After five years in litigation, MLS Property Information Network (MLS PIN) announced that it will remove the option to display compensation offers on its Pinergy platform.
The update, shared in an email to members today, is part of a settlement agreement in the Nosalek antitrust lawsuit, which began in 2020.
What’s Changing
In the email, MLS PIN President & CEO Erm Grasso explained that the organization reached a point where “a difficult decision had to be made to put the long-running litigation behind us and move forward.”
The settlement means:
- Fields relating to compensation will be removed from the Pinergy system.
- When posting a listing, agents must check a box confirming they have discussed compensation options with sellers.
- Brokers can still negotiate buyer-side commissions off-platform.
This marks a significant shift from MLS PIN’s previous position in the Nosalek case, where it argued for keeping compensation offers visible.
Even after the National Association of Realtors (NAR) settlement, which required removing compensation from Realtor-affiliated MLSs, MLS PIN maintained that sellers should have the right to include compensation terms on the MLS.
The Legal Journey
In April, U.S. District Court Judge Patti Saris signaled preliminary approval of MLS PIN’s $3.95 million settlement in the Nosalek case but raised key concerns. During hearings, she questioned why MLS PIN insisted on maintaining compensation displays when NAR agreed to remove them, stating it was a “red flag.”
MLS PIN’s legal team argued that preventing sellers from displaying compensation offers would violate their First Amendment rights. Saris noted she had originally sided with the DOJ, until learning that only 25% of sellers had made compensation offers since the MLS made them optional in 2023. Ultimately, the DOJ didn’t present proof that the practice is anticompetitive.
The DOJ called the proposed changes “cosmetic” and claimed they would fail to restore competition in the marketplace.
What Changed MLS PIN’s Position?
According to Grasso’s email,
“Over the course of more than a year of court hearings and discussions with the Department of Justice, it became increasingly clear that our respective views of what is best for consumers were simply not aligned. We explored all possible paths to common ground, but those efforts did not produce an agreement on terms that would allow for the continued display of compensation offers on Pinergy.”
Despite maintaining that transparency ensures “honesty and accurate market results for consumers, agents, and brokers alike,” MLS PIN ultimately conceded on the compensation display issue.
“We may have lost the battle over the optional display of compensation, but we will not waver in our commitment to a more transparent real estate market. Our focus remains on further strengthening the role of organized real estate and ensuring it continues to bring value to consumers and real estate professionals alike.”
What It Means for Agents and Brokers
While compensation offers will no longer appear on MLS PIN listings, the organization emphasized that these offers are still allowed and always negotiable.
A final court hearing is expected later this year. If approved, this move aligns MLS PIN with broader industry trends in commission disclosure.
