Editor’s note: The COURT REPORT is RISMedia’s weekly look at current and upcoming lawsuits, investigations and other legal developments around real estate.
Tuccori settlement on hold after judge request
The approval of 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 has been put on hold by a judge following a request for more information.
The settlements in the Tuccori v. At World Properties commission lawsuit were preliminarily approved back in May, but final approval has been put on hold as Judge Lindsay C. Jenkins has put in a request for additional information on five topics.
Firstly, Jenkins asked for clarification on a concern that was previously raised at a hearing: The valuation of claims filed, namely that “resolving 1/8 of all claims for 1/8 of what you paid to resolve the other 7/8 of all claims does not imply you valued the 1/8 and 7/8 equally on a per claim basis.”
Other requests include how each settler’s “ability to pay and transaction volume influenced their proposed settlement,” further information for the court to be able to arrive at the “net expected value of continued litigation,” benchmarks for “substantive adequacy from other indirect purchaser class actions,” and lastly, an estimation of per claimant and per class member recovery.
The National Association of Realtors®, one of the settlers in the case, said in a statement that it “continues to believe the Tuccori settlement is fair, reasonable, and in the best interests of the class.”
“The settlement offers meaningful protections across the industry, providing a broad release for REALTOR® members, REALTOR® associations, MLSs, and those brokerages that meet the settlement’s eligibility requirements,” the statement read. “NAR remains committed to fostering fair, transparent, and pro-consumer real estate markets while providing resources and value to our REALTOR® members nationwide.”
NAR added that the judge’s request is “a routine part of the class action settlement approval process, consistent with the judge’s role in evaluating the fairness of the settlement.”
“NAR is committed to abiding by the judge’s request to provide the Court with information in a timely and efficient manner, including working with the other parties, to demonstrate the settlement is fair and reasonable,” the statement concluded.
Briefs on the topics are due by Dec. 14, after which time the court will say if it needs further responses.
Fair housing lawsuit against Bank of America dismissed
A racial-discrimination lawsuit filed against Bank of America and a Virginia-based appraiser has been dismissed.
The suit was filed by Darchelle Braxton, a Black woman who last summer attempted to secure a loan for home improvements on an investment property. She claimed in her filing that an initial appraisal ordered by Bank of America valued her property at $135,000, but a subsequent second appraisal valued it more than 50% higher, at $208,000.
The appraiser—Velox Valuations—filed a motion to dismiss, refuting Braxton’s claims that it provided a “shockingly low” valuation on her property due to alleged “material errors, omissions, and inconsistencies,” which stemmed from racial bias. Such errors included allegedly using an incorrect map reference, using an incorrect neighborhood valuation, only using two comparable properties, inconsistent descriptions of the property’s condition, and more.
The suit was dismissed with prejudice, meaning it cannot be refiled.
Zillow claims it is done with lawsuits
With the many legal battles the portal has faced as of late, Zillow CEO Jeremy Wacksman said lawsuits are “not impacting our business” during its Q3 2026 earnings call.
CFO and COO Jeremy Hofmann added that legal costs are “normalized” going forward as the company hunkers down for what is expected to be a tough environment for real estate.
“It’s not obvious to us how things are necessarily going to improve,” Hofmann said.
The portal is currently still facing a proposed class-action lawsuit from a real estate agent who claims Zillow’s “monopoly power” inflates fees and commissions. A judge ruled in September that the lawsuit could move forward.
