Memo – FAQ – NAR Lawsuit – Broker Commissions Antitrust Settlements

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 proposed settlements of a class action lawsuit 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. A full copy of the Settlement Agreements may be viewed on the Important Documents page. The Notices contain 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. The people who filed this lawsuit are called the Plaintiffs.  The people being sued are called the Defendants.  Defendants include The National Association of Realtors (“NAR”) and the following large real estate brokerage firms: Anywhere, RE/MAX, Keller Williams, and Berkshire Hathaway HomeServices.  Of these Defendants, the Settlements concern only Anywhere, RE/MAX and Keller Williams.

The Settlements also resolve claims against Anywhere, RE/MAX and Keller Williams raised in at least two other lawsuits: Moehrl et al. v. National Association of Realtors et al., Case No. 1:19-cv-01610-ARW (Northern District of Illinois); and Nosalek v. MLS Property Information Network, Inc., et al., Case No. 1:20-cv-12244-PBS (District of Massachusetts). 

The lawsuits claim that Defendants 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.).

The Sherman Act claims apply to home sales that occurred anywhere in the United States during the Eligible Date Range.

Although the Court has authorized notice to be given of the proposed 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 lawsuit.

Anywhere, RE/MAX and Keller Williams dispute Plaintiffs’ allegations and deny all liability to Plaintiffs and the Class. You can read the Answers filed by Anywhere, RE/MAX, and Keller Williams on the Important Documents page.

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 Court decided that this lawsuit can be a class action 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) this class action will be more efficient than having individual lawsuits.

The Court did not decide this case in favor of the Plaintiffs or Defendants. Instead, Counsel for the Settlement Class investigated the facts and applicable law regarding Plaintiffs’ claims and Defendants’ defenses. The parties engaged in lengthy arms-length negotiations to reach the Settlements. Plaintiffs and Counsel for the Settlement Class believe that the proposed Settlements are fair, reasonable, and adequate, and in the best interest of the Class.

Both sides agree that by settling, Anywhere, RE/MAX and Keller Williams are not admitting any liability or that they did anything wrong. Both sides want to avoid the uncertainties and expense of further litigation.

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 the Anywhere and Re/Max Settlements, and in FAQ 7 for Keller Williams.

You do not need to have sold a home using an Anywhere, RE/MAX, or Keller Williams agent to make a claim.

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 the Keller Williams Settlement, and in FAQ 6 for the Anywhere and RE/MAX Settlements. 

You do not need to have sold a home using an Anywhere, RE/MAX, or Keller Williams agent to make a claim.

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.

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.

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

Anywhere and RE/MAX have agreed to pay, collectively, $138,500,000 into settlement funds and Keller Williams will add an additional $70,000,000 for a total of $208,500,000. The funds 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.

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.

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 the Settlement Agreement, and the Preliminary Approval Order; (b) fully and truthfully completed by a Settlement Class Member 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 by clicking this link, 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

If you sold multiple homes during the Eligible Date Range, you will need to submit a separate Claim Form for each property you sold. You may submit multiple claims without entering a Unique ID and PIN by clicking “Next” on the Online Claim Form page.   

The Court will hold a final Fairness Hearing at 10AM on May 9, 2024 in the United States District Court for the Western District of Missouri, 400 E. 9th St., Courtroom 7B, Kansas City, Missouri 64106, to decide whether to finally approve the Settlements. If the Settlements are approved, there may be appeals. Payments to members of the Settlement Class will be made only if the Settlements are approved and after any appeals are resolved. This may take some time, so please be patient.

Upon the Court’s approval of the proposed Settlements, all members of the Settlement Class who do not exclude themselves (as well as their representatives) will release Anywhere, RE/MAX and Keller Williams (and their affiliates, subsidiaries, franchisees, employees, and certain others who may be subject to claims with respect to Anywhere, RE/MAX and Keller Williams as specified in the Settlement Agreements). All members of the Settlement Class who do not exclude themselves will release 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. 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 Agreements, which are available on the Important Documents page of this website.

To ask to be excluded, you must execute and submit a Request for Exclusion to the Court postmarked on or before the end of April 13, 2024.  A Request for Exclusion must be personally signed by each potential Settlement Class Member requesting exclusion.  Additionally, a Request for Exclusion must include the potential Settlement Class Member’s present name and address, a clear and unequivocal statement that the potential Settlement Class Member wishes to be excluded from the Settlement Class as to Anywhere, RE/MAX, Keller Williams or all three, and the signature of the putative Settlement Class Member or, in the case of a potential Settlement Class Member who is deceased or incapacitated only, the signature of the legally authorized representative of the putative Settlement Class Member.

If the request is not postmarked on or before April 13, 2024, your exclusion will be invalid, and you will be bound by the terms of the Settlements approved by the Court, including without limitation, the judgment ultimately rendered in the case, and you will be barred from bringing any claims against Anywhere, RE/MAX or Keller Williams which arise out of or relate in any way to the claims in the case as specified in the release referenced in FAQ 13 above.

