T
he Nosalek lawsuit parties, including MLS PIN and the plaintiffs, have pushed back against the Department of Justice's recent claims in a Massachusetts commissions case. The DOJ had argued that the settlement agreement "maintains the status quo," but the parties dispute this, citing significant changes made to MLS PIN's system since the deal was reached nearly two years ago. In July 2024, MLS PIN gave sellers the option to forgo offering compensation to buyer brokers, and around 75% of sellers have chosen not to do so.
The plaintiffs also argued that the monetary compensation of $3.95 million is adequate, as it aligns with what MLS PIN would have paid according to NAR's settlement opt-in formula. The DOJ had previously argued that this amount was too low. In a separate filing, MLS PIN criticized the DOJ's position, stating that their argument is "unmoored from the legal standards governing this antitrust dispute."
In another development, plaintiff attorneys in Missouri filed a motion seeking fees totaling one-third of the $11.5 million recovered from defendants in the Keel case and the $8.6 million from recent Gibson settlements. They also requested reimbursement for new expenses amounting to $17.2 million. This request is consistent with previous commissions settlements approved by Judge Stephen Bough. The total settlement fund now stands at nearly $1.04 billion.
