Oct 06

NAR Wins REX Antitrust Battle: What Home Buyers and Sellers Should Know

When you’re buying or selling a home, you want choices, accurate listings, and a fair shot at finding the right deal. A major legal battle over how homes appear online put those issues under the spotlight—and the courts ultimately sided with the National Association of REALTORS® (NAR).

The dispute began in 2021 when Real Estate Exchange Inc. (REX), a now-defunct discount real estate brokerage, sued NAR and Zillow. REX challenged a policy that allowed multiple listing services (MLSs) to separate MLS-listed properties from other listings on real estate websites.

REX argued that the practice hurt competition and made it harder for its listings to attract attention. NAR maintained that its policy was optional and that individual MLSs could decide whether to adopt it.

In August 2023, a federal judge dismissed the antitrust claims against NAR. The Ninth Circuit Court of Appeals upheld that decision in March 2025, and the U.S. Supreme Court declined to hear REX’s appeal in October 2025. The Supreme Court also declined to reconsider that decision in December 2025, bringing REX’s legal challenge to an end.

There’s another important update: NAR repealed the optional no-commingling policy in June 2025, citing feedback from the MLS community and the rule’s declining relevance. So, while NAR prevailed in court, the policy itself is no longer in effect.

What Does This Mean for Home Buyers and Sellers?

For consumers, the bigger picture is competition, transparency, and access to reliable property information.

MLSs help real estate professionals share detailed listing information, connect buyers with available properties, and give sellers opportunities to reach potential purchasers. Different brokerages can also offer different service packages and pricing structures.

Still, online home shopping isn’t always as simple as scrolling through a few photos. Listings may come from different sources, and availability or property details should be verified with a real estate professional.

The bottom line: The REX case is a reminder that the rules governing online listings can influence how consumers discover homes. Buyers should compare available properties and understand their representation options, while sellers should ask how their homes will be marketed and which services best fit their goals.

In real estate, informed decisions start with clear information—and knowing your options can make all the difference.

Source: REALTOR® Magazine
“NAR Triumphs in REX Antitrust Lawsuit”
National Association of REALTORS®

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