{"id":62909,"date":"2026-05-02T03:16:31","date_gmt":"2026-05-02T01:16:31","guid":{"rendered":"https:\/\/housesmarketplace.trio-tv.com\/real-estate-antitrust-and-commission-lawsuits-week-in-court-update\/"},"modified":"2026-05-02T03:16:31","modified_gmt":"2026-05-02T01:16:31","slug":"real-estate-antitrust-and-commission-lawsuits-week-in-court-update","status":"publish","type":"post","link":"https:\/\/housesmarketplace.trio-tv.com\/ru\/real-estate-antitrust-and-commission-lawsuits-week-in-court-update\/","title":{"rendered":"Real estate antitrust and commission lawsuits, week in court update"},"content":{"rendered":"
\n

It has been a busy week in the courts and HousingWire<\/strong> is here to update you on all of the real estate lawsuit developments.\u00a0<\/p>\n

The Compass v. NWMLS battle continues<\/h2>\n

Compass <\/strong>is seeking to dismiss the counterclaims asserted against it by Northwest MLS <\/strong>(NWMLS), according to a motion filed last Thursday.\u00a0<\/p>\n

In the filing Compass claims that \u201conly a monopolist like NWMLS would sue its own customer (Compass) for daring to stand up for competition and homeowner choice.\u201d<\/p>\n

\u201cWith its counterclaims, NWMLS tries to manufacture tort liability from Compass\u2019s efforts to help its brokers comply with their fiduciary duties and offer homeowners different options to market their homes,\u201d the filing states.<\/p>\n

The motion continues on to claim that the counterclaims \u201can unveiled threat to Compass and any other Seattle area brokers who might consider opposing NWMLS\u2019s mandates or breaking from the conspiracy of brokers it has organized.\u201d<\/p>\n

This comes after NWMLS filed counterclaims <\/a>against Compass in early April alleging that the firm\u2019s \u201cthree-phase marketing program\u201d is a deceptive pocket listing scheme that violates Washington\u2019s Consumer Protection Act by hiding inventory and manipulating days-on-market data.\u00a0<\/p>\n

The counterclaims are part of a lawsuit filed by Compass against NWMLS in April of last year,<\/a> in which Compass claimed that NWMLS is a\u00a0 \u201cmonopolist\u201d and that its listing policy, which does not allow for office exclusive listings, is anticompetitive.\u00a0<\/p>\n

In an emailed statement NWMLS CEO Justin Haag claimed that \u201cCompass\u2019s recent attempt to frame market transparency as a \u2018monopoly\u2019 is a distraction from the real issue: the creation of shadow inventory that benefits a single brokerage at the expense of the general public.\u201d<\/p>\n

\u201cWhile Compass labels its \u201cthree-phased marketing\u201d ploy as innovative, it is in fact nothing more than an exclusionary practice that hides material information and listings from the buyers who need them most. Northwest MLS is built on the belief that every broker and every homebuyer deserves equal access to every listing and all the information about each listing,\u201d Haag added. <\/p>\n

\u201cBy withholding listings and key information from other brokers and the public, Compass is manipulating critical market data, including days on market and price change history, which degrades the accuracy and reliability of the data Northwest MLS compiles and that all brokers, appraisers, and consumers rely upon. <\/p>\n

Northwest MLS is not \u201cblocking\u201d self-proclaimed \u201cinnovation\u201d \u2013 we are blocking exclusionary practices and deception. We believe a fair market is an open market. We will continue to defend the pro-competitive rules that benefit all brokers and consumers and protect the public\u2019s right to a transparent, competitive, and honest real estate market.\u201d<\/p>\n

Compass did not wish to comment on its filing.\u00a0<\/p>\n

Three-way membership agreement lawsuits look to rise from the ashes<\/h2>\n

Despite federal courts in Louisiana and Michigan dismissing the DeYoung <\/a>and Hardy <\/a>suits, the plaintiffs in both antitrust suits are seeking to bring their legal claims back.<\/p>\n

Earlier this week, a federal court in Louisiana granted the DeYoung plaintiffs\u2019 motion to file a second amended complaint. This came after the court dismissed<\/a> federal antitrust and Fair Housing Act claims filed in early January 2025 by brokers Carla DeYoung and Carlos Alvarez, along with agents Tammy Jo Williams and Darlene Currie against the National Association of Realtors (NAR), the Greater Baton Rouge Association of Realtors (<\/strong>GBRAR), the New Orleans Metropolitan Association of Realtors<\/strong> (NOMAR), ROAM MLS <\/strong>and several other Louisiana based defendants at the end of March. However, these claims were dismissed without prejudice providing the plaintiffs with the opportunity to file an amended complaint.<\/p>\n

