NAR Triumphs in REX Antitrust Lawsuit

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A federal judge in the Western District of Washington on Wednesday dismissed claims against The National Association of REALTORS® stemming from an antitrust lawsuit filed by REX (Real Estate Exchange Inc.). A culmination of a two-year battle, REX filed the lawsuit in March 2021 against Zillow, Trulia and NAR, taking issue with Zillow’s website redesign implementing a two-tabbed interface that indicates properties listed on the MLS versus those that are not. 

REX claimed that NAR influenced how Zillow displayed listings, which is false, and the judge’s decision establishes that the allegations in this case have no merit. NAR says this is a positive and encouraging development for REALTORS® and the entire real estate industry.

How It Impacts You

Most importantly, this decision means local MLS broker marketplaces can continue to decide for themselves how their data is displayed on other listing sites.    

NAR policies recognize that each real estate market is different, and the guiding principle is to empower REALTOR® association-owned MLSs, as well as their participants and subscribers, to be an independent, local broker marketplace that can best serve the evolving business needs of their markets. The goal is to provide flexibility in light of emerging technology and workplace trends and encourage value-driven competition among local broker marketplaces. The court’s decision protects this market dynamic and allows local broker marketplaces to continue to foster competition, promote equal access to listings and ensure consumers have access to the most accurate, transparent and up-to-date information on home listings. 

The bottom line is that NAR has and always will work to ensure that local broker marketplaces continue to provide information on homes that is accurate, reliable and transparent to the advantage of buyers and sellers. Otherwise, without NAR and the local broker marketplaces, buyers and sellers likely would have less choice among brokerages, services and compensation models, hurting the average consumer.

Benefits of local broker marketplaces: 

• Local broker marketplaces create the largest opportunity for connections between real estate agents with properties to sell and those with clients looking to buy.
• They give first-time, low-income and other buyers better access to the American dream of homeownership while also exposing a seller’s property to the greatest number of potential buyers.
• Local broker marketplaces benefit competition and fair housing and provide consumers with the most accurate, transparent and up-to-date information on home listings. 
• They provide verified, trusted, detailed and accurate property information.
• Ensure equal opportunity for all home buyers and sellers, leveling the playing field between large and small brokerages.
• They provide unprecedented competition: Many different service and fee business models—from varied commission models to flat fees—thrive in local broker marketplaces.

NAR encourages members to continue to educate themselves and the public about how local broker marketplaces work and promote equity, transparency and market-driven pricing options for consumers. Check out competition.realtor, which provides a comprehensive overview and suite of materials related to how REALTORS® and local broker marketplaces benefit consumers, or read about NAR’s legal win in HousingWire.