Settlement in the works in buy-side commissions case 

Over the past year, NAR and many of the largest brokerage companies have reached settlements in cases filed by home sellers: Sitzer/Burnett in Missouri; Moehrl, which is national in scope; and dozens of copycat cases filed since October 2023.

Meanwhile, cases brought by homebuyers, including Batton 1 and 2, have been working their way through the courts. This week, however, a smaller lawsuit involving buyers appears to be moving closer to a settlement. 

Which case is involved: The Tuccori case, which names only At World Properties as a defendant, was brought by a buyer who purchased a home in Illinois in 2018. Like the other commissions cases, the Tuccori suit alleges a conspiracy that resulted in consumers paying inflated commission fees.

The case was originally filed in the Cook County Illinois Circuit Court in December 2023 before moving over to the U.S. District Court for the Northern District of Illinois in January. The plaintiff was seeking class action status to include anyone who, since March 2000, purchased a home listed on an NAR-affiliated MLS and used an At World buyer or seller agent.

What's new: In a status report filed on Aug. 5, homebuyer James Tuccori and At World Properties — the parent company of @properties Christie's International Real Estate — said they are still working cooperatively to finalize a tentative agreement they reached in June.

The next status report is scheduled for Oct. 5 if an agreement has not been reached by then.

Why it matters: Tuccori differs from the landmark Sitzer/Burnett case in that it was filed by a homebuyer rather than a seller, so it is not covered by any of the sell-side settlements reached thus far.

If a settlement is finalized, it would be the first one involving a buyer.

At World was also named as a defendant in Umpa, a lawsuit brought by sellers in December and later consolidated with Gibson, but the brokerage company agreed to settle that case in April.