Commission changes haven’t killed deals, but ‘worrisome trends’ loom

After the National Association of Realtors suffered a loss in the Sitzer/Burnett commissions trial and agreed to settle with the homeseller plaintiffs, many consumer advocates believed agent fees would come down. Instead, the Consumer Federation of America (CFA) reports, not only have commissions seen little movement, homebuyers now face new barriers to housing.

According to a study released April 16 by the CFA in partnership with the National Urban League, real estate agent commissions have not significantly decreased, first-time homebuyers still face affordability challenges and consumers are unable to access all available listings.

To assess the state of homebuying in the wake of the NAR settlement, researchers surveyed 223 housing counselors across 37 states in July and August 2025, roughly a year after industry rule changes took effect. Housing counselors are HUD-trained individuals who provide guidance to first-time buyers and other homebuyer clients.

Some expected outcomes didn’t happen — but ‘worrisome trends are emerging’

The report’s findings show that two anticipated outcomes of the settlement haven’t come to pass: Commission fees are relatively unchanged, disappointing some consumer advocates. On the other hand, a concern raised by several advocacy groups — that the burden of paying buyer-agent fees could lock first-time or underserved buyers out of the market — appears to be unfounded. 

Still, “new worrisome trends are emerging, including the rise of anti-competitive ‘pocket listings’ and the Administration’s threat to cut all funding for housing counselors, which could reduce fair access to homeownership,” Sharon Cornelissen, director of housing at the CFA, said in a statement.

Urban League President and CEO Marc H. Morial echoed Cornelissen’s concerns, adding that such trends “threaten to usher in a new form of redlining,” especially for Black homebuyers. “Homeownership remains the primary driver of wealth in this country. We cannot reach equity without protecting the pathways that allow every family, in every community, to own a home,” Morial said.

Why commissions haven’t fallen

Decoupling buyer and seller agent commissions, proponents argued, could lead to lower overall commissions for the benefit of consumers. But one year after the settlement went into effect, no meaningful change in commissions was reported, according to the CFA.

Only 7% of housing counselors surveyed said their first-time buyer clients paid lower commissions compared to clients seen a year earlier. More than a third (36%) believed commissions had held steady or increased from the year before, while 28% were neutral.

The report attributed these findings to a lack of negotiation between homebuyers and their agents and to limitations inherent in the settlement, which still allows buyer and seller agents to communicate about commission rates as long as it is not done through the MLS.