Key facts
- Plaintiffs in the Sitzer/Burnett commission lawsuit are seeking court enforcement of a NAR settlement provision.
- The provision requires Multiple Listing Services (MLS) that opted into the settlement to share real estate listing and commission data.
- Data provider Financial Business Systems (FBS) has refused to release data without explicit permission from each MLS.
- Plaintiffs propose a rule allowing MLSs seven days to object to data sharing, with non-objection implying consent.
- Judge Stephen Bough is overseeing the motion for both the Sitzer/Burnett and Gibson lawsuits.
Plaintiffs in the Sitzer/Burnett commission lawsuit, along with copycat Gibson lawsuit plaintiffs, have filed motions seeking court intervention to access real estate listing and commission data from Multiple Listing Services (MLS). The plaintiffs argue that a provision within the National Association of Realtors' (NAR) settlement requires MLSs that opted in to share this data. The motion arises after Financial Business Systems (FBS), a provider of MLS software, refused to release the data, citing a need for explicit permission from each individual MLS. The plaintiffs claim FBS has not disclosed which MLSs are withholding permission. To address this, the plaintiffs are requesting the court to establish a new rule: a notice would be sent to all participating MLSs reminding them of their data-sharing obligation. Any MLS wishing to object would have seven days to notify the court, after which arguments would be heard. Failure to object within this period would automatically be considered consent for FBS and other third-party providers to share the data. Judge Stephen Bough is overseeing the case.