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Massachusetts MLS has dodged a bullet, with a judge signaling preliminary approval of its $3.95 million settlement in a long-running commissions case. The decision allows the MLS to continue displaying offers of compensation, unlike the National Association of Realtors' agreement which required removal of such offers from Realtor-owned multiple listing services.

    Judge Patti Saris expressed concern over the difference between the two settlements, questioning why NAR agreed to remove offers of compensation while the Massachusetts MLS did not. The MLS's attorneys argued that prohibiting sellers from offering terms they want on a private platform is the real antitrust issue.

    A key factor in the judge's decision was the revelation that only 25% of sellers had made offers of compensation since last summer, when the MLS made such offers optional. This number surprised Saris, who initially leaned towards the government's position that blanket upfront offers of compensation are bad for competition.

    The U.S. Department of Justice had opposed the settlement, arguing it was insufficient to cover the expanded class and would keep commission fees inflated. However, the judge rejected the proposed expansion of the class to include non-residential transactions, deeming them a "different beast."

    With the updated settlement expected in the coming weeks, Saris plans to set a final hearing for August or September. She's eager to wrap up the case, which was originally filed against MLS PIN and multiple brokerages in 2020. The plaintiffs have already reached an agreement with the brokerage defendants.