US commission settlements: 39.6m potential class members, Tuccori hearing on 2 Nov

The prospective class in this commission case exceeds 39.6 million people (Real Estate News figure), and 2 November 2026 will be a key date. HousingWire reports that Judge Jenkins has scheduled the final approval hearing, also called the fairness hearing, on the Tuccori homebuyer commission opt-in settlements for that day. Real Estate News said in its 9 October report that the hearing was less than a month away.

The six settlements listed by HousingWire

HousingWire lists the opt-in settlement amounts as follows:

• National Association of REALTORS (NAR): US$52.25 million
• HomeServices of America: US$30 million
• Hanna Holdings: US$8.25 million
• Compass: US$7.33 million
• eXp World Holdings: US$4.34 million
• Douglas Elliman: US$2.04 million

According to HousingWire, the opting-in firms were originally defendants in suits including Batton 1 and 2, Cwynar, Davis and Lutz. The report also says more than US$120 million has been contributed to the Global Settlement Fund. NAR says its US$52.25 million will be paid into the settlement fund over several years.

From preliminary approval to the final approval hearing

The court granted preliminary approval of these settlements in May 2026. A quarterly report (Form 10-Q) filed by AGNT, Inc. with the US Securities and Exchange Commission states that preliminary approval was granted on 26 May, and that the settlement remains subject to final court approval and the appeals process, if any.

HousingWire reports that, in the preliminary approval order, the judge found the terms fair, reasonable and adequate, and said they were negotiated at arm's length, including through mediation overseen by a court-appointed special master. When NAR published its news item on 28 May, it said a final approval hearing remained to be scheduled; the court later set 2 November.

Batton plaintiffs may object in person at the hearing

Real Estate News reported two objections, one from a class member who is not a party to the litigation and another from a Batton plaintiff. Judge Jenkins earlier denied the Batton plaintiffs' bid to intervene in Tuccori, but ruled that they may object in person at the fairness hearing.

That arrangement is itself disputed. HousingWire reported on 31 July that four retired federal judges, Diane Wood, David Coar, G. Patrick Murphy and Nancy Gertner, filed an amicus brief with the Seventh Circuit urging it to reverse the denial of intervention. They argue that objecting at the fairness hearing is poorly suited to testing the settlement's overall structure. NAR filed an amicus brief with the same appeals court on 28 September, saying such challenges should be addressed at the fairness hearing.

Compass and Douglas Elliman filed briefs in the district court on 7 October. Douglas Elliman asks the court to overrule both objections, and both companies deny that the settlements involve a reverse auction.

The reports consulted for this article do not state the deadline or method for ordinary class members to object or opt out, and the buyer claim deadline could not be verified in the sources reviewed. Readers should rely on court documents and the official settlement website.

What happens after 2 November

After the hearing, the court will decide whether to grant final approval. The available sources do not describe the timing of a written order, the appeal window or the payment schedule. AGNT's filing says the settlement remains subject to final court approval and the appeals process, if any. Two related cases have been decided: the Third Circuit affirmed dismissal of Muhammad (which concerned mandatory membership) with prejudice on 7 October, and the Fifth Circuit affirmed dismissal of Eytalis in September.

Analysis: what it means for recruiting teams

According to NAR, if the settlement is finally approved, the release will cover REALTOR members, state and local REALTOR associations, REALTOR and non-REALTOR multiple listing services (MLSs), and brokerages with a REALTOR principal. This applies provided those individuals and entities have not previously settled or been named in similar litigation, and meet specified criteria such as complying with NAR rules.

For teams recruiting real estate agents, whether a brokerage falls within the release may become a practical question candidates ask before joining. The release carries conditions, including no earlier settlement and compliance with NAR rules, so compliance records and membership status are worth explaining clearly in interviews.

The available sources do not discuss changes to commission structures or agent income, so this article makes no predictions on that. When discussing income during recruitment, it is safer to rely on written commission arrangements. After 2 November, the court's written decision will be worth reading closely, and recruiting teams can use it to update how they talk to candidates.

Compiled by the F50 Editorial Team from public sources, for general reference only and not professional advice. Details are correct as of the publication date and may change.