We wanted to let you know that, earlier today, the US Court of Appeals for the Ninth Circuit ruled in NAR’s favor by denying Real Estate Exchange’s (REX) appeal in the REX v. Zillow et al case. This is an important win that validates our position in this antitrust litigation.
REX initially filed suit against NAR and Zillow in March 2021, claiming that the defendants conspired to hurt REX’s business and to stop REX from bringing lower fees to consumers. The District Court granted summary judgement in favor of NAR in 2023.
In affirming the decision of the district court, the appeals court emphasized what we’ve said from day one-NAR’s no-commingling rule never constituted an antitrust violation. The rule is optional, leaving MLSs the choice whether to adopt it, and, in fact, 29% of them chose not to.
NAR is pleased to put this meritless lawsuit behind us and maintain our focus on delivering value for our membership. NAR will continue to fight for the interests of its members.
This information is only accurate as of 3/4/25. You must contact SCR for updates and changes to this information after 3/4/25 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.