REX intends to appeal a ruling by the Ninth Circuit Court of Appeals that favored NAR and Zillow concerning antitrust claims related to the no-commingling rule. Initially filed in March 2021, the case escalated after Zillow changed its site to adhere to this rule. Judge Thomas Zilly ruled against REX on antitrust claims but allowed certain advertising claims to proceed, which ultimately were dismissed favorable to Zillow. Following a Seattle jury trial, REX filed for a new trial over testimonies regarding agent commissions.
REX's legal saga began in March 2021, two months after Zillow began moving homes not listed on the MLS out of initial user search results and onto a second tab, in adherence with NAR's optional no-commingling rule.
Judge Thomas Zilly dismissed REX's antitrust claims against NAR and Zillow, but allowed the false advertising claim under the Lanham Act and the claim for unfair or deceptive trade practices under the Washington Consumer Protection Act to proceed.
A Seattle jury ultimately found that REX did not prove Zillow used misleading practices against REX in the marketplace, leading to the continuation of REX's legal battles.
The appeals court reaffirmed the lower court's ruling in March 2025 and denied REX's request for a rehearing en banc over the antitrust claims.
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