NAR’s Latest Legal Victory: Supreme Court Declines to Hear Case on Repealed Optional ‘No Commingling’ Rule

Real Estate In-Depth • October 21, 2025

Editor’s Note: This article first appeared in Realtor Magazine. Reprinted with permission from the National Association of Realtors.

WASHINGTON—The Supreme Court provided final resolution for a case brought against the National Association of Realtors, after the association successfully litigated the case in two lower courts.

The brokerage Real Estate Exchange, Inc. (REX) sued NAR and Zillow in March 2021, alleging NAR’s optional non-commingling rule (sometimes called the “no commingling” rule) violated federal antitrust laws. The optional rule, which was repealed in June, allowed MLSs to require that listings from non-MLS sources be displayed separately from MLS listings.

Previously, judges in the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court of the Western District of Washington at Seattle ruled in favor of NAR; and on Monday, the Supreme Court declined to take up Real Estate Exchange’s appeal, ending the legal battle.

“As we have said from day one, NAR’s optional no-commingling rule was not an antitrust violation,” an NAR spokesperson said following the Supreme Court’s decision. “Both the district court and the 9th Circuit Court of Appeals affirmed this, and we are pleased their rulings will stand. Local MLSs play a key role in fostering transparent, competitive and fair housing markets by delivering consumers the most accurate and up-to-date information on home listings. While the optional rule is no longer in effect, NAR remains committed to protecting the benefits MLSs provide agents, consumers and the industry.”

Separate from legal proceedings, NAR’s executive committee voted to repeal the optional policy in June. The decision was informed by feedback from the MLS community about the rule’s declining usage and relevance in local marketplaces, NAR’s Associate General Counsel and Vice President, Association Legal Affairs, Charlie Lee explained at the time.

By John Jordan April 9, 2026
A native of Rockland County, Obremski has worked in public service in the Hudson Valley for nearly two decades, including roles in community development and municipal law.
A scenic view of the Mid-Hudson Bridge spanning the Hudson River at sunset, overlooking a town with dense green trees.
By John Jordan April 9, 2026
While there is a significant outmigration to the Southern States, the largest share of residents are relocating to the Hudson Valley’s closest neighbors—Connecticut, New Jersey and Pennsylvania.
By Real Estate In-Depth April 8, 2026
The transaction reflects a wider trend in the Hudson Valley commercial market, where well-positioned properties continue to command premium pricing.
By Rey Hollingsworth Falu April 8, 2026
Fair housing today extends beyond overt discrimination. It lives in subtle patterns, in access to information, in affordability challenges, in lending disparities...
By Real Estate In-Depth April 7, 2026
Welcome HGAR's newest members who joined this March. Join us in celebrating and connecting with the latest professionals to become part of our growing real estate community.
By John Dolgetta, Esq. April 7, 2026
Federal courts in both Michigan and Louisiana have recently dealt significant setbacks to plaintiffs challenging the so-called “three-way agreement” structure governing MLS access
More