2 minute read
The legal wins for the National Association of Realtors (NAR) continue to roll in. On Tuesday, Judge Reed C. O’Connor of U.S. District Court in Wichita Falls, Texas, granted NAR’s motion to dismiss the Eytalis antitrust lawsuit over the three-way Realtor association membership structure and MLS access.
Filed in early December 2024 by real estate broker Luz de Amor Eytalis, the suit claims that the defendants have violated the Sherman Antitrust Act by requiring membership in order to access the MLS.
In addition to NAR, the suit’s other defendants — Paragon MLS Connect, Wichita Falls Association of Realtors and Texas Association of Realtors — were also dismissed with prejudice, meaning that Eytalis cannot refile her suit if she wishes. However the state related claims were dismissed without prejudice, allowing her to refile her suit in state court if she wants. An additional defendant, Wichita Falls MLS, was dismissed from the suit without prejudice in late April.
The defendants had filed their motion to dismiss the suit in early February. In the spring, the suit was examined by U.S. Magistrate Judge Hal R. Ray, Jr., who offered his findings and recommendations in early June.
Ray recommended that since Eytalis did not state a claim upon which the court could grant relief for violation of the federal antitrust statute, the court should grant the remaining defendants’ motion to dismiss the suit.
Eytalis objected to this recommendation, and the parties have gone back and forth since then, leading to Tuesday’s ruling by O’Connor.
In a statement emailed to HousingWire, a NAR spokesperson said the trade group is pleased with the court’s ruling.
“MLSs are operated at the local level and each MLS determines individual participation requirements,” the spokesperson added. “Similar to other national membership organizations, NAR’s integrated structure is fundamental to the value we deliver to members. It provides members with a unified voice on policy issues, a uniform Code of Ethics, and valuable tools and professional development opportunities that help members get to, and execute, their next transaction more efficiently.”
Last week, NAR was dismissed from another antitrust lawsuit filed by discount brokerage firm Homie Technology.
