NAR’s Latest Legal Victory: Supreme Court Declines to Hear Case on Repealed Optional ‘No Commingling’ Rule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 The optional rule, which was repealed in June, allowed MLSs to require that listings from non-MLS sources be displayed separately from MLS listings.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 While the optional rule is no longer in effect, NAR remains committed to protecting the benefits MLSs provide agents, consumers and the industry.”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.

A wooden gavel rests on a round block in a softly lit, out-of-focus courtroom setting.
By John Jordon March 16, 2026
NYSAR stated: “Upon filing the appeal, the decision is stayed until the New York State Court of Appeals publishes a decision…”
By Dr. Jermaine Meadows March 12, 2026
Approximately 123,000 households rely on Section 8 vouchers to help pay rent, and the program remains a central tool for addressing housing affordability and homelessness.
By Real Estate In-Depth March 12, 2026
If demand picks up notably in the coming months and outpaces supply growth, home prices will inevitably rise.
By John Jordan March 11, 2026
“HGAR will continue to advocate for policies that promote housing opportunity, protect property rights, and support a fair, transparent, and functional housing market for everyone.”
By Alexander Roithmayr March 2, 2026
One of the clearest themes that emerged from our testimony was that the biggest hurdle facing first-time buyers is not necessarily the monthly payment, but the upfront costs required to enter the market.
By Dr. Jermaine Meadows February 26, 2026
For real estate professionals, understanding the human and economic drivers behind eviction filings is critical.
More