NAR settles Tuccori homebuyer commission case for $52.25M

The National Association of Realtors (NAR) agreed to a proposed settlement that would resolve nationwide homebuyer commission lawsuit claims in the Tuccori homebuyer lawsuit.

The agreement, announced Friday and subject to court approval, is structured as an opt-in component of the Tuccori master settlement. The opt-in window for the Tuccori master settlement closes next week. NAR was not a defendant in the Tuccori lawsuit.

NAR said it will contribute $52.25 million to a settlement fund over multiple years. The deal requires continued compliance with the business practice changes NAR agreed to in its settlement of the home seller commission lawsuit claims in the Sitzer/Burnett lawsuit. It does not impose additional business practice changes beyond those already in place, the trade group said.

NAR also said it will seek a stay in the Batton homebuyer commission case, in which it is a defendant, because its Tuccori settlement is intended to release the claims asserted in Batton.

According to NAR, its settlement in Tuccori protects state and local Realtor associations, regardless of whether they operate multiple listing services (MLSs). It also covers Realtor-owned MLSs, non-Realtor-owned MLSs and real estate brokerages with a Realtor as principal that have not previously settled or been named in similar litigation. These parties must meet specified eligibility criteria, including compliance with NAR rules and policies and not asserting claims contrary to the settlement.

NAR characterized the Tuccori deal as providing a broader level of protection and release than any of its prior settlements. By resolving these homebuyer claims through a single, nationwide structure, the trade group aims to reduce uncertainty and potential financial exposure for associations, MLSs and brokerages that opt in.

“In NAR’s 2026-2028 Strategic Plan, we committed to the industry that we would protect and advance the legal interest of Realtors. This settlement is a part of our efforts to fulfill that commitment and will promote a more resilient industry,” NAR CEO Nykia Wright said in a statement.

“This outcome, which provides a broader level of protection and release for the industry than has been secured in any previous NAR settlement, is a result of NAR’s new legal team’s diligent approach to addressing legal risk and reinforces our commitment to delivering greater value and stability for our members, so they can remain focused on their clients and getting to their next transaction.”

General counsel Jon Waclawski framed the agreement as part of the trade group’s more “deliberate and strategic” legal posture under its Strategic Plan.

“We sought this settlement to secure meaningful protections for our members and the industry. We moved decisively to resolve these claims in a way that avoids significant potential liability and positions NAR more effectively going forward, ensuring our members can continue unlocking the American Dream for generations to come,” Waclawski said.

NAR said the agreement is the latest in a series of favorable legal outcomes under its revamped legal leadership. These include the dismissal of multiple antitrust cases in the past nine months, most recently including the Hardy and DeYoung lawsuits.

Plaintiffs in the Batton suit have been pushing back against defendants opting to settle these homebuyer commission lawsuit claims with the Tuccori plaintiffs.

In March, the Batton plaintiffs filed a motion for a preliminary injunction seeking to prevent Hanna Holdings from proceeding with its proposed settlement in the Tuccori lawsuit. This came after the Batton plaintiffs filed a motion to intervene in the Tuccori lawsuit and a motion for a preliminary injunction seeking to block Anywhere Real Estate from obtaining preliminary approval for the settlement the firm negotiated in the Tuccori suit via the opt-in mechanism. 

These motions were denied, but the Batton plaintiffs have also sought to appoint the Tuccori plaintiffs’ attorneys as interim co-lead counsel in the Batton lawsuit. 

It remains to be seen if the Batton plaintiffs will also pushback against NAR’s choice to opt-in to the Tuccori settlement, which comes a little over two years after NAR announced its settlement in the Sitzer/Burnett lawsuit.

This article was written by Brooklee Han and generated with the assistance of HousingWire Automation. It was reviewed by a HousingWire editor before publication. The system helps convert company announcements and industry data into HousingWire-style news coverage.