On February 15^th, the US Department of Justice filed its anticipated Statement of Interest in the Nosalek vs. MLS PIN class action antitrust lawsuit.

The DOJ urged the judge not to approve the proposed settlement between MLS PIN and the plaintiffs because the DOJ believes that it will not do enough to protect consumers from paying artificially high commissions.  The settlement would eliminate offers of compensation from listing brokers to cooperating brokers and replaced them with offers of compensation from sellers to cooperating brokers.  DOJ specifically stated that buyers should pay their own buyer representatives.

DOJ recommended the judge apply injunctive relief to prohibit MLS PIN from allowing offers of compensation from listing brokers or sellers in MLS.   The National Association of REALTORS was not named in this lawsuit.

What happens next?

Judge Patti Saris has postponed or “stayed” the lawsuit against MLS PIN until the United States Multidistrict Litigation Panel decides whether the lawsuit should be consolidated with some of the other antitrust lawsuits.

As a reminder, a different federal district court determined that the DOJ could not reopen investigations against the National Association of REALTORS without violating a settlement agreement that it made with NAR several years ago.  The ruling was appealed.  The appellate court has not yet ruled on whether DOJ can reopen its investigations.

In the meantime, listing brokers can continue to make offers while MLS plans strategically for the future.

The National Association of REALTORS is expected to provide its own update next week.