The court will consider approving the latest deal in the case, which allows commission sharing in the multiple listing system.
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The judge overseeing an antitrust commission case against a New England-based mega multiple listing service has set a date to consider the latest proposed settlement of the suit: April 1.
That means the U.S. Department of Justice has about two months to weigh in on the latest version of the deal.
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On Jan. 27, Judge Patti B. Saris of the U.S. District Court for the District of Massachusetts held a status conference over video for the case, known as Nosalek after its lead plaintiff, and then scheduled the deal’s preliminary approval hearing, which will also be held over video, for 9:30 a.m. Eastern on April Fool’s Day.
Like federal commission suits Moehrl and Sitzer | Burnett, Nosalek seeks class-action status and alleges that the sharing of commissions between listing and buyer brokers inflates seller costs and is a conspiracy in restraint of trade, a violation of the Sherman Antitrust Act.
Nosalek stands out among the many cases homesellers have filed challenging the practice of listing brokers sharing commissions with buyer brokers for four reasons:
- The National Association of Realtors is not a defendant in the case, but Massachusetts-based MLS Property Information Network (MLS PIN), is;
- MLS PIN, which had 44,600 subscribers in 2023, decided not to opt into the nationwide NAR settlement of similar suits, which means this homeseller commission…