A long-running antitrust dispute involving the National Association of REALTORS® (NAR) has concluded with the U.S. Supreme Court declining to hear an appeal, thereby leaving intact the prior court rulings in NAR’s favor. The lawsuit challenged NAR’s previously optional “no-commingling” policy, which required listings from non-MLS sources to be flagged separately. With the rule repealed in June, the outcome offers brokerages assurance that past policy decisions will not be reopened. (Block, 2025)

One perspective is the decision marks a strategic win for real-estate brokerages and MLS organizations alike, by preserving the status quo of listing-display rules and limiting additional legal uncertainty. It suggests that while optional policies can be challenged, repealing them—and avoiding forced implementation—reduces litigation risk. For brokers and MLSs, the message is clear: aligning internal policy practices with market usage and member feedback can serve as a defense against antitrust exposure.

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Source & Citation:
Block, E. (2025, October 20). NAR’s latest legal victory: Supreme Court declines to hear case on repealed optional ‘no commingling’ rule. REALTOR® Magazine. https://www.nar.realtor/magazine/real-estate-news/law-and-ethics/nars-latest-legal-victory-supreme-court-declines-to-hear-case-on-repealed-optional-no-commingling

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