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The Real Estate Lawsuit That Just Won’t Die: Why Buyers, Sellers, and Agents Need to Pay Attention

The Real Estate Lawsuit That Just Won’t Die: Why Buyers, Sellers, and Agents Need to Pay Attention

Ongoing commission lawsuits are forcing a shift in how real estate is structured and negotiated

  • Jae Smith

The real estate industry is still dealing with the fallout from commission lawsuits that many thought were already behind us.

A new class action filing has brought major brokerages back into the spotlight, even after prior settlements were reached. The issue is not just what happened before, it is whether those same practices are still in place.

This is where most people misunderstand what is happening. This is not just a legal situation. It is a structural shift.

For years, sellers have typically covered both sides of the commission. That has been the standard. Now that structure is being challenged, and if it changes, it affects how every deal is put together.

For sellers, this creates a different level of control. Commission is no longer something that may be assumed. It becomes something that can be negotiated more directly, which impacts net proceeds in a real way.

For buyers, the shift is just as important. If sellers are no longer offering compensation to buyer agents, that cost does not disappear. It moves. Buyers will need to understand how representation works, what it costs, and how to structure their position before entering the market.

Most buyers are not prepared for that yet.

This is where the gap starts to show.

Agents are facing the same moment. The industry is moving toward more transparency, clearer value, and more flexible structures. Some will adapt quickly. Others will stay tied to models that no longer align with where things are going.

And that difference will show up in how deals are handled.

The larger point is simple. Real estate is not staying the same.

When the structure of the market changes, the people who benefit are the ones who understand it early and position themselves accordingly.

Bottom Line

This is not about one lawsuit continuing to drag on.

It is about how real estate is evolving.

Buyers, sellers, and agents all need to be aware of what is changing and how it affects their position before they step into a deal.


Jae Smith

Plush Properties is a modern real estate firm serving Long Island, NYC, Westchester & NJ, built on strategy, precision, and a more intentional approach to representation.

Jae Smith is a licensed real estate broker with over 25 years of experience, known for navigating complex transactions across luxury, residential, and investment properties. Operating across both New York and New Jersey, he brings a broader market perspective, strong negotiation strategy, and a direct approach focused on positioning clients for the best possible outcome.

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