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Monday, October 19, 2026Bay Area Market: Coverage updated daily

Sitzer settlement survives another challenge as attorneys fight over $120M commission fund

Objectors March and Friedman lost rehearing requests, Gibson rehearing petition remains pending

Silicon Valley and Bay Area real estate
Curated News BriefBased on original reporting by HousingWire (September 28, 2026). The summary below is the Journal’s; the local analysis is original commentary by Omar Murillo.

You know, these commission settlement cases just keep twisting and turning. According to HousingWire, the Eighth Circuit Court of Appeals has refused to rehear challenges to the Sitzer and Burnett settlement approval, which is good news for the National Association of Realtors and other parties who want to finalize this thing. Two objectors had pushed for another round of arguments, but the court shut that down. The NAR put out a statement saying they're pleased with the decision and confident the court got it right.

What's interesting is that while one major settlement door is closing, another one is still wide open. There's still a pending rehearing petition connected to the Gibson settlement that the court hasn't ruled on yet. So we're not completely out of the woods on all fronts.

The real fight happening right now, though, centers on how to divvy up the money in these homebuyer commission cases. According to the reporting, there's roughly one hundred twenty million dollars in settlement funds total, but attorneys are arguing fiercely over who deserves to get paid from it. The Batton homebuyer case attorneys want nearly forty million dollars for their work, but the attorneys from the Tuccori case are pushing back hard, saying the Batton team didn't actually help create most of that fund.

It's become a bit of a turf war. The Tuccori attorneys argue the Batton attorneys shouldn't get a cut because they didn't contribute to building the settlement the way they did. The Batton side counters that the money actually came from defendants in their case, so they should share in the legal fees. Right now, nobody's sure when this dispute gets resolved, though many of these settlements are supposed to get final approval in November of twenty twenty-six.

What I'm seeing locally in the Bay Area is that these national commission fights keep creating uncertainty for our market. Buyers and sellers here are still navigating how commissions work while these legal battles drag on, and it's making conversations with clients more complicated than they need to be. Once these cases actually settle for good, we'll have clearer rules to work with, but until then, there's just this lingering cloud hanging over the business.