Homebuyer Commission Claims Deadline Nears: Who Could Qualify?

A $28.5M homebuyer commission settlement deadline is approaching. Here’s who may qualify and what agents should know before Aug. 25.

Aug 19, 2026
3 minute read
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Homebuyers have less than a week to file claims in two real estate commission settlements totaling $28.5 million. A federal judge gave final approval Aug. 4 to settlements with Keller Williams and RE/MAX, and eligible buyers have until Aug. 25, 2026, to submit claims.

The settlements stem from Batton et al. v. National Association of Realtors et al., a homebuyer antitrust case over real estate commissions. Keller Williams agreed to pay $20 million, while RE/MAX agreed to pay $8.5 million. The court’s final settlement documents include orders approving both settlements and their distribution plans.

The deadline could bring questions from former buyer clients about whether their transactions qualify. Agents should know the basic eligibility rules without trying to interpret a client’s legal rights.

Who may qualify for a homebuyer commission claim?

The settlement eligibility rules generally cover people and entities that purchased US residential real estate listed on a multiple listing service during an applicable state-specific period through April 14, 2026. Starting dates vary by state or territory and can reach as far back as 2006. Buyers also do not necessarily need to have used a Keller Williams or RE/MAX agent to potentially fall within a settlement class.

There are exclusions, including some buyers whose claims are covered by earlier home-seller commission settlements. A transaction date, MLS listing or brokerage name alone is not enough to confirm eligibility.

Claimants may need the property address, purchase date, purchase price and commission information. Online claims can be submitted through the official claim form through Aug. 25. Mailed claims must be postmarked by the same date.

What the lawsuit alleges

The Batton plaintiffs allege that industry rules and practices reduced competition for buyer-agent services and kept buyer-agent commissions artificially high, with those costs ultimately reflected in home prices. Keller Williams and RE/MAX deny wrongdoing. Final approval means the court approved the settlement terms; it is not a ruling that either company violated antitrust law.

Claimants are not guaranteed a set payment. Court-approved fees, expenses and other deductions will reduce the settlement funds before distribution, and individual payments will depend partly on the number of valid claims.

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How agents should handle client questions

Receiving a settlement notice does not establish that a buyer was overcharged or that a past transaction was improper. Agents should avoid guaranteeing eligibility, estimating payouts or giving legal or tax advice about a potential payment.

Brokerages may want a standard response that directs clients to the claims administrator for transaction-specific questions. Agents can explain where to find the official materials without interpreting class definitions on a client’s behalf.

The questions arrive as buyer-agent compensation remains under heightened scrutiny. Recent The Close reporting on post-settlement compensation found that commissions have remained relatively stable even as compensation discussions have moved earlier in the buyer relationship.

A separate $120.3M buyer settlement is also open

Another homebuyer commission case, Tuccori et al. v. At World Properties et al., is proceeding separately. That proposed settlement totals about $120.3 million. According to the settlement administrator, claims must be submitted or postmarked by Oct. 27, 2026. The deadline to opt out or object is Sept. 17, with a final approval hearing scheduled for Nov. 2.

NAR is contributing $52.25 million. Its agreement requires continued compliance with commission-related practice changes stemming from the earlier Sitzer/Burnett settlement but does not impose additional practice changes. Eligibility and exclusions differ between Batton and Tuccori, so qualifying for one does not automatically mean a buyer qualifies for the other.

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Brokerages should prepare for the Aug. 25 deadline

Brokerages should be ready for client questions before the Aug. 25 deadline. Agents can direct buyers to the official claims materials, while leaving eligibility determinations, legal questions and payout calculations to the administrator or counsel. The next major claims deadline arrives Oct. 27 for eligible buyers covered by the separate Tuccori settlement.

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