changes. The many lawsuits could last 2–5 more years before things are fully clear.
The “Less Common Path”: Other Commission Models Becoming More Accepted
As people and companies in the industry think again about the traditional real estate agent model, other commission structures are becoming more common. These include:
1. Services by Task
Instead of full-service packages, agents (or brokerages) offer a list of prices for each task. This could be help with paperwork, setting up inspections, marketing, and more. This gives clients who care about cost more control and more ways to manage their money.
2. Hourly Consulting
This model is popular with investors or experienced buyers. It charges clients based on how much time an agent spends giving advice. This changes what people see as valuable, from how many deals an agent does to how much knowledge they share.
3. Flat-Fee Agent
A single flat fee, no matter the home price, makes budgeting easier for both buyers and sellers. It also takes away reasons for agents to push for higher sale prices just to get bigger commissions.
4. Pricing Based on Value
Some top agents now offer prices linked to how well they do. For example, "I get paid X if we sell within 30 days" or bonuses for selling above target prices. This model links pay to results. This makes the agent's goals the same as the client's.
These other options are becoming more accepted, especially in fast-changing markets like Las Vegas. Here, investors, flippers, and short-term rental owners want things done quickly and well. But for everyday buyers and sellers, especially first-timers, trusted full-service agents still offer the best help.
What Las Vegas Buyers and Sellers Need to Know
If you are moving through the busy Las Vegas housing market, understanding how your agent gets paid matters more than ever.
Here are key reminders:
- 🧾 Commissions can be talked about. Ask early how fees are set up and who is paying what, especially for buyer agents.
- ❓ Do not just ask "how much"—ask "for what." Think about all the services included in an agent’s quote.
- 📉 Know that the cheapest option is not always the best. You are hiring a professional, not buying a simple product.
- 🛑 Always read contracts that you must follow. Buyer representation contracts now have clear payment rules. Make sure you are comfortable before signing.
- 🧠 Think differently about choosing an agent. Look beyond friends or relatives. Talk to agents and look at their tools, facts, and how they work.
In quick markets like Henderson, Summerlin, and The Arts District, where there is high competition and risky investments are common, not understanding how your real estate agent gets paid could cost you time and money.
What Agents Should Do Now
To change and do well, real estate professionals must start changing their business plans. Ideas include:
- 📜 Update buyer agent agreements to show that buyers may be paying the fees.
- 💬 Teach early. Use blog posts, webinars, and video explainers to make commission changes clear for past and current clients.
- 📈 Show proof of value. Keep track of important measures of how well they do, like time on market, sale price compared to list price, or average offers per listing.
- 📊 Use commission structures that can change. The "one-size-fits-all" fee may no longer work for every client.
- ⚖️ Follow the law. Keep an eye on decisions from important lawsuits like Moehrl and Sitzer/Burnett, and change how they work based on those.
Steve Hawks has already started using better tools. These include tools that guess future market trends, personal dashboards for buyers, and clear listing presentations. All of these are aimed at showing clients exactly where their money goes.
Final Thoughts: Uncertainty Brings Chances
The real estate industry is entering a time after commission lawsuits. It has many unknowns but also many chances. Billion-dollar commission lawsuit settlements have shaken the profession's foundation. But they also make it easier for new ideas, for agents to stand out, and for a stronger focus on what clients need.
For buyers and sellers, this is a reason to act. Think again about how you hire and judge your real estate agent. Focus less on commission percentages and more on the value you get.
For agents like Steve Hawks, it is a challenge to be more than just about transactions and truly advise clients. This means not just explaining the market, but guiding clients through it.
In the years ahead, one truth will remain: clients do not just want cheap. They want clarity, competency, and results.
Citations:
- Redfin. (2024). 20% of buyers now plan to negotiate commissions directly with agents. Retrieved from data shared in commission lawsuit coverage.
- Burnett v. National Association of Realtors, 4:19-cv-00332-SRB (W.D. Mo.) Final Settlement Approval, May 9, 2024.
- Moehrl et al. v. The National Association of Realtors et al., 1:19-cv-01610 (N.D. Ill.).