A federal judge handed the National Association of Realtors (NAR) a major legal win today, throwing out a lawsuit by two brokers and an agent in Michigan, who had claimed that rules restricting MLS access violated federal and state antitrust laws.
Douglas Hardy, Glenn Champion and Dylan Trent filed the lawsuit all the way back in August of 2024, alleging that local and state boards of Realtors, along with NAR and the local MLS, RealComp II, all conspired to create rules and form an illegal monopoly, forcing real estate professionals to pay dues to access the MLS.
That litigation set off a scattering of similar lawsuits by brokers across the country, some of which have also been dismissed.
In his ruling, Judge Jonathan Grey of the Eastern District of Michigan wrote that at least some of the plaintiffs’ claims regarding the MLS are “misleading and contradicted by reality,” and the allegations that MLS membership is mandatory are “insufficient to support a viable claim under (federal antitrust law).”
The ruling comes as industry focus shifts from the commission lawsuits (which the Michigan plaintiffs cited as at least part of their reason for filing their claims) to private listings and portal partnerships that at least some real estate insiders worry could undermine the MLS.
In an emailed statement, an NAR spokesperson said that the organization was “pleased” by the decision, which the spokesperson claimed “reinforces our position that NAR’s policies foster competition and are not discriminatory.”
“Like other national membership organizations, NAR’s integrated structure is essential to the value we provide our members, and we remain committed to policies that promote competition, transparency, and value for brokers and consumers alike,” the spokesperson added.
Hardy, chairman of Signature Sotheby’s International Realty in Michigan, told RISMedia via email that he and the other plaintiffs are “actively evaluating our legal options, including appeal.”
“We respectfully disagree with the court’s decision,” Hardy wrote, “and believe it overlooks the real competitive and financial harm caused by mandatory membership requirements tied to MLS access. This ruling misses the practical reality facing brokers and agents across the industry.”
For decades, NAR dictated that affiliated MLSs could not allow non-members access to their platforms. That changed in the early 1990s, following a key court defeat, but until last year, NAR said it remained “committed to the principle” of predicating MLS access on Realtor® membership.
That language was removed at NAR’s 2025 midyear meetings, as part of a “risk assessment” conducted by an outside law firm, with NAR saying that the change was meant to reinforce that MLSs have “local discretion” in setting these rules.
In his ruling, Grey also dismissed claims that Realtor associations conspired to force membership without addressing the specific allegations, writing that since plaintiffs had failed to articulate an “actionable” harm created by the alleged wrongdoing, that claim was not “viable.”
Hardy said that from his perspective, there is still a “fundamental issue” at stake, calling the MLS an “essential marketplace tool” that is “conditioned” on the membership and fees of a private trade association.
“We remain committed to pursuing a path that ensures these competitive issues are fully addressed under applicable antitrust laws,” Hardy wrote.
Additionally, Grey noted that the MLS information in question can be accessed without MLS or Realtor membership. And “contrary to plaintiffs’ representations,” Grey said there is a long history of federal and state courts explicitly ruling that Realtor® membership requirements for MLS access are not inherently illegal.
He rejected a comparison to a landmark 1991 case in which an appeals court made the MLS membership requirement illegal in three states, saying that the specific circumstances were very different.
“(T)here is no…violation simply because a voluntary trade organization requires membership to access MLS,” he wrote.
This is a developing story. Stay tuned to RISMedia for updates.
Editor’s note: this story was updated at 1:06 p.m. eastern time with a statement from NAR.
Editor’s note: this story was updated on April 1 with comments from Doug Hardy and additional information.
