Full Measure After Hours – “UnReal Estate (From the Archives)”

Date: February 5, 2026
Host: Sharyl Attkisson
Featured Guest: Jared Bright (Plaintiff in class action lawsuit against NAR)

Overview of Episode

This episode discusses the aftermath and implications of a groundbreaking class action lawsuit against the National Association of Realtors (NAR) and several major real estate conglomerates—an event that's fundamentally disrupted the U.S. real estate commission system. Sharyl Attkisson and her guest, Jared Bright (a named plaintiff in the case), explore the opaque traditions of real estate commissions, how the lawsuit brought transparency and competition to the industry, and what both buyers and sellers need to know about their rights and opportunities in this new era.

Key Discussion Points & Insights

1. The Traditional System: Commissions and Lack of Transparency

• For decades, most Americans buying or selling a home navigated a system where the seller paid both agents’ (buyer and seller) commissions, typically set at 6% (3% for each agent), rarely challenged or negotiated ([00:00]).
• Buyers and sellers were often unaware that these fees were negotiable.
• Bright points out:

  “I think people would be surprised to know that that rate is negotiable… but I think 99% of homeowners out there… have never had the opportunity to negotiate that.” — Jared Bright [03:23]

2. The Lawsuit: Motivation and Impact

• The class action (commonly called the “NAR lawsuit”) targeted the enforced structure of commissions, lack of competition, and lack of transparency in real estate transactions ([01:35], [01:59]).
• Bright’s personal motivation stemmed from confusion and frustration after paying commission fees, including an incident where he thought he’d received a discount but in reality paid the full 6%, illustrating system-wide lack of clarity ([05:15]).
• The case also exposed potential antitrust issues and conflicts of interest, such as agents on both sides working for the same parent company ([08:57]).

3. Technology’s Disruption of the Status Quo

• The rising role of online platforms (e.g., Zillow) has allowed buyers to do their own legwork, causing many to question why they pay as much for an agent who may be less involved ([04:02], [05:00]).
• “It would be surprising for people to hear that there's a large percentage of buyers who are buying their home based on their search on an app.” — Jared Bright [04:02]

4. Notable Moments from the Lawsuit and Trial

• During trial preparation, Bright learned he had, in fact, paid a full 6% commission instead of the 5.5% “law enforcement discount” he believed he received—a moment of personal revelation and a prime example of the system’s opacity ([11:17]).
• During testimony, Bright admitted, “‘I feel stupid,’ I said that on the stand. And that's when one of the jurors gasped. And I think it was just a realization that could happen to anybody.” — Jared Bright [12:37]

5. Changes After the Lawsuit

• The system now requires clear, upfront paperwork where commission amounts must be specified and agreed upon at the outset, creating real opportunities for negotiation ([16:14]).
• The default 6% (3% + 3%) is no longer the industry “standard.” Services can be unbundled—agents may now offer tiered packages tailored to how much work they do and what the seller or buyer needs ([16:14]-[18:45]).

6. Advice for Consumers in the New System

• Buyers and sellers should actively negotiate agent fees and ask specifically, “What do I get for X percent?” ([19:10])
• Read every contract before signing, rather than simply “DocuSigning” out of habit ([20:08]).
• Consumers should consider alternatives, such as flat-fee MLS listing services.
• “My advice certainly is to have the conversation. My second piece of advice: read it. Read the contract before you sign it and don’t be like me and just docusign a closing statement because you’ll probably miss something.” — Jared Bright [20:08]

Notable Quotes & Memorable Moments

• On Negligence and Responsibility:

  “If I can’t trust my real estate agent to do the paperwork properly, then where’s my negotiation aspect?” — Jared Bright [06:55]

• On Systemic Issues:

  “There isn’t or hasn’t been competition in the past. And a great example would be where your agent works for the same parent company that the buyer’s agent works for. And so are we really being competitive?” — Jared Bright [08:57]

• On the Commission’s Real Impact:

  “At 6% commission. 3 and 3 would be $18,000... So when you’re talking about paying a half percent more than you thought, that can be thousands of dollars.” — Sharyl Attkisson [14:32]

• Reflection on the Verdict:

  “When the verdict was read, we knew right away. It was found in favor of the plaintiff class, and an award amount was read right then.” — Jared Bright [15:51]

• On Services and Value:

  “If we're running a business and saying, okay, if I'll charge 1%, here’s the services. At 2%, here are the services, 3%, here are the services… I think we as consumers have to shop around.” — Jared Bright [16:14]

Important Timestamps

• 00:00 — 01:35: Introduction to the episode and the real estate lawsuit
• 01:35 — 04:01: Bright introduces himself and explains how most Americans misunderstand agent commissions
• 05:00 — 07:37: How home listing technology began to disrupt Realtor value
• 08:57 — 11:13: Ethical issues of transparency, competition, and agent conflicts
• 11:13 — 12:37: Pivotal trial moment—discovering the real commission paid
• 14:28 — 15:40: Calculating the true cost of commissions using typical home values
• 16:14 — 18:45: System changes after the lawsuit—negotiation and tiered services emerge
• 19:10 — 22:50: Practical advice for buyers and sellers in the new landscape

Practical Takeaways

• Always negotiate commission rates with your agent—don't simply accept what's presented.
• Ask for transparency about what specific services you will receive for your fee.
• Consider alternatives such as listing services for a flat fee.
• Diligently read all paperwork before you sign, especially in increasingly digital real estate transactions.

Tone & Final Thoughts

The episode balances consumer empowerment with a critical look at industry norms, highlighting both Bright’s personal journey and systemic issues in real estate. Atkisson’s and Bright’s tone is candid, revealing, and encourages listeners to be more proactive and informed during one of life’s most significant transactions.

For further details and perspectives, viewers are invited to watch the Full Measure TV episode aired on October 19th, or catch up on FullMeasure.News.