Skip to content

A clearer view of housing.

Analysis

Batton Settlement Final Approval: What It Resolves

By The Housing Current Editorial TeamAugust 8, 20265 min read

Batton settlement final approval covers Keller Williams and RE/MAX homebuyer claims, with different eligibility rules and an August 25 claim deadline.

The August 4, 2026, judgments in Batton grant final approval to the Keller Williams and RE/MAX homebuyer settlements. They cover different groups of buyers, and approval sets neither an individual payment amount nor a payment date. Former clients considering a claim by August 25 need to check each settlement’s membership rules separately. (Keller Williams judgment; RE/MAX judgment)

What the judgments resolve

The buyers’ claims concern real estate compensation: they allege that a commission-fixing conspiracy increased home prices and reduced buyer-broker service quality. Keller Williams and RE/MAX deny the allegations. (Court-authorized summary notice)

U.S. District Judge LaShonda Hunt, in the Northern District of Illinois, certified the settlement classes, approved the agreements and distribution plans, and dismissed the covered claims with prejudice, meaning those claims cannot be brought again. Certification was for settlement purposes only, and the orders do not establish wrongdoing. (Keller Williams order; RE/MAX order)

The releases cover known and unknown claims arising from the lawsuit’s factual basis. They protect specified affiliates, franchisees, agents and related entities as well as the corporate defendants, subject to the agreements’ definitions and affiliation periods. Settlement-enforcement claims remain outside the releases. A brokerage assessing its protection must check both the parties and the conduct covered. (Keller Williams agreement; RE/MAX agreement)

These judgments do not resolve all commission litigation. Nonsettling defendants remain outside the released-party definitions. RE/MAX expressly remains in the case for Burnett class members’ claims, subject to the Burnett v. Mullis appeal. Keller Williams’ judgment expressly leaves out claims from transactions in which class members only sold homes. (RE/MAX judgment, paragraphs 11 and 19; Keller Williams judgment, paragraphs 19–20)

Which buyers belong to each settlement class?

The starting test is a purchase of residential real estate listed on a multiple listing service, or MLS, during the applicable period. Individuals and entities can qualify. Neither class definition requires using a Keller Williams or RE/MAX agent. An off-MLS purchase does not meet that test. (Class definitions in the final-approval motion)

The purchase period ends April 14, 2026. Its starting date depends on the property’s location: January 25, 2019, in Texas; January 25, 2017, in California; and January 25, 2015, in New York, for example. Check the notice’s complete state-period table when assessing a transaction. (Original notice, pages 1–2)

Membership in a seller-settlement class affects the two buyer settlements differently:

Settlement Treatment of overlapping seller-settlement membership
Keller Williams Membership in its Burnett/Moehrl seller settlement does not itself exclude an otherwise qualifying buyer. An allocation discount applies.
RE/MAX Members of RE/MAX’s Burnett settlement class are excluded from this homebuyer settlement class.

These rules turn on seller-class membership. Whether someone received a seller-settlement check is insufficient to determine eligibility. (Keller Williams allocation plan; RE/MAX judgment)

Consider a hypothetical client who bought an MLS-listed California home in 2018 and belongs to both companies’ seller-settlement classes. Assuming the other requirements are met, the client can participate in Keller Williams’ buyer settlement but is excluded from RE/MAX’s. (Class comparison)

Other exclusions apply. Both judgments exclude the presiding judge, specified court personnel and immediate family, and valid opt-outs. Keller Williams also expressly excludes defendants and their specified related parties. Unusual affiliations require checking the exact definitions. (Keller Williams class definition; RE/MAX class definition)

Class membership does not guarantee payment

An eligible buyer must submit a valid claim and satisfy the administrator’s verification requirements to receive money. A class member who does nothing receives no payment but remains bound by the settlement and its releases when effective. Skipping the form is not an opt-out. (Keller Williams agreement, paragraphs 36–42; RE/MAX agreement, paragraphs 36–41)

The filed claim-form exhibit asks for the purchase date, address, price and commission information, including the buyer-broker commission. It also asks about home sales. Closing or settlement statements can supply the requested information, and the administrator may request additional evidence. The form describes a commission paid in connection with the sale without specifying that the buyer personally paid it.

How the funds become individual payments

Keller Williams agreed to contribute $20 million and RE/MAX $8.5 million, for a combined $28.5 million before deductions. (Court-authorized summary notice)

A separate August 4 order awarded $9.5 million in attorneys’ fees and $4.5 million in litigation expenses, plus specified interest and service awards. It also authorized up to $500,000 from the Keller Williams fund for ongoing litigation. Administration costs and taxes further reduce the net amount available. (Fee order; net-fund definition)

The distribution plans use a calculated “Transaction Amount” to represent potential purchase-related harm. Each accepted claim receives a proportional share of the relevant net fund based on its calculated amount relative to all accepted claims, with provisions for minimum payments determined after review. A commission figure on a closing statement therefore cannot be converted directly into a promised refund. (RE/MAX distribution plan)

Keller Williams applies a 75% litigation-risk discount to calculated amounts for claimants who also belong to its seller settlement. For illustration, a hypothetical $1,000 calculated amount becomes $250 before proportional allocation. That $250 is an allocation input, not a promised check. The discount reflects the risk that the seller settlement already released the buyer claim. (Keller Williams distribution plan, paragraphs 13–17)

What remains before distribution?

