HomeServices opts into Tuccori settlement as Batton discovery is stayed

Despite claims that the National Association of Realtors (NAR) conducted a “reverse-auction” by opting into the Tuccori homebuyer commission lawsuit settlement agreement, the trade association has been granted a partial stay in the Batton suit, in which it is a defendant. 

At a hearing last Thursday, Chicago-based federal court Judge LaShonda Hunt ruled that all discovery in the Batton lawsuit is temporarily stayed. This came after the Batton plaintiffs pushed back against NAR’s motion to stay the suit pending the final approval of its settlement in the Tuccori lawsuit.

The Batton plaintiffs claimed that NAR was asking the court to “compel” them “to stand aside while it proceeds with its reverse-auction Tuccori settlement that, if approved, will extinguish a significant portion [but not all] of Plaintiffs’ claims against NAR in this case.”

The judge also denied the Batton plaintiffs motion to appoint the Tuccori plaintiffs’ attorneys as interim co-lead counsel in the Batton lawsuit. 

These legal losses come after the Batton plaintiffs had their motions to prevent Hanna Holdings and Anywhere Real Estate from proceeding with their Tuccori opt-in settlements denied. 

All parties must file a joint status update on June 2, 2026, and Judge Hunt said the update should include an update on the Tuccori lawsuit and settlements and any relevant appeals.

NAR did not immediately return HousingWire’s request for comment on Judge Hunt’s ruling. 

With the Tuccori opt-in settlement appearing to proceed toward its fairness hearing, HomeServices of America has decided to join the list of firms opting into the agreement. The firm notified the court in the Lutz homebuyer commission lawsuit, in which HomeServices of America is a defendant, of this decision on Monday. 

In a statement, the company said that the settlement does not “include any admission of wrongdoing.” 

“While we strongly disagree with the allegations in these cases, this step allows us to bring clarity and stability to our companies, agents and franchisees,” the company statement reads. “Our focus remains on supporting our agents and delivering value to the consumers and communities we serve. We made the decision to resolve these matters after careful consideration of the time, cost and uncertainty associated with prolonged litigation. While we believe the claims lack merit, this resolution allows us to move forward without distraction and provides a comprehensive path to concluding these matters on behalf of our companies, agents, and parent entities. It enables us to remain focused on what we do best — serving our clients and supporting our agents.”

A preliminary approval hearing date regarding the settlement has not yet been set.