For over a century, the National Association of Realtors (N.A.R.) was the undisputed royalty of the real estate world, overseeing the buying and selling of homes and properties in the United States. The past few years have marked a reversal of fortunes, including a payout of almost $420 million, challenges to their Clear Cooperation Policy, and legal battles over their Multiple Listings System (M.L.S.).
N.A.R. took another shot at their foundation with the July 1, 2025, refiling of an antitrust suit that targets the M.L.S. feeds and the Clear Cooperation Policy as part of a monopoly. Pocket Listing Service (P.L.S.), a company co-founded by reality TV star and "celebrity" real estate agent Mauricio Umansky, had withdrawn a suit while a settlement for commission-fixing was decided.
It's become a whirlwind of legal actions between some of the biggest players in the real estate industry. For N.A.R., the crosshairs drawn on their Clear Cooperation Policy could lead to seismic changes in the world of buying and selling homes.
A Cozy Fixer-Upper With Genuine Curb Appeal
Founded as the National Association of Real Estate Exchanges in May 1908, the N.A.R. has long been the dominant voice in real estate. As the largest trade association in the United States, the N.A.R. represents its members and works at all levels to make sure their interests are a prime consideration in any related legislation to be passed.
One of the N.A.R.'s primary tools is the M.L.S. feeds. When a real estate agent enters into a contract to sell a house or a piece of property, they enter the listing into their local M.L.S. feed. This allows almost every agent to see the available piece of real estate. The system has evolved along with technology. What used to be accomplished by sending faxes has become digital billboards visible across the country instead.
While the M.L.S. certainly offers greater exposure, detractors have pointed out that it happens under the sway of the N.A.R. This argument was amplified by the N.A.R.'s apparent reaction to Umansky's creation of P.L.S. in 2017. Created for sellers and buyers who desire privacy, P.L.S. keeps listings private by keeping them off the M.L.S.
In response, the N.A.R. announced the Clear Cooperation Policy in 2019. It went into effect in January 2020. The Clear Cooperation Policy ordered that every M.L.S. affiliated with a Realtor must publish marketed listings within one day. This prompted an investigation by the Justice Department that is yet to return a definitive stance by the federal government.
Calling the policy anticompetitive, P.L.S. countered with a federal antitrust lawsuit in 2020 against N.A.R. and three of the largest M.L.S.s. It settled with the M.L.S.s in January 2024, withdrawing its suit against N.A.R. without prejudice at the same time. It also agreed to pause any further litigation on the suit until a final settlement was reached regarding N.A.R. and the commission rate assessed to home sellers.
P.L.S. refiled the lawsuit 30 minutes after the litigation hold expired. Under antitrust laws, it's seeking treble damages for violations of the Sherman Antitrust Act.
There's No Place Like Home (Until You Sell It)
The N.A.R. is not the only real estate-based entity currently facing the slings and arrows of legal fortune. Zillow, the largest real estate site in the U.S., is being sued by house-selling giant Compass. Compass claims that Zillow's policy of permanently banning homes that were listed for sale but not listed on Zillow within 24 hours is just another form of the N.A.R.'s Clear Cooperation Policy.
The N.A.R. loosened its reins a bit in March 2025, allowing M.L.S.s to set their own lengths for private marketing but still requiring the listings to be entered into the databases within 24 hours. As evidenced by P.L.S.'s speedy refiling of their antitrust suit, this was too little, too late.
Related Resources
- Selling Your Home - Do You Need a Real Estate Agent? (FindLaw's Real Estate Law)
- Home Selling Legal Basics (FindLaw's Selling Your Home)
- Closing and Continuing Costs (FindLaw's Mortgage and Equity Loan Laws)
