A Washington federal court has considered whether an association member could challenge a multiple listing service’s requirement that only members of a REALTOR® association could participate in the multiple listing service. Federal courts in Wisconsin and Kentucky have recently rejected similar challenges- click here to read the Wisconsin summary and here to read the Kentucky summary...
In O'Riordan v. Long Island Board of REALTORS®, the district court addressed tying arrangements and group boycotts in the context of requiring Board membership to participate in a MLS. The court held that under Rule of Reason analysis, the Board practices did not constitute a group boycott or tying agreement in violation of the Sherman Antitrust Act.
The...
In U.S. v. National Association of Real Estate Boards (NAREB), the U.S. Supreme Court held that services provided by a real estate agent are within the definition of "trade," and as a result, the price-fixing of real estate commissions was a per se violation of the Sherman Antitrust Act.
The Washington Real Estate Board, which was located in the District of Columbia, adopted...