In the second amended complaint, the plaintiffs repled the federal claims the court had previously dismissed. Again, the plaintiffs alleged that the defendants have \u201cengaged in anticompetitive and exclusionary practices, including conditioning access to MLS data and MLS-related platforms [\u2026] on compulsory membership in local, state and national Realtor associations.\u201d\u00a0<\/p>\n

In regard to the amended complaint, a spokesperson for the NAR wrote in an email that the trade group \u201csupports pro-competitive, pro-consumer local broker marketplaces, which local associations may choose to provide as a member benefit.\u201d<\/p>\n

\u201cEach local MLS sets their own requirements for determining access to the platform and for governing participants\u2019 conduct on the platforms,\u201d the spokesperson wrote. \u201cWe will continue to defend our position, which is supported by the court\u2019s prior dismissal of the plaintiffs\u2019 federal claims.\u201d<\/p>\n

As for the Hardy suit, the plaintiffs filed an appeal in the Sixth Circuit Court of Appeals last Thursday regarding the final judgement issued in the lawsuit in late March.<\/p>\n

Filed in August 2024<\/a>, the Hardy suit claims that the requirement that all agents and brokers in Michigan be members of NAR, their state Realtor association and a local board of Realtors in order to list a property on Realcomp<\/strong> (the local MLS) represents an antitrust violation.\u00a0<\/p>\n

In the final judgement ruling, the court found the plaintiffs\u2019 claims that they could not access information in the MLS anywhere else to be \u201cmisleading and contradicted by reality,\u201d resulting in the dismissal <\/a>of the lawsuit.<\/p>\n

According to a NAR spokesperson, the trade group \u201c\u201dbelieves the district court correctly dismissed this case and continues to stand by the pro-competitive, pro-consumer local broker marketplaces, which local associations may choose to provide as a member benefit.\u201d<\/p>\n

\u201cLike other national membership organizations, NAR\u2019s integrated structure is essential to the value we provide our members, and we remain committed to policies that promote competition, transparency, and value for brokers and consumers alike,\u201d the spokesperson added. \u201cWe will continue to defend our position on appeal.\u201d<\/p>\n

Another antitrust suit seeks to channel its inner phoenix\u00a0<\/h2>\n

Jorge Zea, the plaintiff in the aptly named Zea antitrust lawsuit filed an amended complaint on Monday after his lawsuit was fully dismissed in mid-April. The ultimate dismissals<\/a> of NAR, as well as the Connecticut Association of Realtors<\/strong> (CT Realtors), Connecticut-based Smart MLS<\/strong>, Arizona-based West and Southeast Realtors of the Valley<\/strong> (WeSERV) and 11 Florida-based associations and MLS came as a result of the\u00a0 report and recommendations<\/a> of Magistrate Judge William Matthewman, who called Zea\u2019s complaint \u201cdeficiently pled.\u201d<\/p>\n

Originally filed in August<\/a>, the lawsuit claims that the defendants engaged in a \u201ccoordinated scheme\u201d to restrict consumer choice and maintain elevated prices, harming his brokerage<\/a> model.<\/p>\n

Zea runs www.snapflatfee.com<\/strong>, a brokerage that charges sellers a listing fee in exchange for limited services. Zea\u2019s firm syndicates listings data to the MLS<\/a> data feeds and forwards all buyer leads \u201cregardless of their origin\u201d directly to the seller.<\/p>\n

In the amended complaint, Zea reiterates his claims that the defendants \u201ccollectively\u201d decline to \u201cimplement or enforce\u201d the \u201cmandatory\u201d rules that NAR has put in place\u00a0 to \u201cmitigate anticompetitive practices, including commission-based steering, suppression of listing agent contact, and unfair barriers to alternative service models.\u201d<\/p>\n

In an emailed statement, a NAR spokesperson wrote that the trade group feels that the district court was correct in dismissing the case.<\/p>\n

\u201cAs we have previously stated, the National Association of Realtors fosters a fair, transparent, and competitive real estate marketplace. Steering is a prohibited practice under NAR policy and the Realtor Code of Ethics. The Code of Ethics is enforced by state and local Realtor associations, and the enforcement of MLS rules are handled by each MLS,\u201d the spokesperson wrote. \u201cWe will continue to defend our position.\u201d<\/p>\n

It is 2026 and we\u2019re still talking about commission lawsuits<\/h2>\n

Earlier this week, both Compass and United Real Estate<\/strong> notified the Batton homebuyer commission lawsuit court that they had both decided to opt-into the Tuccori homebuyer commission lawsuit settlement agreement in motions to stay the Batton proceedings, pending the approval of their settlements. These motions were denied on Thursday, keeping in line with earlier decisions to not stay the proceedings pending the approval of other Tuccori opt-in settlements.\u00a0<\/p>\n

