Broker wants membership rules waived while appeal plays out
A new filing seeks a temporary restraining order while a Texas broker’s court battle over NAR and local association membership requirements proceeds.
Texas broker Lou Eytalis has thrown another punch in her fight against mandatory Realtor association membership.
After appealing a judge's dismissal of her case, Eytalis filed a motion on Sept. 5 asking the court to block NAR, state and local Realtor groups and Paragon MLS Connect from enforcing membership policies while her appeal plays out.
What the motion says: Eytalis argues that she and her brokerage, with about 30 agents in Texas and Oklahoma, is suffering "irreparable harm" from having to join and pay dues in multiple associations just to access MLS services.
Specifically, the Wichita Falls Association of Realtors is cited for sending her brokerage invoices for dues that she argues are not owed. The filing frames this as an example of how local associations enforce NAR's membership rules, which Eytalis says add unnecessary costs and administrative burdens.
The bigger picture: Eytalis contends that the judge who dismissed her case overlooked evidence of monopolistic practices that violate federal antitrust law, a key aspect of her original case.
"Defendants' dues policies reduce competition by forcing small brokers to pay unjust fees or lose MLS access, limiting their market participation" and "fewer agents mean consumers face limited choices," which can cause financial harm, the latest filing states.
This case is one of several NAR membership and antitrust challenges that have recently shifted into the appeals process. The association scored initial court victories in similar membership-related claims in Pennsylvania and an antitrust suit by Homie Technology.
What NAR has to say: The association says the courts got it right in dismissing the lawsuits and it will continue defending its policies. In a statement following the earlier appeals, a spokesperson said NAR is focused on "delivering unparalleled value to our members, developing resources that empower local associations and fostering a fair, competitive, and transparent real estate market."