MLSPIN launches new compensation fields on Thursday

Unclear impact on existing listings and syndication

MLSPIN will delete the required existing “agency to agency” compensation fields and replace those fields with completely optional “seller to buyer broker” compensation fields on Thursday.

MSLPIN is a defendant in the now stayed antitrust lawsuit Nosalek vs. MLSPIN case, pending the outcome of the Sitzer bombshell commission lawsuit that the National Association of Realtors lost in October of last year.

The rule change does not indicate how active “for sale” listings might be impacted by the change. For instance, if a broker takes no action on Thursday, will the data previously entered simply be transferred to the new listing fields or will each active listing need to be manually updated?

Several other MLS systems have taken a seller concession approach, most notably CRMLS. Even though a Department of Justice attorney told Judge Patti Saris this spring that it was the opinion of DOJ that “offers of compensation should not be made anywhere, but certainly not on the MLS.”

Additionally, since most listing agreements only carry language reflecting agency to agency compensation, if a seller now elects to offer direct buyer broker compensation, will listing agreements need to be amended to reflect the change? Importantly, off-MLS agency to agency compensation remains allowable under the NAR settlement of the Sitzer case.

Lastly, will the new seller paid buyer broker compensation fields be syndicated to partner sites such as Zillow and Realtor.com?

We’ve contacted MLSPIN seeking clarification.