Antitrust Class Action Lawsuit Filed Against NAR

Litigation Is Ongoing

Published Friday, May 31, 2019
 

A class action lawsuit, Moehrl v. NAR, et al., was filed on March 6 in the Northern District of Illinois against the National Association of REALTORS® and four large brokerage companies alleging that the defendants conspired to restrain price competition among buyer brokers via promulgation of NAR's MLS rules.

NAR believes that the lawsuit is a misguided effort to undermine the MLS system which has long served both homebuyers and sellers well. An official statement, released by NAR in March, is as follows:

"The complaint is baseless and contains an abundance of false claims. The U.S. Courts have routinely found that Multiple Listing Services are pro-competitive and benefit consumers by creating great efficiencies in the home-buying and selling process. NAR looks forward to obtaining a similar precedent regarding this filing."

Mantill Williams, VP of Communications, National Association of REALTORS®

Earlier this month, NAR filed to dismiss the Moehrl v. NAR, et al. lawsuit on the basis that the complaint intentionally misrepresents NAR rules and practices. The press release concerning this filing is available on NAR.realtor.

This week, in response to NAR's motion to dismiss the lawsuit, the plaintiff's attorneys let the court know they are amending their complaint. This means the court will no longer rule on NAR's motion to dismiss the case and instead wait for the amended complaint. The case remains ongoing and NAR will continue to aggressively defend against this lawsuit.

NAR has released a set of Frequently Asked Questions (FAQs) to address any questions members may have concerning this litigation. We will continue to keep you informed as events regarding the litigation unfold.