A proposed lawsuit settlement could see the biggest multiple listings service in Massachusetts allow sellers' agents to post commission offers in listings. iStock illustration
The broker-owner of one of New England’s largest realty firms says President Donald Trump needs to intervene to break a deadlock over a proposed legal settlement that would allow MLS PIN to keep posting agent commission offers on its platform.
In 2023, MLS PIN, which provides for-sale property listings for most of Massachusetts alongside Realtor-owned MLSs in the Berkshires and on the Cape and Islands, and plaintiffs Jennifer Nosalek, Randy Hirschorn and Tracy Hirschorn reached an agreement that would end a long-standing dispute over how, where and when agents can list commission terms when selling homes.
But a year ago the Department of Justice, under then-President Joe Biden, objected to the settlement, saying it would keep in place a compensation system that, it claimed, unfairly favors real estate agents over consumers.
MLS PIN Case in Limbo
The MLS PIN-Nosalek case – which is separate from a commission-related lawsuit that the National Association of Realtors settled last year – has been in sort of limbo ever since the DOJ raised its concerns. U.S. Judge Patti Siris in Boston is holding off a final decision on the proposed settlement till April, according to sources.
Unlike many MLS services around the country, MLS PIN is not owned by a Realtor association, but many of its shareholders are prominent brokers.
In an interview, Anthony Lamacchia, the owner-broker of Lamacchia Realty and a shareholder himself in MLS PIN, said Trump should intervene in the case, effectively ordering DOJ to agree to the MLS PIN-Nosalek settlement.
“The MLS case is dragging on and on,” said Lamacchia, whose Waltham-based firm has hundreds of agents spread across New England, mostly in Massachusetts.
“I would love it if President Trump shakes out the people in DOJ that continue to go after our business. Whether or not that happens, I don’t know. We shall see.”
Lamacchia added: “There are people at the DOJ that have it out for the real estate industry and for Realtors.”
A spokesperson for the DOJ could not be reached for comment. A spokesperson for MLS PIN decline to comment, citing the ongoing legal proceedings.
If the MLS PIN-Nosalek settlement is ultimately approved, it would establish contradictory rules regarding the posting of commission terms on various multiple listing services.
Under the separate NAR settlement deal reached last year, member offers of broker compensation on MLS platforms are prohibited. That provision went into effect last summer.
But under the pending MLS PIN-Nosalek agreement, commission terms could still be posted on its platform.
Deal Would Create Parallel System
Industry figures and experts interviewed for this story say the nationwide NAR deal applies to the vast majority of brokers and agents across the county, including those in New England.
But the MLS PIN-Nosalek deal, if approved, could create a sort of parallel posting system that could lead to confusion moving forward.
Stephen Brobeck, a senior fellow at the Consumer Policy Center, said approval of the MLS PIN-Nosalek agreement would be “unfortunate.”
“It will just lead to more controversy and confusion,” said Brobeck, also a senior fellow at the Consumer Federation of America, which has supported DOJ’s contention that the settlement deal favors agents.
Anthony Panebiaco, a real estate attorney at Davis Malm in Boston, said the MLS PIN-Nosalek agreement, if approved, probably won’t lead to as much confusion as some critics say. He noted that the vast majority of brokerages are committed to abiding by the new NAR-MLS rules.
But he did say there’s lingering confusion over the specific reasons why DOJ objected to the proposed MLS PIN-Nosalek deal.
“The DOJ hasn’t been as clear as many want,” he said. “That’s been the frustrating part for all parties. Without that clarity, it [the case] is kind of at a standstill.”
Well-Known Critic of Commission Suits
Lamacchia, a well-known critic of those who accuse the real estate industry of being anti-competitive on compensation issues, said his firm is committed to abiding by the NAR agreement that prohibits commission offers on multiple listing services.
“We decided to just teach our Realtors all at once on the new [NAR compensation rules],” he said.
But he maintained he still likes the old system of posting compensation terms on MLS platforms, saying it led to more transparency.
“Before the national [NAR] settlement was finalized, I don’t like the idea of the compensation not being allowed in the MLS,” he said.
He acknowledged allowing MLS PIN to post commission details could “create some confusion” but expressed optimism any confusion can be surmounted.
Before his interview with the Warren Group, Lamacchia posted a YouTube video in which he harshly criticized the DOJ’s objections to the proposed MLS PIN-Nosalek settlement.
“They [MLS PIN] are still fighting and still arguing” for approval of the settlement, he said in his YouTube video. “But the bogeyman, the Department of Justice, keep sticking their nose in the case, saying ‘We don’t like it.’”
He expressed hope that Trump would step in to keep regulators “in check.”
“The Department of Justice has gone way too far,” he said. “They’ve demonized real estate. They’ve demonized Realtors.”
Of the new Trump administration, he said: “I can only hope that they are more business-friendly and have a better understanding of how the real world works.”
