NAR notches another legal win as three-way membership agreement antitrust suit is tossed

Another antitrust lawsuit related to the National Association of Realtors’ (NAR) three-way membership agreement has been dismissed.

On Wednesday, Judge Johnathan Grey of U.S. District Court in Detroit, filed a ruling dismissing NAR, Michigan Association of Realtors (MAR), Grosse Pointe Board of Realtors (GPBR), Greater Metropolitan Association of Realtors (GMAR), North Oakland County Board of Realtors (NOCB”) and RealComp II from the Hardy lawsuit.

Filed in August 2024, 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 (the local MLS) represents an antitrust violation. The defendants filed their motion to dismiss the lawsuit’s first amended complaint in January 2025. 

In the ruling, the court found the plaintiffs’ claims that they could not access information in the MLS anywhere else to be “misleading and contradicted by reality.”

Additionally, the court ruled that the “plaintiffs have failed to plead a claim to relief that is plausible on its face.” 

In an emailed statement, an NAR spokesperson wrote that the organization was “pleased” with the ruling, which the association felt reinforces its “position that NAR’s policies foster competition and are not discriminatory.”

“Like other national membership organizations, NAR’s 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,” the spokesperson added.

In November of 2025, NAR unveiled a series of MLS policy changes, including allowing each MLS to set its own access and membership rules.

Last week a federal court in Louisiana dismissed similar claims filed against NAR in the DeYoung lawsuit. Other federal judges in Illinois, Pennsylvania and Texas have previously dismissed similar lawsuits.