A federal judge in Chicago has granted preliminary approval to settlement agreements with more than 20 real estate companies in a major antitrust lawsuit filed by recent homebuyers challenging commission practices in the residential real estate market. 

On May 26, U.S. District Judge Lindsay C. Jenkins approved opt-in agreements in the case Tuccori v. At World Properties, consolidating seven related class-action lawsuits filed against the National Association of Realtors® (NAR) and major brokerage firms.

The settlement includes opt-in agreements from prominent real estate companies, including: HomeSmart International; Fathom Realty; eXp World Holdings; Compass; Anywhere Real Estate; Realty ONE Group; Douglas Elliman; HomeServices of America and NAR.

The settlement addresses claims from homebuyers and homesellers who purchased residential real estate listed on MLSs between specified class periods. The litigation centers on antitrust allegations regarding commission-setting practices and MLS rules.

Antitrust lawsuits by buyers were first filed about 18 months after the initial seller class-actions (Moehrl and Burnett-Sitzer). The original suit, first known as Leeder and then as Batton, expanded after the Burnett verdict in 2023, with copycats like Tuccori filed shortly afterward. Plaintiffs in Batton alleged additional billions of dollars in damages and sought to certify a class covering around 30 states, based on the specific antitrust laws in those jurisdictions.

According to Judge Jenkins’ order, the opt-in settlements will compensate homebuyers “at almost the same rate as the claims previously resolved by the Burnett, Gibson, Keel and Hooper settlements.”

Perhaps notably, the filing specifically names Batton plaintiff Aaron Bolton and invites him to object, noting that he, at various times, moved to intervene in this action: “The Court specifically invites Mr. Bolton, as a Settlement Class Member, to object to any aspect of any Opt-In Agreements so that this Court can consider the merits of his objection before issuing a decision on final approval.”

In February, Batton plaintiffs sought to intervene in the Tuccori case, arguing that Anywhere’s sub $10.78 million opt-in settlement would “extinguish five years of homebuyer antitrust litigation for a fraction of its value.” 

The preliminary approval is not final. A final fairness hearing is scheduled, where the court will determine whether the settlements are “fair, reasonable and adequate.”

Discovery and other proceedings remain pending until the final approval of the settlements.

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