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AN, a private listing network, has agreed to drop its case against NAR after nearly five years of litigation and previous dismissals. The National Association of Realtors can now breathe a sigh of relief as a long-running court battle over its Clear Cooperation Policy (CCP) comes to an end – for now.

    The association and Top Agent Network jointly agreed on January 13 to have the case dismissed without prejudice, with each party paying their own attorney's fees. This decision marks a significant development in the ongoing debate over NAR's CCP, which requires brokers to enter listing information on the MLS within one business day of publicly marketing a property.

    The lawsuit was first filed by TAN in May 2020, challenging the policy as anticompetitive and violating antitrust laws. The case has been dismissed and revived several times, with the parties appearing to work toward a resolution before it stalled. In July, the judge approved a motion to reconsider key points in the case, noting that TAN had made an "adequate" case related to antitrust allegations.

    The dismissal of the TAN lawsuit does not necessarily mark the end of the road for this issue. Since the lawsuit was dismissed without prejudice, TAN has the option of refiling at a later date. The ongoing debate over Clear Cooperation continues, with some arguing that it stifles seller choice and poses a legal risk to the industry, while others see it as a pro-consumer policy.

    The National Association of Realtors' leadership team is weighing the diverging perspectives on the policy, but has not said when it will reach a decision. The outcome of this debate will have significant implications for the real estate industry, and it remains to be seen whether TAN or other private listing networks will continue to challenge NAR's CCP in court.