Opt-in deals totaling $106M approved in Tuccori
11 settlements in the homebuyer commissions case were preliminarily approved Tuesday, including deals with NAR, HomeServices, Hanna Holdings, Compass and eXp.
A judge has granted preliminary approval to multiple settlements negotiated with homebuyers in a case known as Tuccori.
In a May 26 order, U.S. District Court Judge Lindsay C. Jenkins OK'ed nearly a dozen opt-in deals — including those reached by NAR, Compass, eXp World Holdings and Hanna Holdings — despite objections from plaintiffs in related cases.
The final approval hearing has not yet been scheduled.
The original lawsuits: Many of the defendants who settled in Tuccori weren't actually named in that case, but they faced similar complaints from other homebuyers alleging NAR and real estate brokerages conspired to inflate commission fees, resulting in higher home prices.
Several of the settlements preliminarily approved this week were reached by defendants in the Batton 1 and 2 homebuyer cases: NAR, HomeServices of America, Compass, eXp and United Real Estate. A settlement reached by Anywhere — also a Batton defendant — was preliminarily approved on March 4.
Other settling defendants were originally named in the case known as Cwynar, filed in July 2025, including The Real Brokerage, Realty ONE Group, The Agency and Vanguard Properties. Plaintiff Kevin Cwynar joined the Tuccori plaintiffs in January when Real opted in.
Real's settlement, along with deals reached by Vanguard and The Keyes Company/Illustrated Properties, was also approved on March 4.
Two brokerages — HomeServices of America and Douglas Elliman — faced homebuyer litigation in the Lutz case, filed two years ago, and Hanna Holdings was named in the Davis case, brought by a North Carolina buyer in May 2024.
Other settling firms were added to the Tuccori case last October when a number of smaller lawsuits were consolidated, including HomeSmart and Fathom, which both initially opposed the consolidation.
What the judge had to say: In preliminarily approving the settlements, Jenkins said the court considered the terms and amounts of the opt-in deals to be "fair, reasonable and adequate," and believed they "were negotiated at arm's length by experienced counsel acting in good faith."
As evidence of the "reasonableness," the judge noted that the opt-in defendants in Tuccori were paying more, percentage-wise, to resolve a much smaller pool of remaining homebuyer claims compared to those already covered by homeseller commission settlements. "Therefore, the Opt-In Agreements compensate indirect purchaser claims at almost the same rate as the claims previously resolved by the Burnett, Gibson, Keel, and Hooper settlements," she wrote.
Judge Jenkins' statements may have been a proactive attempt to prevent further objections from plaintiffs in other cases — specifically Batton and Davis — who have filed multiple motions to block the opt-in deals, characterizing them as "reverse auctions," or attempts by the defendants to shop around for the lowest settlement. So far, the Batton plaintiffs' preliminary injunction requests have all been struck down, but one is awaiting a ruling from an appeals court.
What the plaintiffs had to say: In a court filing earlier this month, the Tuccori plaintiffs noted that "26 Settling Parties have collectively agreed to contribute a total of $120,334,500 to the Global Settlement Fund. By any measure, this is an exceptional result for the Settlement Class."
Those parties consist of 10 defendants who settled in Tuccori last October and 16 who later opted in, the filing noted, including roughly $106 million in opt-in settlements that had not been previously approved.
Settlement amounts: Many of the proposed settlements have been disclosed, including:
National Association of Realtors: $52.25 million
HomeServices of America/BHH Affiliates/HSF Affiliates: $30 million
Anywhere, The Keyes Company/Illustrated Properties, Vanguard Properties: $10.8 million (combined; includes $750,000 from The Real Brokerage)
Hanna Holdings: $8.25 million
Compass: $7.33 million
eXp World Holdings: $4.34 million
Douglas Elliman: $2.04 million
The Real Brokerage: $750,000
HomeSmart International: $600,000
Realty ONE Group Inc./Realty ONE Group Excel: $500,000
United Real Estate: $487,500
The Agency: $300,000
Fathom Realty: $250,000