Objectors appealing commissions deals will get one last say 

Will the landmark settlements in two key commissions cases stand? That's a question a panel of Missouri judges will soon decide as they review the appeals filed in the Sitzer/Burnett and Gibson lawsuits earlier this year.

Oral arguments — typically the final step before an appeals court renders a decision — are scheduled for Jan. 14 at the U.S. Court of Appeals Eighth Circuit in St. Louis. The judges presiding over the hearing are Lavenski Smith, Ralph Erickson and Jonathan Kobes.

Unsatisfied with the deals: The settlements in the two antitrust cases — which account for the bulk of the $1 billion-plus settlement fund and drove changes to how buyer agent commissions are handled — are being appealed by more than half a dozen people. Their filings laid out a variety of issues with the settlements, including whether the seller class has standing, if the amount of damages was fair and who should be included in the settlement.

Lawsuits — and deals — years in the making: All of the settlements in Sitzer/Burnett and most of the agreements reached in the Gibson case were approved in October and November 2024, with additional Gibson deals approved in June 2025. The two cases focused on whether longstanding industry practices resulted in higher commissions and anticompetitive practices.

In Sitzer/Burnett — the only commissions case to go to trial — a jury agreed with the plaintiffs' claims that the defendants conspired to keep agent fees inflated. The Gibson case was filed immediately after that verdict was announced — on Oct. 31, 2023 — against a new set of brokerages and real estate associations. 

Throughout 2024, the plaintiffs in the two cases negotiated agreements with most of the defendants, establishing a massive settlement fund to be distributed to millions of home sellers. An estimated 2.5 million claim submissions from eligible sellers had been received by the May 2025 deadline, which could translate to about $250 per claimant.