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Sitzer, Burnett and Gibson plaintiffs seek MLS data handover rule
Plaintiffs want Judge Stephen Bough to require notice to 562 opted-in MLSs and treat non-objection after seven days as consent to release listing and commission data under the NAR settlement.
Plaintiffs in the Sitzer Burnett and Gibson cases asked Judge Stephen Bough to enforce delivery of listing and commission data tied to the National Association of Realtors settlement, according to HousingWire. The dispute centers on a Flexmls vendor, FBS, which declined to release the data without explicit permission from each MLS and would not identify which MLSs are refusing.
To address the vendor roadblock, the plaintiffs proposed notifying 562 MLSs that opted into the settlement, giving each seven days to object, and treating silence as consent. HousingWire notes that the plaintiffs argue the data is needed not only for compliance checks, such as whether compensation fields were stripped, but also as the raw material for future analysis.
The filing describes the listing and commission dataset as covering items such as status history, entry dates, the time gap between when a listing agreement was signed and when the listing appeared, and what was paid and to whom. HousingWire says the plaintiffs frame the information as important for assessing whether listings are being routed around the MLS and whether concessions are quietly performing the role of older co-op commission practices.
HousingWire also highlights the underlying practice changes tied to NAR terms, including requiring written buyer touring agreements with specified compensation, stating that fees are negotiable rather than set by law, and limiting collections to the amount stated in the agreement. The article says plaintiffs are still filing motions nearly three years after the verdict.