In 2005, the
United States Department of Justice filed a formal complaint against the National Association of Realtors for violating Section 4 of the
Sherman Antitrust Act. The complaint sought to enjoin the National Association of Realtors "from maintaining or enforcing a policy that restrains competition from brokers who use the Internet to more efficiently and cost effectively serve home sellers and buyers, and from adopting other related
anticompetitive rules. On November 18, 2008, the Court entered a Final Judgment approving a settlement against NAR. In 2012, American Home Realty Network, Inc., the operator of
NeighborCity, filed antitrust counterclaims in response to a pair of
copyright lawsuits, alleging that the "copyright lawsuits filed against it by two multiple listing services with financial backing from the National Association of Realtors are part of a concerted effort by NAR to drive the company out of business and eliminate it as a provider of services to real estate brokers." The counter-claims also allege that the copyrights asserted were never properly registered. In the Minnesota case, which recites claims against the NAR but does not directly name the NAR as a counter-defendant, AHRN filed a second amended counterclaim adding Edina Realty and Home Services of America as Counter-Defendants in the antitrust and unfair competition claims.
Edina Realty is a subsidiary of
HomeServices of America, Inc., a
Berkshire Hathaway company, which owns real estate brokerage firms in states across the country, including
Minnesota,
Maryland,
North Carolina,
Georgia,
Washington,
Oregon,
Arizona,
Rhode Island,
Connecticut,
Iowa,
Nebraska,
Ohio,
Illinois,
Kansas,
South Carolina,
Missouri,
Pennsylvania,
Indiana,
Kentucky,
Alabama, and
California. Earlier in 2012, the mid-Atlantic multiple listing service Metropolitan Regional Information Systems, Inc. (MRIS) and
St. Paul, MN-based Regional Multiple Listing Service of Minnesota Inc. (NorthstarMLS) filed copyright claims against NeighborCity. Another lawsuit was filed in March 2019 challenging NAR's compensation policies which require all member brokers demand blanket, non-negotiable buyer-side commission fees when listing a home on a
Multiple Listing Service (MLS).
Burnett et al v. National Association of Realtors et al On October 31, 2023, a federal civil jury found that the NAR had conspired to inflate commissions paid to home-buyers' real estate agents, and determined that NAR and its codefendants owed damages of almost billion. The lawsuit,
Burnett et al v. National Association of Realtors et al, was heard in the
U.S. District Court for the Western District of Missouri in Kansas City, and involved allegations of violations of federal and state antitrust laws by the NAR,
HomeServices of America,
Keller Williams Realty,
Anywhere Real Estate (parent of
Coldwell Banker,
Century 21 Real Estate, and
Sotheby's International Realty) and
Re/Max. Anywhere and Re/Max had previously settled their liability and agreed to pay lesser damages, leaving NAR, HomeServices and Keller Williams to defend the suit at trial. In March 2024, NAR agreed to settle for a reduction of damages to million, eliminating its rules on commissions, and waiving its right to appeal. As a result of the settlement, starting August 2024, buyers’ agents commission fees are not allowed to be advertised and buyers must sign a contract with their agent before seeing properties together.
The Wall Street Journal reported the settlement is expected to reduce real estate commissions, force some agents out of the industry, and lead to a decline in NAR’s membership. ==Specializations==