The National Association of REALTORS® scored a legal victory Wednesday, as an appellate court upheld a lower court's decision in Muhammad v. NAR, concluding that “dismissal was appropriate.”
"Muhammad’s pleadings are rife with conclusory allegations or fail to assert sufficient facts to satisfy the most basic elements of any of the statutes he invokes," the panel of appellate judges wrote.
The October 2024 case follows Maurice Muhammad, a real estate practitioner in Pennsylvania, who sued NAR, the Pennsylvania Association of REALTORS® and the Greater Lehigh Valley REALTORS® after he lost access to his local multiple listing service because he did not pay membership dues and failed to abide by NAR's Code of Ethics following disciplinary proceedings, the appellate court's opinion says.
Muhammad claimed defendants violated a slew of laws including federal antitrust, discrimination and the Second Amendment to the United States Constitution.
In October 2025, a judge for the U.S. District Court for the Eastern District of Pennsylvania dismissed Muhammad’s case with prejudice, preventing him from refiling the same claims. The plaintiff filed a Notice of Appeal on Aug. 12, 2025.
Almost a year later, the U.S. Court of Appeals for the Third Circuit has now weighed in, affirming the district court's decision and writing this of the plaintiff’s appeal: "The arguments he does raise largely are undeveloped, consist more of bullet points than narrative discussion or analysis, have no accompanying record citations, and frequently purport to rely upon 'well-known, ongoing national antitrust litigation' in other jurisdictions, case cites for which he does not supply."
NAR acknowledged the success in a statement.
"NAR is pleased that the Third Circuit Court of Appeals affirmed the district court’s dismissal of this case with prejudice," a spokesperson said. "NAR’s policies foster competition and are not discriminatory. The Association’s integrated structure is essential to the value we provide our members, including a unified voice on policy issues, a uniform Code of Ethics, and important tools and professional development opportunities that help members get to their next transaction with more confidence."
