Clear Cooperation suit ends without any rule changes
NAR says ThePLS.com, which sued the association and three major MLSs, is dismissing the case. But the door is open for it to refile this year.
It looks like the end of the road for a lawsuit that made it all the way to the Supreme Court with its challenge to NAR's Clear Cooperation policy.
The PLS.com, a site focused on pocket listings, filed suit after NAR enacted the policy in 2019, which required MLS participants to share publicly marketed listings with the MLS within one business day.
Now comes word that ThePLS.com is withdrawing its case against NAR — just a day after court documents revealed a settlement with the other defendants: California Regional MLS, Bright MLS and MRED.
The defendants respond: NAR said in a statement to Real Estate News on Friday that it is "pleased that PLS decided to dismiss this long-pending litigation without NAR making any payment or rule change."
This comes on the heels of a settlement with the California Regional MLS, Bright MLS and MRED. Bright said in a statement Friday that "The PLS and the MLSs have agreed to a resolution of the dispute between them concerning the claims alleged against the MLSs in the lawsuit, bringing an end to the litigation."
Lawyers for ThePLS.com did not respond to a request for comment.
Details of the agreement: NAR offered more details about its deal with PLS in an update shared with members by General Counsel Katie Johnson on Friday.
NAR is "not paying anything" to PLS or committing to any rule changes.
ThePLS.com will dismiss its claims without prejudice, which means it could file suit again.
NAR agreed to extend the statute of limitations for ThePLS.com's claims "through the end of 2024."
"If PLS chooses to reengage in litigation, we are prepared to address their claims," Johnson said in the update.
Whatever happened to ThePLS.com? ThePLS.com evolved into the National Listings Service, which is back in the news with the announcement of a potential competitor to NAR. The newly launched American Real Estate Association plans to offer listings access via TheNLS.com.