Real Estate Law · August 12, 2026 · 8 min read
Today the Tenth Circuit Court of Appeals upheld the dismissal of an antitrust lawsuit filed by Homie, a discount brokerage, against the National Association of REALTORS® and several major brokerages. The court ruled there was no plausible evidence of conspiracy and that the timing of Homie's claims didn't hold up.
This is just the latest chapter in a multi-year legal storm around real estate commissions and how agents get paid. And if you're trying to buy a house in Harford County or Baltimore City or anywhere else I serve across Maryland, DC, Pennsylvania, or Delaware, you're probably wondering: does this affect me?
Short answer: not directly. But let me walk you through what's actually happening in the legal landscape right now, because it does shape the paperwork you'll sign and the conversations we'll have before we ever walk into a home together.
Homie operates as a flat-fee or reduced-commission brokerage. They sued NAR and other big players, claiming they'd conspired to shut out discount models and keep commission rates artificially high. The district court dismissed the case, and now the Tenth Circuit has backed that decision, saying Homie didn't show enough evidence of an actual conspiracy and that some of their claims came too late under antitrust law.
The decision doesn't make new law for Maryland or the mid-Atlantic. It's not binding here. But it does reinforce that courts aren't automatically siding with plaintiffs who argue the old commission structure was a grand conspiracy. Context matters.
Here's what buyers and sellers in Maryland, DC, Pennsylvania, and Delaware actually need to understand. Earlier this year, NAR finalized a nationwide settlement in the Sitzer/Burnett and Moehrl cases. That settlement changed the rules of the game — not because a court ordered it, but because NAR agreed to it to resolve massive litigation.
I wrote about this in detail back in August, but here's the refresher.
Starting last summer, NAR members — which includes me and most REALTORS® you'll meet — must:
Have a written buyer agency agreement in place before showing a home. You can't just tour houses with an agent anymore and figure out the paperwork later. We sit down first, we talk about what I'll do for you, and we sign an agreement that spells out our relationship and my compensation.
Stop advertising buyer-agent compensation on the MLS. Sellers can still offer to pay a buyer's agent, but that offer doesn't show up as a data field in the listing anymore. It has to be communicated separately — often through agent-to-agent conversation or in remarks.
These rules apply whether you're looking at homes for sale in Howard County or condos in Capitol Hill or farms in Lancaster County, PA. NAR is a national organization; the settlement terms ripple everywhere.
You can read the full settlement details on NAR's official page.
Let's make it concrete. You call me because you want to see a listing in Bel Air or Annapolis or Silver Spring. Before we schedule the showing, I'm going to ask you to meet (in person, over Zoom, whatever works) so we can sign a buyer agency agreement.
That agreement will say:
That last part is where people get nervous. So let me be clear.
It depends. And it's negotiable.
The seller might still offer compensation to the buyer's agent. This has been common practice for decades, and many sellers — especially in markets where they need every advantage — continue to do it. But now it's not broadcast on the MLS. I'll find out by calling the listing agent or checking disclosure documents.
You, the buyer, might pay me directly. If the seller isn't offering anything, or isn't offering enough to match what we agreed on in our contract, the difference comes from you. That can be built into your closing costs (if your lender allows it and the appraisal supports it), or you can pay it out of pocket.
We can negotiate creative arrangements. Flat fee for certain services. Tiered pricing. Rebates if I'm also helping you sell a property. I come from twenty years in education and leadership; I know how to have an honest conversation about money.
The point is: it's transparent now. You know what I'm earning, and we both agree to it in writing before we start.
This is general information, not legal advice — for your specific situation, please consult a licensed real estate attorney.
State-level real estate law hasn't dramatically changed in response to the NAR settlement, but regulators and local REALTOR® associations have issued guidance.
The Maryland REALTORS® sent out practice updates last year reminding agents that buyer agreements are now mandatory and that we need to be careful about how we discuss compensation. The Greater Capital Area Association of REALTORS® (which covers DC and nearby Maryland) has done agent training on the new forms.
Pennsylvania and Delaware have similar guidance through their state associations. The rules are national, but local boards make sure we're implementing them correctly for our markets.
Maryland has strong disclosure requirements already. If you're buying in Maryland, the seller has to give you a Residential Property Disclosure and Disclaimer Statement unless they qualify for an exemption. That hasn't changed.
What has changed is that I now also have to disclose, in writing, before we tour property, exactly what our agency relationship is and what it costs. It's belts-and-suspenders transparency.
If you're thinking about buying a home anywhere I'm licensed — Cecil, Harford, Baltimore, Howard, Anne Arundel, Montgomery, Charles, or Prince George's County in Maryland; DC; York or Lancaster County in Pennsylvania; New Castle County in Delaware — here's my advice.
You can always reach out to me here if you want to talk through how this works for your specific situation.
Legal rulings like today's Homie dismissal don't happen in a vacuum. They're part of a broader conversation about whether the traditional commission model is fair, competitive, and transparent.
Personally? I think the new rules are better for consumers. You know what you're getting and what it costs. Agents who provide real value will do fine. Agents who were coasting on the old system will have to step up or step out.
And yes, it's a little more paperwork up front. But I've sat through enough closings where a buyer was surprised by a fee or confused about what their agent actually did — this prevents that. Everyone's clear from day one.
The latest mortgage rate data from Freddie Mac shows the 30-year fixed rate at 6.69% as of August 6, and applications are ticking up slightly as rates dip from their summer highs. Buyers are coming back into the market. Inventory in Maryland is finally loosening a bit. This is actually a decent time to be looking, if you're ready and you understand the new rules of engagement.
Cases like Homie's will keep popping up. Some will succeed, some will fail. The NAR settlement wasn't the end of litigation — it was a big settlement in a few very public cases.
But for you, the person trying to buy or sell a house, the key is this: work with an agent who's willing to explain the agreement in plain English, who's transparent about money, and who treats you like a person, not a transaction.
I'm licensed in four jurisdictions and I've worked with clients in urban rowhomes, suburban subdivisions, and rural farmland. The legal landscape has shifted, but the fundamentals haven't. You need someone who knows the market, knows the contracts, and has your back.
If you've got questions about how buyer agreements work in Maryland, DC, Pennsylvania, or Delaware — or if you just want to talk through what you're seeing in the market — let's talk. No pressure, no jargon, just a conversation.
Katrina Kirton Sherrod, REALTOR® · Samson Properties · Licensed in MD, DC, PA & DE · 443-616-9770 · Katrina@kkstherealtor.com
“A house is made of walls and beams; a home is built with love and dreams.” — Ralph Waldo Emerson (attributed)