MLS PIN deal approved after long-fought battle with DOJ 

After five years of litigation, a judge has given preliminary approval to the settlement between MLS PIN and Massachusetts home sellers.

Judge Patti Saris signed off on the fourth amended settlement agreement on Tuesday, June 10, moving the 2020 case closer to finalization. 

Objections, pauses and revisions: Known as the Nosalek case, the lawsuit was similar to the other prominent commissions cases filed in Missouri, including Sitzer/Burnett and Gibson. But it had a more difficult path to approval.

While the initial settlement was reached in June 2023, the case experienced its first hiccup after Judge Saris questioned the monetary terms, resulting in an amended agreement filed two months later.

A bigger obstacle, however, was the U.S. Department of Justice, which became involved in the case early on and expressed concerns leading to much back-and-forth between the defendants and the federal agency — and several additional delays.

Concessions from MLS PIN: Nearly two years later, the parties filed a fourth amended settlement on May 29 with two key changes that satisfied the judge and the DOJ.

MLS PIN agreed to remove offers of compensation from its platform — something it previously fought to keep —  and limited eligible class members to only sellers of residential real estate. The monetary award remains at $3.95 million, with the plaintiffs noting that MLS PIN would have paid the same amount if it had opted into the NAR agreement.

DOJ steps back, for now: Prior to the preliminary hearing, the DOJ filed documents saying it no longer objected to the settlement but noted that it retains all rights to bring a separate enforcement action.

The plaintiffs in the case previously reached settlement agreements with the brokerage defendants: RE/MAX, Anywhere, HomeServices of America and Keller Williams.

A hearing to grant final approval for the MLS PIN settlement is scheduled for 2:30 p.m. EST on Sept. 29.