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The Eighth Circuit Court of Appeals has unanimously affirmed the lower court’s decision approving the settlement in the Sitzer v. Burnett case, upholding the historic National Association of REALTORS®’ $418 million settlement.
In October 2024, several brokerage firms and home sellers filed an antitrust class- action lawsuit against NAR that was resolved through a court-approved settlement later that same year. The settlement included practice changes that remain in effect today, as well as financial relief for the nationwide class.
The district court carefully considered the settlement and determined that it was fair, reasonable, and adequate ― affirming the decision on appeal. More broadly, this outcome provides additional certainty for REALTORS®, brokerages, MLSs, and consumers and allows the industry to remain focused on serving buyers and sellers.
The appellate court’s decision reinforces the validity of the settlement while providing greater certainty for the industry moving forward and keeping the practice changes in full effect, according to Jonathan Waclawski, NAR’s General Counsel, Senior Vice President.
NAR continues to believe the settlement and practice changes increase choice and transparency for both home buyers and sellers. “Although the plaintiffs may still pursue further legal options, including petitioning the Supreme Court to hear an appeal, this decision allows NAR and the industry to stay focused on serving consumers and members while bringing this chapter of litigation to a close,” Waclawski said.
NAR will continue to meet its obligations under the settlement, including the remaining scheduled settlement payments.
August 19, 2026
