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A year ago, the Pennsylvania Association of Realtors announced W. Preston Moore as its first black president. A few months later, Moore was suspended and joined a growing number of brokers and brokers in suing the National Association of Realtors for requiring them to be real estate agents to access the multiple listing service.
On November 25, Mr. Moore, a veteran real estate agent with Howard Hanna, filed a lawsuit against NAR. State Realtor Associations of Pennsylvania, New York, and New Jersey. Pennsylvania Real Estate Commission. The Pennsylvania House Black Caucus cited “discriminatory practices, antitrust violations, forced membership, and civil rights violations, particularly regarding minority demographics and unfair enforcement of rules.”
The lawsuit targets NAR’s tripartite agreement. The agreement requires agents and brokers to join local, state and national real estate agent associations for membership in NAR affiliates. It also covers the common rule that many real estate agent-affiliated MLSs have in place: join the NAR to access the MLS. NAR itself does not require a Realtor membership to access the MLS.
W. Preston Moore
“NAR’s Multiple Listing Service (MLS) system effectively forces real estate professionals to NAR members to access MLS properties essential to conducting transactions,” the complaint states.
“These practices stifle competition, limit market access, and force professionals to abide by NAR rules and dues without viable alternatives.
“Mandatory membership disproportionately affects minority and low-income professionals who may not be able to afford the imposed dues.”
PAR CEO Michael McGee. PAR Chief Legal Officer Hank Lerner, PAR Chief Growth Officer Kevin Juliano, and current PAR President Bill Lublin. PAR President-elect David Dean. PAR members Albert Perry III and Chris Beadling. Kathryn L. Simpson of Mette Evans & Woodside, an attorney for the New York and New Jersey Association of Realtors, was also named as a defendant.
Moore’s lawsuit is similar to one filed in October by Pennsylvania broker Maurice Muhammad. Lawsuits challenging the same policy have also been filed in Michigan, Texas, California and Louisiana.
Like Muhammad, Moore litigated the case “professionally.” This means that he is representing himself. Mr. Moore filed suit in the Western District of Pennsylvania, and Mr. Muhammad filed suit in the Eastern District of Pennsylvania.
Moore’s lawsuit, like Muhammad’s, alleges discrimination against minorities in the handling of ethics complaints.
“Minority members, including plaintiffs, face unequal enforcement of ethical standards, while white members who engage in similar conduct are not held accountable,” the complaint says.
“The leadership structure within NAR and PAR favors non-minority individuals, leading to policies that fail to protect minority members.”
Moore alleges bias from NAR and PAR regarding “inappropriate handling of complaints and lack of support for minority members seeking redress.”
In particular, Moore accused the NAR of failing to “provide due process for allegations of harassment, particularly when senior leaders of real estate agent associations are involved,” and said that unspecific allegations have been thoroughly investigated. He said that it had not been investigated.
“Plaintiff was wrongfully suspended, which is indicative of a broader culture within the organization that fosters retaliation and microaggressions against minority members,” the complaint states.
In June, Moore received a one-year suspension that means he temporarily loses state-level membership and privileges until June 25, 2025, according to PAR.
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Regarding Moore’s suspension, McGee told Inman that due to confidentiality reasons, PAR “is not at liberty to disclose the circumstances of Mr. Moore’s suspension.”
Still, McGee stressed in a statement that “in accordance with association policy, an investigative process was conducted prior to suspension,” adding that while Moore was not removed from his position as president in 2024, “the period of suspension will be… “Naka was unable to carry out his duties as chairman.” ”
Moore’s complaint accuses the defendants of violating federal Sherman and Clayton laws by “establishing a monopoly over the real estate profession through forced membership.”
The complaint also alleges violations of the Civil Rights Act of 1964 and the Fair Housing Act. Breach of contract. Violation of due process rights under the Fourteenth Amendment to the United States Constitution.
The complaint requests a jury trial and seeks a court order declaring the defendants’ conduct unlawful and discriminatory. An injunction requiring the defendants to “reform processes to ensure the fair treatment of all members” and prohibiting them from “participating in coercive membership practices.” Moore will return as PAR president in 2024 “with all rights and obligations.”
The complaint also seeks compensatory damages, punitive damages and attorney’s fees.
McGee said PAR “does not comment on pending or potential litigation.”
Inman has reached out to NAR and Moore and will update this article when we hear back.
Read the complaint (reload the page if the document does not appear):
Email Andrea V. Brambilla.
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