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Michigan agents sue NAR, claim membership requirement to access MLS violates federal law

by Patrick Regan

Three Michigan real estate agents filed a class-action lawsuit this week against the National Association of REALTORS® (NAR), claiming the membership requirement to access the MLS is a violation of federal law.  

The suit, filed by three agents from Southeast Michigan, also names several local associations in the state.  

The suit alleges that requiring membership in NAR, plus the Michigan Association of REALTORS® and a local association, in order to access the MLS is “akin to mandating membership in a union or other trade organization, depriving members of free choice.”   

The suit comes just before new rules stemming from NAR’s lawsuit settlement take effect, which will eliminate commissions from the MLS and require written buyer’s agents agreements.  

The lawsuit filed this week alleges that NAR’s settlement eliminated “the guaranteed broker commission.” The plaintiffs also took issue with NAR annual fees, calling them “significant.”

Do you agree with the plaintiffs’ claims? Let us know your thoughts by emailing patrick.regan@agentpublishing.com. Your responses may be part of a future article in Chicago Agent.  

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