Late last week, a judge for the Western District of Pennsylvania dismissed an antitrust case against NAR, the Pennsylvania Association of REALTORS® and others.
In the lawsuit, real estate practitioner W. Preston Moore alleged that conditioning MLS access on local, state and national REALTOR® membership violates antitrust law. He also claimed to have experienced racial discrimination by the defendants in the enforcement of professional rules and disciplinary actions.
Moore apparently agreed to the voluntarily dismissal of all claims against defendants on April 8, and the judge officially dismissed the claims against NAR and state REALTOR® organizations and leadership without prejudice, Friday.
“We are pleased with the Court’s decision to dismiss this case, which reinforces that these allegations lacked merit from the outset,” an NAR spokesperson said. “As we have previously stated, local and state associations are responsible for investigating Code of Ethics complaints and determining any appropriate course of action, with established processes that include the right to appeal.”
The Moore v. McGee et al. dismissal represents NAR's fourth legal success in under two weeks and comes on the heels of three significant wins last summer.
REALTOR® News recently reported legal victories in Michigan and Florida courts, as well as news that the association secured a broad release of liability in the proposed "Tuccori" settlement announced on Friday.
If approved by the court, the settlement includes a release of liability for REALTOR® members, state and local REALTOR® associations (including those that do, and do not, operate multiple listing services (MLSs), REALTOR® MLSs, non-REALTOR® MLSs and real estate brokerages with a REALTOR® as principal that have not previously settled or been named in similar litigation and meet specified eligibility criteria, including compliance with NAR rules and policies and not asserting claims contrary to the settlement.
More on the settlement: FAQ: Settlement Agreement To Resolve Homebuyer Claims in Tuccori et al. v. At World Properties et al
NAR General Counsel Jon Waclawski called the agreement the “direct result of the more deliberate and strategic legal approach our team has adopted.”
“These positive legal developments reinforce our position that NAR’s policies foster competition and signal that our diligent legal approach is paying off,” Waclawski said. “I’m proud of the success NAR’s new legal team has been having in the courts. We will continue to fight so our members can continue unlocking the American Dream for generations to come.”
