What is the Antitrust Defense Fund

The Antitrust Defense Fund is an extension of the NAR Insurance Program. NAR established the Antitrust Defense Fund in 2025 to provide supplemental financial assistance to an NAR affiliate, REALTOR® association, or REALTOR® association-owned multiple listing service, upon application to the Legal Action Committee, in cases where the requesting party has been named in an antitrust matter in which NAR is not a party. Financial assistance may be available for entities who incur financial costs above and beyond the claim limits of an applicable insurance policy, after reaching the entity’s deductible.  Any funding received under the Antitrust Defense Fund may only be used for legal fees and expenses and may not be used to pay any portion of the applicant’s judgments, damages, fines, settlements, or opposing counsel's legal fees incurred as a result of the litigation.

Eligibility to Apply for Antitrust Defense Fund Support

Financial assistance from the Antitrust Defense Fund is potentially available to NAR affiliates, REALTOR® associations, or REALTOR® association-owned multiple listing services who are covered entities under the NAR Insurance Program. For entities to be eligible to apply for support from the Antitrust Defense Fund, the affiliate, REALTOR® association, or REALTOR® association-owned multiple listing service must comply with the mandatory NAR bylaws, policies and procedures promulgated by the National Association's Board of Directors. The covered entity must be engaged in actual litigation alleging violations of any state or federal antitrust law. Additionally, the lawsuit must not name the National Association of REALTORS® as a party.

To be eligible, the entity must demonstrate that (1) the entity has filed a claim with its applicable insurer, and provide any response from the insurer; (2) that antitrust coverage limits on the applicable antitrust policy have been exhausted;  and (3) that the entity has met its deductible under an applicable policy prior to receiving an award of funding under the Antitrust Defense Fund by the Legal Action Committee. In the event the aggregate antitrust coverage available under the applicable NAR Insurance Program policy or the entity’s applicable insurance policy has already been exhausted at the time of bringing the application, then the entity must demonstrate that it has paid its defense counsel an amount equivalent to the applicable deductible.

Application for Support under the Antitrust Defense Fund

All eligible requests for support will be considered by the NAR Legal Action Committee pursuant to its procedures. Requests are considered during Legal Action Committee meetings held twice yearly during the REALTORS® Legislative Meetings and the NAR NXT, The REALTOR® Experience. A completed Antitrust Defense Fund Legal Action Application Form must be submitted at least four (4) weeks before the Legal Action Committee meeting.  

Presentation to the Legal Action Committee and Approval Process

During the Legal Action Committee meeting, applicants requesting support under the Antitrust Defense Fund will be given an opportunity to present and discuss the case and any relevant factors relevant to the application.  Committee members will be provided with an opportunity to ask questions of the presenters. Legal counsel of the applicant, along with any others designated by the applicant, may attend the meeting and participate in the presentation process. 

Additional Details

See What Applicants Should Know: Procedures and Considerations for additional details and information. 

In consideration of applications for support under the Antitrust Defense Fund, the Legal Action Committee will consider the following non-exhaustive list of factors in determining whether to provide the applicant with financial support:

The antitrust nature of the violations alleged against the NAR-insured applicant;

The connection of the alleged violations with the practices and policies of the NAR-insured applicant; and

The NAR-insured applicant’s compliance and certification of NAR’s relevant rules, regulations and bylaws compliance.

The Legal Action Committee will confidentially deliberate and vote whether, and in what amount, to recommend financial support to an applicant under the Antitrust Defense Fund. If the Committee recommends funding, the recommendation will be presented to the NAR Executive Committee for approval. Following consideration by the Executive Committee, parties will be informed in writing of an award of support. If awarded, support will be disbursed upon receipt of proper documentation of fees and expenses as specified by NAR staff. Once the funds awarded are exhausted, the applicant will be required to submit an application for additional funding connected with the litigation.