Compass did not wish to comment on the settlement and United Real Estate did not immediately return HousingWire\u2019s request for comment.\u00a0<\/p>\n

These settlements come as other Tuccori opt-in settlements come under fire from the Batton and Lutz plaintiffs.\u00a0<\/p>\n

On Tuesday, the Batton plaintiffs <\/a>filed a motion for preliminary injunction seeking to prevent NAR from proceeding with its settlement due to two appeals the plaintiffs currently have pending with the Seventh Circuit Court of appeals, claiming that the settlement was the result of a \u201creverse auction.\u201d On Wednesday, Judge LaShonda Hunt denied this motion, reaffirming the same ruling<\/a> she made regarding the Batton plaintiffs\u2019 quest to stop<\/a> Anywhere Real Estate<\/strong>\u2019s settlement with the Tuccori plaintiffs from proceeding.\u00a0<\/p>\n

A spokesperson for the trade group told HousingWire that NAR \u201cstands by its settlement of buyer-side broker commissions lawsuits through its recent settlement in Tuccori, which addresses substantially similar claims to those raised in Batton.\u201d<\/p>\n

\u201cNAR maintains that the settlement process established by the Tuccori court is in the best interests of the class and constitutes a fair and reasonable agreement, which was reflected in the court\u2019s recent decision to grant a stay in Batton,\u201d the spokesperson wrote. \u201cNAR will continue to vigorously defend the settlement it reached after mediation and negotiations before the court-appointed mediator, Judge James Holderman.\u201d<\/p>\n

Similarly, the Lutz homebuyer commission lawsuit plaintiffs also filed a motion for a preliminary injunction asking the court to prevent HomeServices of America<\/strong> <\/a>and Douglas Elliman<\/strong><\/a> <\/strong>from proceeding with their Tuccori opt-in settlements.\u00a0<\/p>\n

\u201cThese plaintiffs never sued the Defendants, but are now selling Defendants a release of Plaintiffs\u2019 claims here in exchange for fees. Defendants bought this release from plaintiffs who not only did not sue them, but could not without their consent, given Defendants\u2019 professed lack of personal jurisdiction over them in Illinois,\u201d the filing states.<\/p>\n

The Lutz plaintiffs continue on to call the settlements a \u201creverse auction,\u201d claiming that the defendants \u201cpicked a plaintiff with weaker claims and weaker counsel in an effort to negotiate a more favorable settlement,\u201d and noting that the opt-in settlements came after the court overseeing the Lutz lawsuit denied most of the defendants\u2019 motion to dismiss the Lutz lawsuit.<\/p>\n

The firms announced their decisions<\/a> to opt-in to the Tuccori settlement in mid-April.\u00a0Neither defendant immediately returned HousingWire\u2019s request for comment.<\/p>\n

While not a homebuyer commission lawsuit, the legal battle in the Hooper home seller commission lawsuit continued this week with James Mullis and the Gibson lawsuit plaintiffs appealing the court\u2019s awarding of attorneys fees in the Hooper suit related to home seller commission lawsuit settlements reached with eXp World Holdings <\/strong>and Weichert Realtors<\/strong>.The Gibson plaintiffs had previously objected to these settlements <\/a>calling them \u201csweetheart deals\u201d and \u201creverse auctions\u201d as the Batton plaintiffs have done with the Tuccori settlements. These attempts to intervene in the Hooper suit were unsuccessful,<\/a> as the Batton plaintiffs\u2019 have thus far been in the Tuccori suit.<\/p>\n

eXp did not immediately return HousingWire\u2019s request for comment and HomeServices declines to comment.<\/p>\n<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

It has been a busy week in the courts and HousingWire is here to update you on all of the real estate lawsuit developments.\u00a0 The Compass v. NWMLS battle continues Compass is seeking to dismiss the counterclaims asserted against it by Northwest MLS (NWMLS), according to a motion filed last Thursday.\u00a0 In the filing Compass […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-62909","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\nReal estate antitrust and commission lawsuits, week in court update - Houses Marketplace<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/housesmarketplace.trio-tv.com\/ru\/real-estate-antitrust-and-commission-lawsuits-week-in-court-update\/\" \/>\n<meta property=\"og:locale\" content=\"ru_RU\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Real estate antitrust and commission lawsuits, week in court update - Houses Marketplace\" \/>\n<meta property=\"og:description\" content=\"It has been a busy week in the courts and HousingWire is here to update you on all of the real estate lawsuit developments.\u00a0 The Compass v. 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