Goodbye Buyer Agent Commissions in MLS PIN: DOJ-Backed Lawsuit Forces Major Change for Massachusetts FSBOs

MLS PIN Compensation Certification

TL;DR

  • Effective September 2, 2025, MLS PIN removes all compensation fields from Pinergy (your entry-only listing).
  • You’ve always had full discretion to decide whether—or how much—to offer compensation to buyer’s agents.
  • Going forward, MLS won’t display that information—so all compensation discussions happen outside the MLS, directly with buyers and their agents.

MLS PIN Legal and Regulatory Backdrop

The Nosalek Antitrust Lawsuit

In 2020, home sellers filed a landmark antitrust lawsuit against MLS PIN—known as the Jennifer Nosalek v. MLS Property Information Network case. The plaintiffs alleged that MLS PIN’s rules effectively forced sellers to include blanket, non-negotiable offers of compensation to buyer agents. This structure suppressed price competition and maintained inflated commission norms. (source: Department of Justice)

The U.S. Department of Justice’s Antitrust Division became involved through a Statement of Interest, arguing that pinning compensation on listing brokers or sellers ahead of negotiations was anticompetitive—even calling it “cosmetic” to allow token compensation offers without changing the market dynamics. (source: ReutersRealEstateNews.com)

After back-and-forth negotiation, MLS PIN agreed to stop allowing compensation displays, aligning more closely with broader changes happening in Realtor-affiliated MLSs. (source: BAM – The Key To Thriving in Real Estate HousingWire) This settlement includes a $3.95 million agreement, approved preliminarily by Judge Patti Saris and permitted to move forward with the DOJ’s objections withdrawn. (source: HousingWire)

Why MLS PIN’s Status Matters

Unlike most MLS systems governed by the National Association of Realtors (NAR), MLS PIN is independently owned. That distinction created confusion when NAR-wide changes were announced—because MLS PIN wasn’t obligated to follow them, and their separate litigation made it harder for the public to understand how it applied locally. WikipediaBoston Condos For Sale Ford Realty

What This Means for Massachusetts FSBOs

You Still Choose How (or If) to Compensate

From day one, entry-only MLS has given you control: you choose whether to offer compensation to buyer agents, and how much. That remains unchanged. But moving forward, that choice won’t be visible in the MLS. All negotiations happen outside the system.

No More “Signaling” in MLS

Previously, even if you didn’t state a specific compensation amount, you could at least hint that compensation was available. That subtle “signal” is now gone. If you want to communicate compensation terms, it must be done directly with agent(s) during discussions. The MLS simply won’t broadcast it anymore.

What You Should Do Next

  1. Be proactive and clear. If you want to offer commission to buyer agents, put it in your listing package or contract discussions—don’t assume visibility does the work for you.
  2. Communicate openly. Let buyers’ agents know how you’re handling compensation and ensure clarity in written offers.
  3. Stay informed. This shift marks one of several industry trends—regulatory, legal, and business-related—that reinforce FSBOs’ need to take the lead on marketing, negotiation, and agent outreach.

Summary

This change isn’t a technical glitch—it’s a legal fix with industry implications. As of September 2, 2025, MLS PIN will no longer show any compensation offers on Pinergy. You still control your compensation choices, but the MLS simply won’t display them. Everything now happens in the negotiation room—not on the listing sheet.

You’re empowered, you’re resourceful—and with these changes, your savvy is more important than ever.

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