HomeServices makes bid to join buyer commissions case
The brokerage giant and its subsidiaries have opted into Tuccori to resolve antitrust claims brought by homebuyers. The settlement amount was not disclosed.
HomeServices of America and subsidiaries HSF Affiliates and BHH Affiliates are the latest to opt into a commissions settlement reached in the homebuyer-initiated lawsuit known as Tuccori.
Another opt-in deal: The three defendants announced their decision to opt into the Tuccori settlement in an April 20 filing with the U.S. District Court for the Southern District of Florida. The U.S. District Court for the Northern District of Illinois is currently overseeing the Tuccori case, which an Illinois homebuyer first filed in late 2023.
This makes the HomeServices defendants the last of those named in the Sitzer/Burnett case — which, though similar to Tuccori, was brought instead by homesellers — "to settle the buyer-side claims beyond those that were released in the Burnett settlement," the filing noted.
Terms of the opt-in deal were not disclosed.
What the original case was about: Homebuyer James Lutz filed a class-action lawsuit against HomeServices in April 2024. Lutz, who brought the case after purchasing a home in Key Colony, Florida, claimed that agent commission practices violate antitrust laws, lead to higher home prices and mislead buyers. Nearly three dozen other plaintiffs were later added.
A judge set an August 2026 trial date last fall, though efforts have been underway in recent months to resolve the litigation in other ways.
Three days before the Tuccori deal was announced, the judge in the Lutz case had ruled on HomeServices' earlier motion to dismiss, agreeing to toss a few specific claims but denying the request to dismiss the case in its entirety.
A rush of opt-ins: Several parties named in other cases have chosen to join the Tuccori settlement over the past few months.
Realty One Group and The Agency were the latest to do so, announcing undisclosed deals in Tuccori in mid-April.
The National Association of Realtors and Douglas Elliman both opted into Tuccori less than a week earlier, with NAR agreeing to pay $52.25 million. Over a dozen other firms — including The Real Brokerage, Anywhere Real Estate, The Keyes Company and Illustrated Properties, Vanguard Properties, and Hanna Holdings — have also joined.
However, the trend hasn't been without its challenges. Plaintiffs in Lutz and similar cases have moved to block opt-in deals, with some alleging the defendants joining Tuccori are trying to "end-run" other pending litigation.
Despite the pushback, most opt-in deals have been permitted to move forward.
What happens next: The Tuccori plaintiffs will move to seek preliminary approval of the HomeServices' settlement, according to the filing.