Broker wants NAR membership lawsuit dismissal overturned

Luz de Amor Eytalis has filed a brief in support of the appeal she filed of the district court’s dismissal of her antitrust lawsuit against the National Association of Realtors (NAR), Paragon MLS Connect, Wichita Falls Association of Realtors and Texas Association of Realtors in August. 

In her brief filed on Friday, Eytalis claims that Judge Reed O’Connor of U.S. District Court in Wichita Falls, Texas, erred in dismissing her claims, and argues that this warrants a reversal of the lower court’s decision and that the suit be remanded back to the district court. 

According to the brief, the dismissal of Eyaltis’ lawsuit “harms the public interest by perpetuating monopolistic practices that reduce consumer access to affordable real estate agents and increase commission rates.”

In her brief, Eytalis argues that the dismissal of her suit was improper because she plausibly alleged anticompetitive tying in her third amended complaint. In the complaint she argues that tying MLS access to Realtor association membership prevents small brokers from effectively competing due to allegedly high membership fees, which in turn causes agents to charge higher commissions, harming consumers. 

Originally filed in early December 2024 by Eytalis, a real estate broker who is representing herself,  the lawsuit claimed that the defendants have violated the Sherman Antitrust Act by requiring membership in order to access the MLS. The lawsuit was dismissed in mid-July, but revived in August, when Eytalis filed her appeal.

The appellees did not immediately return HousingWire’s request for comment.