Real Estate Lawsuits Mean Buyer Agents May Be Going Away for Good

The industry is in a state of churn. Class-action verdicts, copycat filings, and a tidal wave of hot takes have thrown a bright spotlight onto how commissions work, who pays whom, and whether the buyer-agent model is built to last. The conversation isn’t comfortable—but it’s necessary. This is a clear-eyed walk-through of what the recent cases allege, why commissions looked “stuck” for so long, how buyer agency even emerged, and what everyday buyers should expect if the ground shifts again.

Where Real Estate Lawsuits Point the Industry Next

A major jury verdict in the Sitzer/Burnett case found that a national trade group and several large brokerages engaged in anti-competitive behavior by conspiring to inflate commissions. The swiftness of the verdict raised eyebrows, and the ruling has already inspired additional lawsuits aimed at other companies and organizations. The aftershocks won’t end quickly; once one class action hits, others tend to follow.

The core allegation is simple: when sellers hire a listing agent, they’re effectively required to pay a buyer’s agent, too—and the amounts have been “fixed” for years. The counterpoint offered here rejects the notion of a grand conspiracy: national brands may share a logo, but local offices compete fiercely (often with different brokers, separate cultures, and little coordination). In practice, these firms “despise” losing agents to each other, and that cutthroat reality doesn’t square with the idea of quiet collusion across hundreds of independent operations.

Why the 6% “stuck” around

If there’s no smoke-filled room, why did commissions look so similar for so long? One explanation leans on the free market. Competing businesses constantly watch one another’s pricing (think gas stations or two rival beverage companies). Prices cluster because consumers reveal what they’ll tolerate—without any need for back-room deals. In housing, that long-running benchmark was roughly 6% (sometimes more, sometimes less), because it seemed to keep all sides engaged: sellers could get homes sold, buyers could secure representation, and agents could afford to deliver full service.

How buyer agency emerged (and why it mattered)

Buyer’s agents are a relatively recent invention. Decades ago, there was only the listing side. Over time, consumers wanted someone advocating for buyers, too—so commission-sharing became common: the listing side marketed the property, but if a separate agent brought the buyer, the fee got split. That shift wasn’t about helping agents; it was about protecting consumers and avoiding the old “sell-it-for-more-and-pocket-the-difference” approach that once ruled the day.

What could actually change

No one can time the outcome, but there’s a scenario where these real estate lawsuits eventually unwind the buyer-agent model as we know it. Not this year. Probably not next year. But potentially before the decade’s end. If that happens, buyers would either (a) pay their representatives directly more often, or (b) skip representation and lean on attorneys just to paper the deal. The caution raised here: the modern transaction isn’t what it was 30 years ago. It’s more complex, more regulated, and more dependent on specialized know-how and a reliable network.

A note on contracts and who pays

Only about a third of U.S. states use a true buyer-agency agreement. South Carolina is one of them. Those contracts spell out how a buyer’s agent is paid and make clear that if the commission can’t be covered within the deal (via the seller or the listing brokerage), the buyer is responsible for the agreed amount. Practically, many buyers end up paying little or nothing directly—yet the contract sets expectations upfront and avoids last-minute surprises.

The Value of a Strong Buyer’s Agent (If the Model Survives)

The debate over money tends to overshadow the question that matters most to consumers: what value gets delivered? The discussion here lays out a pragmatic, boots-on-the-ground view of what quality buyer representation can look like.

Someone who will say, “Don’t buy this.”

Reality TV stereotypes aside, a capable agent often talks clients out of a purchase. It starts with studying the market daily, prepping for showings, and telling hard truths about value. If a home is overpriced or risky, the advice is straightforward: walk away.

Two vantage points beat one

Agents who handle both listings and purchases see the whole chessboard. They recognize which terms impress a seller and which clauses quietly protect a buyer. That dual perspective changes how offers are written, how leverage is assessed, and how negotiations unfold—especially in multiple-offer situations.

Practical construction experience and insurance fluency

Experience matters. A background that includes insurance adjusting, flipping, or managing rentals sharpens the ability to spot red flags fast. Think obvious (but easily missed) roof damage, systems at end of life, or “pretty” remodels hiding expensive problems. One striking example: visible hail damage on a roof at first glance from the street—an insurance headache waiting to happen. That kind of early catch can save a buyer from uninsurable risk and thousands in future costs.

Access to homes you won’t find on the portals

Some opportunities never hit the MLS. Broker-exclusive listings (inside a single firm’s network) and off-MLS leads from investors and wholesalers can bring options that algorithms won’t. In a low-inventory market, even a handful of additional shots on goal can change the outcome.

Local builders, local flippers, real reputations

New construction has been a pressure valve for tight inventory, but builder quality varies widely. A seasoned local agent has opinions (earned through transactions, inspections, and warranty follow-ups) about which names tend to do right by buyers and which require extra diligence.

A real network—and constant pruning

Inspectors, engineers, lenders, contractors, roofers, HVAC, plumbers, closing attorneys—the list is long, and the quality difference is real. The point isn’t just “having a Rolodex.” It’s curating one, replacing weak links, and matching the right pro to the right job when time pressure is highest.

Availability that meets real life

Deals don’t keep bankers’ hours. Strong representation means showings at odd times, rapid-fire countering from a poolside bench, or documents executed from a hospital bed if that’s what the moment requires. Technology helps (fully remote transactions are absolutely doable); empathy and hustle finish the job.

Negotiation that fits the human on the other end

Every agent on the other side communicates differently. Some want bullet-point texts; others need a live call to process. The strategy can’t be one-size-fits-all; it has to be nimble, respectful, and tuned to the signals. That’s especially true when emotions run hot—a common state during inspections and repairs.

Deal-saving creativity

Contracts wobble. Inspections spook buyers. Appraisals rattle sellers. The ability to bring both sides back from the brink—without sacrificing a client’s core interests—is an underappreciated craft. Often it’s not about big gestures; it’s about precise, practical solutions that de-escalate tension and keep the path to closing intact.

Contracts that protect (and persuade)

Price and closing date are table stakes. The real work happens in the details: timelines, contingencies, repair structures, appraisal language, rent-backs, per diem clauses, escalation mechanics, and on and on. A well-built offer protects the buyer while signaling competence and reliability to the seller—often the difference in a competitive field.

If Buyer Agents Shrink or Disappear, What Then?

If these Real Estate Lawsuits push the market toward fewer buyer agents, buyers will face a choice: go it mostly alone with a closing attorney, or pay directly for a representative who handles the messy middle—pricing, property risk, due diligence, local nuance, and the thousand small issues that can derail a transaction. Plenty of experienced buyers can navigate with light guidance. Many cannot—and won’t realize it until something expensive or irreversible shows up after closing.

In other words, the real question isn’t just “who pays? ” It’s “what value is worth paying for? ”

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Bottom Line

The commission debate isn’t going away. The verdicts are real, the copycat cases are multiplying, and some version of change is likely on the horizon. Maybe buyer agents will become rarer. Maybe buyers pay representatives directly more often. Either way, the path forward will reward clarity: clear contracts, clear expectations, and clear value. For many consumers, a steady hand through a complicated process will still be worth it—so long as the service is visible, practical, and genuinely on the buyer’s side.

Ien Araneta

Journal & Podcast Editor | Selling Greenville