Editor’s note: The COURT REPORT is RISMedia’s weekly look at current and upcoming lawsuits, investigations and other legal developments around real estate.
MLS PIN judge pushes forward with DOJ-stalled case
Judge Patti B. Saris, presiding over the Nosalek v. MLS PIN lawsuit in Boston, said on January 27 that she is ready to move forward with the case, scheduling a preliminary hearing for April 4.
Saris expressed her frustrations with the Department of Justice (DOJ), calling the current deadline “the slowest moving situation” as the settlement has been pending since the summer of 2023. In September of that year, she granted preliminary approval over the settlement, but the DOJ filed an amicus brief over concerns it had with the proposed settlement agreement.
DOJ attorney Chris Bower promised to provide responses to the latest proposal for the settlement, which differs significantly from the National Association of REALTORS®’ (NAR) deal struck back in March.
Saris also pointed to the fact that there is a new presidential administration in Washington, when discussing whether the DOJ would be able to expedite their responses to the latest filings.
“There is something happening in Washington, you may have read about it, I don’t know whether they would be able to—I want to be respectful to whatever is going on in the DOJ,” she said.
Largest buyer case faces key hurdle
According to court filings last week, Judge LaShonda Hunt will hear arguments from both plaintiffs and defendants in the largest and oldest commission lawsuit filed by homebuyers—who are largely excluded from the settlement agreements that ended seller lawsuits over the past year, and decide whether to allow a major expansion of the case.
Plaintiffs in the case, known as Batton, are seeking to add several new state-level claims and bring in new class representatives. Defendants have argued that allowing this after many years of litigation would reset the case “back to square one.”
According to another court filing, defendants in the case—including NAR, RE/MAX and Anywhere—have already turned over documents related to the Burnett lawsuit, but are still negotiating over deposition transcripts and other materials.
Batton had originally been tentatively scheduled for a trial in late 2026 or 2027, but defendants have said plaintiffs’ new claims could substantially push that back.
California charges agent with price-gouging after fires
California Attorney General Rob Bonta announced last week that charges have been filed against a real estate agent who allegedly attempted to price gouge a family who was evacuated due to the LA fires. The investigation was a result of complaints received by the California Department of Justice (DOJ).
According to a release, the investigation found that after being evacuated in the Eaton fire, the family began searching for rentals through their real estate agent and inquired about renting a Glendale home. The defendant, another Southern California real estate agent, offered the family a new price that exceeded the listing price by more than 50%, which is in excess of the 10% limit set by the state of emergency anti-price gouging laws.
“In the face of natural disaster, we should be coming together to help our neighbors, not attempting to profit off of their pain,” said Attorney General Bonta.
The charges are the second filed against an agent in the wake of the fires for alleged price-gouging.
NAR settlement gets final judgment
In what was essentially a formality, Judge Stephen R. Bough entered final judgment for the NAR settlement last week, including opt-ins and those automatically covered.
While Bough previously approved the deal at a hearing back in November 2024, the final judgment offers some procedural finality to the long saga of the Burnett lawsuit.
Notably, Bough “retains continuing and exclusive jurisdiction over the parties and the Released Parties to the Settlement,” something NAR lobbied for at the hearing, claiming that mixed interpretations or disputes over the deal with the DOJ could put it in untenable legal positions.
