On Tuesday, a judge for the U.S. District Court for the Eastern District of Michigan dismissed all claims levied against the National Association of REALTORS®, Michigan REALTORS® and others in a class-action antitrust case about access to a local multiple listing service (MLS) called RealComp II.
The August 2024 case was brought by three real estate professionals—Douglas Hardy, Glenn Champion and Dylan Tent—operating in southeastern Michigan, who claimed that requiring local, state and national REALTOR® membership to access RealComp II is anticompetitive and violated state and federal antitrust laws.
Their proposed class included all agents and brokers who the plaintiffs alleged are “required to be members” of NAR, Michigan REALTORS® and a local board such as the Gross Pointe Board of Realtors®, the Greater Metropolitan Association of REALTORS® and The North Oakland County Board of REALTORS® and allegedly “must use” RealComp II to access the MLS.
NAR and defendants argued that the plaintiffs failed to provide any facts in support of their legal claims.
“As a general matter, requiring membership in a trade association in exchange for the benefits of the association does not give rise to an antitrust claim,” the defendants’ motion to dismiss read. It added that the lawsuit “lacks sufficient factual allegations to plausibly establish the elements of an antitrust violation.”
Tuesday’s order, granting NAR’s motion to dismiss, echoed that: “The Court finds that, as to each of their four claims, plaintiffs have failed to plead a claim to relief that is plausible on its face.”
The judge went on to say, “many courts have determined defendants’ alleged practice is not anticompetitive conduct at all and, in fact, promotes competition.”
“We are pleased with the Court’s decision to dismiss this case, which reinforces our position that NAR’s policies foster competition and are not discriminatory,” an NAR spokesperson says. “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.”
