NAR subpoena in PLS legal battle raises questions 

A legal battle that started years ago between the Mauricio Umansky-founded pocket listings website ThePLS.com and The National Association of Realtors (NAR) has found new life.

On June 22, Jason Haber, a New York-based Compass agent who co-founded the American Real Estate Association (ARA) with Umansky, announced in an Instagram reel that NAR had issued him a subpoena in the case. Haber said neither he nor the ARA is involved in ThePLS.com.

What the subpoena entails: In the reel, Haber showed a copy of the subpoena — which is addressed to the ARA, "c/o Jason Haber" — and said the legal order includes a request "that has nothing to do with the lawsuit they subpoenaed me about."

The subpoena calls on ARA to provide "All Documents and Communications related to the NAR Accountability Project" — and "here's the problem with that," according to Haber: "The NAR Accountability Project was shut down before ARA ever existed, and this is a subpoena for ARA."

Haber appeared puzzled by the request. "Ask yourself this: Why in the world is NAR demanding the NAR Accountability Project documents — even sensitive conversations — with victims? What does this have to do with a lawsuit about private listings? Frankly, I have no idea."

Haber said ARA's legal team is objecting to the request and will fight it. ARA received the subpoena in May, and the deadline to submit documents was June 18, Inman first reported.

"We will always protect those who deserve to be protected," Haber said. "That's what I did at the NAR Accountability Project — and my commitment will never waver."

The subpoena also requested all documents and communications between ARA and the PLS or the NLS (the private network's Spanish language version); documents related to ARA member enrollment in TheNLS.com; communications related to NAR's Clear Cooperation Policy (CCP); and any communications between the ARA and ThePLS.com co-founders Christopher Dyson, Mauricio Umansky, David Parnes and/or James Harris.

NAR did not immediately respond to Real Estate News' request for comment.

How the case began: ThePLS.com initially sued NAR in 2020 over the launch of the CCP, alleging that the trade association violated antitrust laws alongside co-conspirators California Regional MLS, Bright MLS and Midwest Real Estate Data. 

The CCP stipulates that Realtor-affiliated MLSs must publish listings within one business day of a listing being publicly marketed. It has faced growing scrutiny since its adoption, with NAR deliberating potential revisions before ultimately deciding to keep it — with an added "delayed marketing" option for sellers — last spring.

The original lawsuit was dismissed without prejudice in 2024. But ThePLS.com reopened the case last summer, alleging that NAR essentially forced it out of the market by implementing the CCP. It has further argued that sellers deserve a choice in how their home is marketed, and said the lawsuit is about defending that choice and innovation within the industry.

NAR had previously said it would be "prepared" for a renewed legal battle should the case be reopened.

What the NAR Accountability Project was: Following mounting sexual harassment allegations involving NAR leadership — including against former NAR President Kenny Parcell — and an ensuing investigation by The New York Times, Haber launched the NAR Accountability Project in August 2023.

The project, which quickly gathered more than 1,000 supporters, pushed for reforms at NAR, specifically through new leadership and by allowing women who had signed NDAs unrelated to trade secrets to be released from them.

In launching the project, Haber said he had received "very emotional" calls from current and former NAR employees who confided in him. He started a petition calling for the resignation of Parcell, who left his post shortly thereafter.

Since Parcell's resignation, NAR's new CEO, Nykia Wright, has publicly committed to overhauling the association's culture and finances, including through increased transparency.