Update on Sitzer/Burnett Appeals Process

NAR has informed associations that oral arguments in the Sitzer/Burnett settlement appeal are scheduled for January 14, 2026, before the Eighth Circuit Court of Appeals. This phase of the process does not undo the settlement or the practice changes already in effect. Those requirements continue to govern how REALTORS® work with consumers nationwide.

The settlement received final approval from the district court in November 2024, and NAR will continue to advocate for the settlement during this appeals process.

The practice changes implemented following the settlement promote transparency and consumer choice, all while supporting the important role REALTORS® play in guiding consumers through one of the most significant financial transactions of their lives and that hasn’t changed.

NAR expects the appellate court to issue a decision in late summer or early fall of 2026 and will keep us apprised of any relevant updates.

What You Need to Know:

• On January 14, 2026, oral arguments will take place in St. Louis, Missouri before a three-judge panel of the 8th Circuit Court of Appeals, in the Sitzer/Burnett settlement appeal. NAR, as well as the defendants and plaintiffs will be making arguments opposing a very small handful of objectors and intervenors as to why the settlement should stand.
• The settlement-approved practice changes remain in effect nationwide and continue to govern how REALTORS® work with consumers.
• We expect the appellate court to render its decision in late summer or early fall of 2026 and we will continue to provide updates as they are available.
• Appeals are a routine part of complex litigation, and NAR will continue to defend the settlement on appeal.
• Importantly, the appeals filed do not undo the practice changes or any other part of the court approved settlement.
• The appeal, in large part, challenges certain aspects of how the settlement was approved, rather than the underlying practice changes themselves, which are already in effect and governing nationwide.