realestate

Broker seeks waiver of membership rules during appeal

New filing seeks restraining order Texas broker's court battle over NAR and local association membership proceeds.

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Texas broker, Lou Eytalis, has filed a motion for a temporary restraining order while her appeal of a dismissal over mandatory Realtor association membership proceeds. The filing, submitted on September 5, requests that the court halt enforcement of membership rules by the National Association of Realtors (NAR), state and local Realtor groups, and Paragon MLS Connect until the appeal is resolved.

    Eytalis, who runs a brokerage with roughly 30 agents in Texas and Oklahoma, claims the requirement to join multiple associations and pay their dues causes “irreparable harm.” She cites invoices from the Wichita Falls Association of Realtors, which she argues are unjustified, as evidence of how local groups enforce NAR’s membership mandates. The burden of these fees, she says, adds unnecessary costs and administrative hassle.

    Central to her argument is that the judge who dismissed her case ignored evidence of monopolistic practices that violate federal antitrust law. Eytalis contends that the dues policies stifle competition by forcing small brokers to pay excessive fees or lose MLS access, thereby reducing the number of agents and limiting consumer choice, which can lead to financial harm.

    This case joins a growing number of NAR membership and antitrust challenges now moving to the appellate level. NAR has previously won similar claims in Pennsylvania and in an antitrust suit brought by Homie Technology. In response, NAR maintains that the courts were correct in dismissing the lawsuits and vows to defend its policies, emphasizing its commitment to delivering value, supporting local associations, and fostering a fair, competitive, and transparent real‑estate market.

Broker seeks membership rule waiver during appeal at regulatory hearing.