The agreements distinguish approval from their Effective Date. Conditions include funding, notice, approval and a judgment becoming final under the contractual definition. Ordinarily, finality means expiration of the 30-day appeal window if no appeal is filed, or completion of the relevant appellate process. As of August 8, four days after judgment, approval alone does not establish that these conditions have been satisfied. (Keller Williams agreement, paragraphs 1(o), 47; RE/MAX agreement, paragraphs 1(o), 46)

The judgments preserve provisions that apply if a settlement is validly terminated or fails to become final. Separately, after the administrator determines authorized payment amounts, class counsel must seek a court order to distribute the net fund. Neither judgment supplies a payment date. (Keller Williams judgment, paragraphs 16 and 29; RE/MAX judgment)

How the August 25 claim deadline applies

Under the original notice, claims must be submitted online by 11:59 p.m. Central Time on August 25, 2026, or mailed with a postmark by August 25. The mailing address is Home Buyer Litigation Claims Administrator, c/o A.B. Data, Ltd., P.O. Box 173065, Milwaukee, WI 53217. The separate objection and exclusion deadline was June 23. (Notice, questions 11, 20 and 24)

The final orders retain August 25. Class counsel may accept late claims at their discretion if distribution is not materially delayed, but that provision offers no guaranteed extension. (Claim-deadline provision)

Before responding to a former client, check the purchase date and state, MLS status and seller-class membership, then help locate transaction records. Direct claim questions to the administrator at 800-329-4562 and questions about individual release rights to class counsel or a lawyer. (Notice contact information)

Frequently asked questions

Does Batton final approval mean payments are being sent?

No. The settlements’ effective-date conditions must be satisfied, and distribution requires claims administration and court authorization. Approval sets no individual payment date. (Settlement agreement)

Can I participate if I belonged to a seller settlement?

An otherwise qualifying buyer can participate in Keller Williams’ settlement despite membership in its seller settlement, subject to the allocation discount. Members of RE/MAX’s Burnett settlement class are excluded from RE/MAX’s buyer settlement. (Class comparison; Keller Williams allocation plan)

What is the August 25, 2026, claim deadline?

Online claims are due by 11:59 p.m. Central Time on August 25. Mailed claims must be postmarked by that date. (Court-authorized summary notice)

What documents should a homebuyer gather?

Gather closing or settlement records showing the property, purchase date, price and commissions. The claim form also requests information about home sales, which helps assess seller-settlement overlap. (Filed claim-form exhibit)

Sources & methodology

  1. Order of Settlement with Keller Williams Realty, LLC and Judgment — ECF 350 — U.S. District Court for the Northern District of Illinois
  2. Order of Settlement with RE/MAX, LLC and Judgment — ECF 351 — U.S. District Court for the Northern District of Illinois
  3. Notice of Proposed Class Action Settlements, Settlement Hearing Thereon and Class Members’ Rights — A.B. Data, Ltd., hosting the court-authorized notice
  4. Legal Notice — Keller Williams and RE/MAX Homebuyer Settlements — A.B. Data, Ltd., hosting the court-authorized summary notice
  5. Distribution Plan for Settlement with Keller Williams Realty, LLC — ECF 276-2 — Plaintiffs’ class counsel, filed in the Northern District of Illinois
  6. Distribution Plan for Settlement with RE/MAX, LLC — ECF 310-5 — Plaintiffs’ class counsel, filed in the Northern District of Illinois
  7. Stipulation and Agreement of Settlement with Keller Williams Realty, LLC — ECF 262-2 — Batton plaintiffs and Keller Williams, filed in the Northern District of Illinois
  8. Stipulation and Agreement of Settlement with RE/MAX, LLC — ECF 310-2 — Settling Batton plaintiffs and RE/MAX, filed in the Northern District of Illinois
  9. Order Awarding Attorneys’ Fees, Payment of Litigation Expenses, and Service Awards to Class Plaintiffs — ECF 352 — U.S. District Court for the Northern District of Illinois
  10. Homebuyer Litigation Claim Form — Exhibit G, ECF 310-8 — Plaintiffs’ class counsel, filed in the Northern District of Illinois
  11. Plaintiffs’ Motion for Final Approval of Class Action Settlements with Keller Williams Realty, LLC and RE/MAX, LLC — ECF 336 — Plaintiffs’ class counsel, filed in the Northern District of Illinois

Written by

The Housing Current Editorial Team

Editorial Team

Reporting, analysis, and practical explainers across housing markets, mortgage finance, real estate business, investing, policy, and homebuilding.

Keep reading

AnalysisSep 30, 20264 min read

Dupuis Zillow Ruling: Claims Can Proceed

The Dupuis Zillow ruling lets CRM tying and mortgage-steering claims proceed. The September 28 order did not establish liability or change contracts.