Key facts
- The Fifth Circuit Court of Appeals upheld the dismissal of a lawsuit against the National Association of Realtors (NAR).
- The lawsuit alleged that NAR and affiliated associations violated antitrust laws by requiring brokers to join multiple Realtor associations for MLS access.
- A magistrate judge initially recommended dismissal due to insufficient evidence of antitrust injury or conspiracy.
- Eytalis argued the dismissal perpetuated monopolistic practices, harming public interest and increasing commission rates.
- NAR stated that membership is voluntary and its integrated structure is lawful and essential for members.
A three-judge panel at the Fifth Circuit Court of Appeals on Wednesday affirmed a lower court's decision to dismiss a lawsuit that accused the National Association of Realtors (NAR) and its affiliated state and local associations of violating antitrust laws. The suit, filed by real estate broker Luz de Amor Eytalis in December 2024, alleged that the requirement to join local, state, and national Realtor associations to gain access to the Multiple Listing Service (MLS) restricted competition and harmed the public interest.
The case was initially dismissed in July 2025 based on a magistrate judge's recommendation, which found a lack of sufficient evidence for an antitrust injury or conspiracy among the defendants. However, Eytalis appealed the decision, leading to the suit being revived in August 2025. She argued in an October 2025 brief that the district court erred in its dismissal, contending that the ruling perpetuated monopolistic practices that increased commission rates and limited consumer access to affordable real estate agents.
An NAR spokesperson expressed satisfaction with the appeals court's ruling, stating that the rejection of the antitrust allegations was affirmed. The spokesperson emphasized that NAR membership is voluntary and that the association's integrated structure provides essential value to its members.