Judge Delivers Legal Win, Dismisses ‘Hardy’ Antitrust Case Against NAR

By Editorial Team

A recent ruling by the U.S. District Court for the Eastern District of Michigan brought a legal victory for the National Association of REALTORS® (NAR) as a class-action antitrust case was dismissed. The case, filed in August 2024, involved allegations regarding access to a local multiple listing service (MLS) known as RealComp II.

The lawsuit was initiated by three real estate professionals operating in southeastern Michigan – Douglas Hardy, Glenn Champion, and Dylan Tent. They contended that the requirement of NAR, Michigan REALTORS®, and local board memberships to access RealComp II was anticompetitive and violated antitrust laws at state and federal levels.

The plaintiffs aimed to represent a class of agents and brokers who they claimed were obligated to be members of the mentioned associations and use RealComp II to access the MLS. However, the court ruled in favor of NAR and other defendants, stating that the plaintiffs failed to provide sufficient factual support for their legal claims.

The defendants argued that the requirement of association membership in exchange for benefits does not constitute an antitrust violation. The court’s order granting NAR’s motion to dismiss emphasized the lack of plausible claims in the case.

In response to the ruling, an NAR spokesperson expressed satisfaction with the decision, highlighting that NAR’s policies are designed to promote competition, transparency, and value for brokers and consumers. The spokesperson emphasized that NAR’s integrated structure is crucial for providing value to its members.

Eliana Block, a business writer for REALTOR® News, covered this story. For inquiries, she can be reached at eblock@nar.realtor.