"These initiatives include things like analyzing and assessing legal risks and providing members, local associations and MLSs with legal resources and the education to do the same, as well as reducing litigation exposure and working with industry partners to garner favorable legal outcomes. In its 2025 Annual Report, NAR outlined what it was doing to accomplish these initiatives. Efforts highlighted by the trade group included hiring"
"Efforts highlighted by the trade group included hiring a new general counsel, restructuring its legal department, working with an antitrust legal firm to review all NAR policies for potential legal risk, hosting a Legal Counsel Summit for Realtor Association attorneys and legal counsel, adopting a more strategic approach to litigation and working with legal counsel representing brokers to foster stronger inter-industry relationships."
"Additionally, the Annual Report also highlights NAR's decision to repeal national MLS rules surrounding membership requirements, non-member access, training, orientations, service areas, open listings and IDX permissions, giving control to local MLSs and associations to promulgate rules and enforce policies. While there is no doubt that this policy change is a good thing for NAR's legal exposure, experts have warned MLSs and local associations that it could increase their potential legal exposure."
NAR has taken multiple legal measures including hiring new general counsel, restructuring its legal department, and engaging an antitrust firm to review policies for potential legal risk. NAR hosted a Legal Counsel Summit, adopted a more strategic litigation approach, and worked with broker counsel to strengthen inter-industry relationships. NAR noted dismissal of three antitrust lawsuits and the Supreme Court’s refusal to hear an appeal in REX Real Estate’s no-commingling rule case. NAR repealed national MLS rules on membership, access, training, service areas, open listings and IDX permissions, shifting rulemaking authority to local MLSs and associations. NAR plans further coordination, surveys, and resource development to mitigate litigation risk.
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