T
he Department of Justice (DOJ) has withdrawn its objections to a long-running commissions case, paving the way for settlement approval. The case, known as Nosalek, involves Massachusetts home sellers and MLS PIN, which is now the only remaining defendant. After multiple delays and court filings, including a supplemental statement from the DOJ in March, MLS PIN agreed to pay $3.95 million instead of its initial offer of $3 million. However, it still sought to display offers of compensation on its platform.

    A key change was made to the settlement terms after U.S. District Court Judge Patti Saris expressed concerns about the inconsistency between NAR's settlement and MLS PIN's agreement. The fourth amended settlement agreement, filed on May 29, removes the option for sellers to display offers of compensation on the platform. This change aligns with the Sitzer/Burnett settlement.

    The settlement class is now limited to residential real estate sellers, excluding commercial properties and mobile homes. The monetary award remains at $3.95 million. MLS PIN would have paid the same amount if it had opted into NAR's settlement agreement. The DOJ has indicated that it will no longer object to the proposed settlement on class action grounds, but may still bring a separate enforcement action.

    A preliminary approval hearing is scheduled for June 10. The plaintiffs previously reached settlement agreements with brokerage defendants RE/MAX, Anywhere, HomeServices of America, and Keller Williams.