Sellers sued the real estate industry and won $418 million. Now buyers just settled their own lawsuit for $52 million.
Two separate lawsuits. Two separate groups of people saying the same thing.
Sellers argued in 2024 that the commission system was rigged against them. They won a $418 million settlement. NAR had to change how commissions worked.
Agents now have to tell buyers upfront what they charge and put it in writing before showing a single house.
Then buyers filed their own case. Buyers claimed NAR's rules made commissions nearly impossible to negotiate, which kept prices inflated.
That case just settled in April for $52.25 million.
Here is the part nobody talks about. After the first settlement, commissions went up, not down.
The average buyer agent commission was 2.36% before the settlement. It's now 2.42%. The disclosure rules changed but the actual cost didn't.
What buyers can actually do right now:
Ask for the buyer rep agreement before you sign it, not after you've already toured homes.
Ask specifically what the agent charges and whether it's negotiable.
Ask what happens if the seller won't cover it.
Two settlements. $470 million total. The only thing that actually changed is you can ask questions now.