The National Association of Realtors and major brokerages are facing limited options as a significant class action lawsuit approaches trial.
A request to overturn the class certification of the Moehrl case was denied by a federal appeals court this week. NAR, Anywhere Real Estate, Keller Williams, RE/MAX and Home Services of America were the parties involved. The case may be headed to trial, but no date has been set yet as the defendants aim to resolve some individual claims in arbitration.
Read more: SCOTUS Rejects National Association Of Realtors’ Antitrust Appeal
The spokesperson for NAR expressed disappointment with the ruling, but stated that it was not related to the merits of the case. They remain confident that NAR will eventually succeed. The brokerages declined to comment on the ruling when contacted by Inman.
The Moehrl lawsuit, which was filed in 2019, claims that certain NAR regulations may be in violation of antitrust laws. These regulations, such as the requirement for listing brokers to offer commissions to buyer brokers for listing a property on a Realtor-affiliated MLS, may inflate seller costs. If successful, the lawsuit could disrupt the brokerage model.
