According to court documents filed Monday, TAN and NAR have agreed to dismiss the lawsuit. However, Top Agent Network may re-file or file suit in another court in the future.
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A lawsuit brought by Top Agent Network (TAN) against the National Association of Realtors (NAR) has been dismissed for the second time, according to legal filings.
As of Monday, TAN and NAR notified Judge Vince Chabria that they had agreed to dismiss the lawsuit without prejudice. Each party shall bear its own attorney’s fees and costs as specified in the filing. The “without prejudice” designation means the plaintiff can refile the lawsuit or take the case to another court.
“The National Association of Realtors (NAR) and Top Agent Network (TAN) have reached an agreement under which TAN will dismiss without prejudice the pending antitrust lawsuit against NAR,” a joint statement sent by TAN and NAR to Inman said. We will announce what we have done.”
“This suspension will allow NAR to continue to consider the future of the Clear Cooperation Policy, including any possible interpretations and amendments.”
TAN declined to comment when asked whether any money was exchanged between TAN and NAR as part of any settlement or other agreement, and whether TAN plans to re-file the lawsuit at a later date.
TAN originally stated that “NAR and its affiliates colluded to cut off competition, disrupt the relationship between real estate agents and their clients, and deprive families of their freedom to choose how to market their homes.” The lawsuit was filed in May 2020.
The lawsuit was filed in response to NAR’s clear cooperation policy adopted in May 2020 that requires listings on the MLS within 24 hours of listing. TAN representatives argued that home sellers should have more options when listing their homes on the MLS. The policy became even more controversial this year as the U.S. Department of Justice (DOJ) continued to scrutinize NAR’s practices, with many real estate industry leaders questioning whether the policy should continue as is or be abolished. , and are exchanging opinions on whether it should be revised. .
“While most home sellers prefer to sell through the MLS (which typically publishes listings the earliest), a significant percentage of consumers choose not to do so,” the amended complaint filed in October 2024 states. I’ve always wanted it.”
“Many consumers want to protect their privacy and do not want to host viewings or make their properties widely available for viewing on listing sites,” the complaint continues. “Other consumers engage in limited off-MLS marketing to determine appropriate prices for homes listed on their local MLS. Overpricing a home and not achieving a quick sale can have consequences “leading to a permanent decline in real estate values.” ”
The court initially dismissed the case with prejudice in 2021, arguing that TAN was the wrong plaintiff in such a lawsuit against NAR because the network’s business model itself was allegedly anti-competitive. .
TAN subsequently appealed this decision to the Ninth Circuit Court of Appeals. In 2023, the Court of Appeals reversed the lower court’s decision, ruling that the claims made in TAN’s lawsuit were nearly identical to those in the lawsuit brought by PLS.com. The case was allowed to proceed.
The case was reopened by Judge Chhabria in December 2023, and TAN filed a motion for retrial in May 2024. Judge Chhabria granted the request in July 2024, stating that TAN “properly asserted the antitrust claims.”
The San Francisco Association of Realtors was the original defendant in the lawsuit, but in October 2024 TAN decided to focus its legal battle on NAR and removed the San Francisco Association of Realtors as a defendant.
The years-long legal battle finally appears to have been resolved, at least for now.
Inman Associate Editor Andrea V. Braambila contributed reporting to this article.
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