No. Unless you exclude yourself, you give up any right to sue Anywhere, RE/MAX and/or Keller Williams for the claims that the Settlements resolve. If you have a pending lawsuit against Anywhere, RE/MAX or Keller Williams, speak to your lawyer in that case immediately. You may have to exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is April 13, 2024.

No. If you exclude yourself as to the Anywhere, RE/MAX and Keller Williams settlements, do not send in a claim form to ask for any money. If you exclude yourself only as to Anywhere, you may still ask for money from the Settlements with RE/MAX and Keller Williams. If you exclude yourself only as to RE/MAX, you may still ask for money from the Settlements with Anywhere and Keller Williams. If you exclude yourself only as to Keller Williams, you may still ask for money from the Settlements with Anywhere and RE/MAX. If you exclude yourself as to Anywhere, RE/MAX or Keller Williams, you may sue, continue to sue, or be a part of a different lawsuit against Anywhere, RE/MAX or Keller Williams.

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.

Class Counsel will ask the Court for attorneys’ fees, in an amount not to exceed one-third (33.3%) of the settlement fund, plus out-of-pocket expenses incurred during the case. The Court may award less. Class Counsel will also seek 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; and Moehrl et al. v. The National Association of Realtors, Case No. 19-CV-01610-ARW, pending in the Northern District of Illinois.

The Class Representatives will make their request for attorneys’ fees, costs, and service awards on or before February 29, 2024, and that request will be published on the Important Documents page of this website.

Anywhere, RE/MAX and Keller Williams 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.

If you are a Class Member, you can object to Anywhere, RE/MAX and/or Keller Williams Settlements if you do not like any part of them, including the forthcoming motion for attorneys’ fees, costs and service awards. You can give reasons why you think the Court should not approve them. The Court will consider your view. To object, you must file or send a written objection to the Court, in accordance with any instructions ordered by the Court, by April 13, 2024 or you will be deemed to have waived all objections and shall be foreclosed from making any objection (whether in opposition to the motion for Preliminary Approval, motion for attorneys’ fees, costs and service awards, motion for Final Approval, on appeal, or otherwise) to the Settlements. Be sure to include the case name and number (Burnett et al. v. The National Association of Realtors et al., Case No. 19-CV-00332-SRB), your name, address, telephone number, your signature, and the reasons you object to the Settlements.

You must file any objection with the Clerk of the Court at the address below by April 13, 2024:

United States District Court for the Western District of Missouri
400 E. 9th St., Room 7462, Kansas City, Missouri 64106
Burnett et al. v. The National Association of Realtors et al., Case No. 19-CV-00332-SRB

You must also send your objection by first class mail, postmarked on or before April 13, 2024, to Class Counsel and Defendants’ Counsel. These documents should be mailed to Class Counsel at:

and to Anywhere and RE/MAX Counsel at:

Any member of the Settlement Class who does not file and serve an objection in the time and manner described above will not be permitted to raise that objection later.

Objecting is simply telling the Court that you don’t like something about the Settlements. 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 exclude yourself, you have no basis to object because the Settlement no longer affects you.

There will be a final Fairness Hearing to consider approval of the proposed Settlements at 10AM on May 9, 2024 at the United State District Court for the Western District of Missouri, 400 E. 9th St., Courtroom 7B, Kansas City, Missouri 64106. The hearing may be postponed to a later date without further notice but any such postponements will be posted on the Key Dates page of this website. The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of the Settlements, whether the Settlement Class is adequately represented by the Plaintiffs and Class Counsel, and whether an order and final judgment should be entered approving the proposed Settlements. The Court will also consider Class Counsel’s application for an award of attorneys’ fees and expenses, and any class representative service awards.

You will be represented by Class Counsel at the Fairness Hearing unless you choose to enter an appearance in person or through your own counsel. The appearance of your own attorney is not necessary to participate in the Fairness Hearing.

No. Class Counsel will represent the Settlement Class at the Fairness Hearing, but you are welcome to come at your own expense. If you send any objection, you do not have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend if you wish.

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Burnett et al. v. The National Association of Realtors et al., Case No. 19-CV-00332-SRB.” Be sure to include your name, address, telephone number and your signature. Your Notice of Intention to Appear must be postmarked no later than April 13, 2024, and be sent to the Clerk of the Court, Class Counsel and Counsel for Anywhere, RE/MAX and Keller Williams, at the addresses on FAQ 19. You cannot speak at the hearing if you excluded yourself.

There are other class actions involving similar claims that are related to the Settlements, including: 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 et al., Case No. 19-CV-01610-ARW, pending in the Northern District of Illinois; and Nosalek v. MLS Property Information Network, Inc. et al., Case No. 20-CV-12244-PBS, pending in the district of Massachusetts, among others. The Settlements will settle the claims against Anywhere, RE/MAX and Keller Williams that were brought in those cases, but it will not settle the claims against other Defendants in those cases. If you are a member of a class in one of those cases, you may have additional rights to participate in or exclude yourself from ongoing litigation in that case. 

The Notices are only summaries. For a more detailed statement of the matters involved in the lawsuit 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 can be requested from Williams Dirks Dameron LLC, c/o Eric Dirks, 1100 Main Street, Suite 2600, Kansas City, MO 64105.