T
he National Association of Realtors (NAR) has seen its Clear Cooperation Policy, a contentious issue in the real estate industry, receive another setback. A lawsuit filed by Top Agent Network (TAN) against NAR was dismissed without prejudice, allowing TAN to potentially refile the suit at a later date. The case alleged that NAR's policy is anti-competitive and violates antitrust law.

    The parties involved agreed to dismiss the lawsuit, which claimed that NAR's Clear Cooperation Policy restricts homeowners' options for marketing their properties. This decision will give NAR time to reconsider its policy, including possible modifications or interpretations.

    TAN had initially filed the lawsuit in 2020, shortly after NAR adopted the Clear Cooperation Policy, which requires listings to be placed on a Multiple Listing Service within a day of being publicly marketed. The lawsuit was previously dismissed with prejudice due to concerns over TAN's own business model, but an appeals court later vacated that decision.

    The dismissal without prejudice means that TAN can refile its lawsuit if it chooses to do so. However, the company has declined to comment on whether any money changed hands or if they plan to refile the suit. The Clear Cooperation Policy remains a contentious issue in the real estate industry, with some arguing that it restricts sellers' options and others claiming it's necessary to prevent housing discrimination.