The U.S. Supreme Court recently reaffirmed its position regarding a legal matter involving the National Association of REALTORS® (NAR). On December 15, 2023, the Court declined to rehear a case filed by Real Estate Exchange, Inc. (REX), which had challenged NAR’s optional “no commingling” rule.
Case Background
REX initiated its lawsuit in March 2021, accusing NAR of violating federal antitrust laws. The lawsuit specifically targeted NAR’s optional non-commingling rule, which allowed multiple listing services (MLSs) to segregate listings from non-MLS sources from those of MLS members. This rule was repealed in June 2023, following concerns about its relevance and usage within local markets.
Legal Proceedings
The U.S. District Court for the Western District of Washington and the U.S. Court of Appeals for the Ninth Circuit sided with NAR in previous rulings. The Supreme Court’s decision to not review the case aligns with these lower court findings, ultimately closing the case.
NAR’s Response
Following the Supreme Court’s ruling, Jon Waclawski, NAR’s General Counsel, stated that the optional no-commingling rule did not constitute an antitrust violation. He emphasized the importance of local MLSs in promoting transparent and competitive housing markets.
Policy Repeal
The decision to repeal the optional policy was made by NAR’s Executive Committee in June 2023. This repeal was influenced by feedback regarding the rule’s decreasing significance in the real estate community.
Implications for Real Estate
- NAR remains devoted to supporting the functions of MLSs.
- The organization aims to deliver accurate home listing information to consumers.
- The Supreme Court’s refusal to rehear the case signals a strong judicial stance on this issue.
This ruling and subsequent policy changes by NAR illustrate the evolving landscape of real estate regulations. As the industry adapts, the focus on transparency and fairness in housing remains paramount.
