A Different Front in the Commission Wars
Buyers, Not Sellers, Lead the Charge
Unlike the landmark Sitzer/Burnett and Gibson cases — which were brought by homesellers — the Batton litigation was filed in 2021 by homebuyers. The plaintiffs allege a conspiracy that kept buyer-broker commissions artificially high, inflating the overall price of homes.
Originally, the lawsuit named the National Association of Realtors, Anywhere Real Estate, REMAX and Keller Williams as co-defendants. Two years later, additional major brokerages were swept into a related action known as Batton 2.
At the center of the dispute is NAR’s now-defunct Participation Rule. The policy required listing brokers to make blanket offers of compensation to buyer brokers in order to place a property on a multiple listing service, or MLS — a rule critics argue cemented commission structures across the industry.
Billions at Stake, Class Status Pending
The Batton case has gained momentum in recent months. In September, plaintiffs sought class certification to represent what they estimate could be millions of buyers who allegedly paid more for homes due to the commission framework. If successful at trial, total damages were projected to reach into the billions.
Yet the litigation has encountered turbulence. The U.S. Court of Appeals for the Eighth Circuit is weighing whether buyers who also sold homes — and were included in the Sitzer/Burnett and Gibson settlements — can remain part of the buyer class in Batton. A ruling is expected this spring, a decision that could reshape the scope of the case.
