The Ninth Circuit says it’s possible! The Ninth Circuit reversed the district court order in THE PLS.COM, LLC V. NAR, No. 21-55164 (9th Cir. 2022), which was based on whether or not The PLS.com had sufficiently stated an anti-trust claim for relief. The district court said no and dismissed. The PLS.com appealed, and the Ninth Circuit agreed with The PLS.com, and reversed and remanded to the district court to allow the case to proceed. From my individual perspective, despite my membership and investment in the National Association of Realtors, I have observed the same as the Ninth Circuit and plaintiffs in The PLS.com case here: NAR’s “Clear Cooperation Policy” is monopolistic, and bad for consumers and agents. The Policy does not help me as a broker or agent provide a better service, and it limits options for consumers and agents. I agree whole-heartedly with the Ninth Circuit here. Unfortunately, this is not the first time Realtors have been accused of monopolistic practices.
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