A proposed class of Michigan real estate brokers and agents have asserted that the National Association of Realtors effectively admitted to the litigants' antitrust claim when it revoked its disputed policy, which required membership in the organization to use multiple listing services.

In a Nov.19 motion for leave to file supplemental authority in Michigan federal court, the agents and brokers pointed to a rule change NAR officially announced Monday. The group removed its policy that required agents and brokers be members of NAR to access databases in which properties are marketed. The Realtors organization's policy shift also left rules surrounding nonmember access to multiple listing services to local chapter officials' discretion.

The move followed a comprehensive risk assessment of NAR policies by a "leading outside law firm," the organization said in a statement Monday.

The litigants alleged Wednesday that NAR, "by changing its policies to avoid future antitrust litigation, is essentially admitting that its previous policy was a violation of antitrust law."

The organization made a total of 18 changes to its handbook policies, each approved by a policy risk advisory board comprised of brokers, association executives, multiple listing services executives and industry partners, according to a NAR letter of MLS leaders included in the plaintiffs' filing. The changes removed language regarding membership requirements and emphasized local control.

The agents and brokers urged the court to consider the revised policies when weighing a motion to dismiss that NAR brought in January. The national organization said the lawsuit fails to define the real estate market or demonstrate how the rule harmed competition in that market.

In a complaint they filed in January, the agents and brokers challenged the expensive memberships needed to access their NAR-run MLS, despite the diminished value of these memberships following rule change implemented as part of a $418 million settlement with home sellers.

Under the revision, MLS listings can no longer contain buyer agent commissions. But without these compensation listings, there's no reason to join local Realtor groups, the plaintiffs contended.

The suit lists NAR, the Michigan Association of Realtors, the Grosse Pointe Board of Realtors, the Greater Metropolitan Association of Realtors, the North Oakland County Board of Realtors and Realcomp II LLC. The proposed class alleged illegal restraint of trade, violations of the Michigan Antitrust Reform Act, economic coercion and civil conspiracy.

Counsel for the parties did not respond to requests for comment Thursday.

The plaintiffs are represented by Michael S. Clawson.

The National Association of Realtors and Michigan Association of Realtors are represented by Larry J. Saylor and Kimberly L. Scott of Miller Canfield Paddock & Stone.

North Oakland County Board of Realtors is represented by Richard D. Linnell of Linnell & Associates PLLC.

Greater Metropolitan Association of Realtors is represented by David J. DeVine and Sheldon H. Klein of Butzel Long.

Grossse Point Board of Realtors is represented by Jared A. Roberts of Fraser Trebilcock Davis Dunlap & Cavanaugh PC.

Realcomp is represented by Brian O'Keefe and Alexander E. Blum of Lippitt O'Keefe PLLC and Harvey R. Weingarden of Weingarden Law PLLC.

The case is Hardy et al. v. National Association of Realtors et al., case number 2:24-cv-12102, in the U.S. District Court for the Eastern District of Michigan.