What is the name of the court where the Nosalek case against Remax is pending?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
t on November 26, 2024.
In one of the other Moehrl-related antitrust litigations, filed by Jennifer Nosalek and others in the District of Massachusetts (the "Nosalek Action"), on June 30, 2023, plaintiffs filed a motion requesting preliminary approval of a settlement with MLS Property Information Network, Inc. ("MLS PIN"). The parties subsequently amended the settlement agreement on September 5, 2023, January 5, 2024, and again on January 17, 2025. If approved by the court, the settlement agreement requires MLS PIN to pay $3.95 million, to eliminate the requirement that a seller must offer compensation to a buyerbroker and to amend various rules pertaining to seller notices and negotiation of buyer-broker compensation. On February 15, 2024, the U.S. Department of Justice filed a statement of interest requesting that the court deny preliminary approval of the second amended settlement agreement and recommending that the settling parties propose an injunction that prohibits offers of buyer-broker compensation by MLS PIN participants. On June 24, 2024, the court stayed the case pending a ruling by the Burnett court on the proposed NAR settlement and ordered plaintiffs to file a supplemental preliminary approval of settlement within 30 days of the Burnett court ruling. On January 17, 2025, plaintiffs filed a supplemental memorandum in support of preliminary approval that included the third amended settlement agreement. The court set April 1, 2025, as the hearing date for preliminary approval. On March 17, 2025, the Department of Justice filed a supplemental statement of interest again requesting that the court deny preliminary approval of the settlement. No other defendants are part of the MLS PIN settlement. The terms of the Company's Settlement Agreement extend to plaintiffs in the Nosalek Action.
Source: Item 3 — LITIGATION (FDD pages 21–29)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, the Nosalek action, one of the Moehrl-related antitrust litigations, was filed by Jennifer Nosalek and others. The case is pending in the District of Massachusetts.
This information is relevant to potential Remax franchisees as it provides insight into the legal challenges and settlements Remax is currently involved in. Antitrust litigations can have significant financial and operational implications for the company and its franchisees.
Specifically, the Nosalek action involves a settlement with MLS Property Information Network, Inc. (MLS PIN) that, if approved, would require MLS PIN to pay $3.95 million, eliminate the requirement that a seller must offer compensation to a buyer-broker, and amend various rules pertaining to seller notices and negotiation of buyer-broker compensation. The court denied preliminary approval on April 1, 2025. Understanding the details of these legal battles can help a prospective franchisee assess the potential risks and rewards associated with investing in a Remax franchise.