I
n the Michigan Hardy case, an attorney argued that NAR’s latest MLS policy overhaul signals an admission of antitrust violations. The National Association of Realtors faces an early test of whether the changes announced at NAR NXT 2025 will harm them in pending mandatory‑membership suits. On Nov. 19, the plaintiffs’ lawyer, Michael Clawson, filed a motion requesting disclosure of the policy revisions made two days earlier. The updates to the MLS Handbook focus on non‑member access requests, leaving membership rules to local associations. Clawson noted that NAR implemented the changes after an antitrust risk assessment, effectively acknowledging that its former policy breached antitrust law. The new handbook removes the requirement that NAR membership precede MLS access—a key point in the current case.

    NAR responded in a Nov. 21 email to Real Estate News, affirming its commitment to pro‑competitive, consumer‑friendly local broker markets and stating that each local MLS retains discretion over access requirements. The organization said the changes do not alter local MLS autonomy and pledged to address the matter directly in court.

    The lawsuit, filed in August 2024 by Douglas Hardy, Glenn Champion, and Dylan Trent, challenges a rule mandating that brokers belong to NAR, the state association (Michigan Realtors), and a local association to use the MLS. The filing followed NAR’s settlement on buyer‑agent commission fees, which eliminated MLS compensation offers—a move the plaintiffs say eroded the value of membership and highlighted steep fees.

    Similar mandatory‑membership challenges have emerged in Pennsylvania, Georgia, Texas, and Louisiana. Pennsylvania and Texas cases are currently in appeals after NAR secured victories in each.