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July 26.2025
3 Minutes Read

NAR’s Legal Win: Understanding the Impact of the Three-Way Agreement

Gavel on blue background related to NAR Three-Way Agreement Lawsuit.

Understanding the Legal Victory for NAR

Recently, the National Association of Realtors (NAR) scored a significant legal win when a federal judge dismissed a lawsuit challenging the orchestration of a "three-way agreement" in Texas. This ruling comes amid various legal challenges in multiple states concerning similar allegations against NAR and its affiliated organizations.

What is the Three-Way Agreement?

The controversy centers around a requirement outlined by NAR that mandates agents join local, state, and national Realtor associations to qualify for membership benefits. These rules effectively tie membership access to participation in these associations, raising questions about competition and market fairness.

In her lawsuit, broker Luz de Amor Eytalis (commonly known as "Lou") alleged that the three-way agreement imposed an unfair financial burden on her and other agents. Specifically, she claimed that brokers are forced to pay dues for all licensed agents within their firms, including those who might be inactive. Eytalis argued that this practice restricts business operation capabilities and creates a disadvantage for brokerages that opt not to engage with the associations.

A Broader Implication of Antitrust Allegations

The ruling in favor of NAR is crucial given the context of ongoing antitrust scrutiny facing the organization and its affiliates. NAR is currently entangled in lawsuits across states like California and Michigan, with similar themes of monopolistic practices emerging. The recent dismissal by U.S. District Court Judge Reed O’Connor leaves the door open for Eytalis to refile her state law claims, indicating the concerns may still resonate within the legal community.

Impacts on Real Estate Professionals

For many real estate professionals, the results of this lawsuit could have lasting effects on how they navigate their membership with local MLSs. Those in states with ongoing litigation may find themselves reassessing their membership requirements and the financial obligations tied to them. Real estate agents who have had similar grievances may feel emboldened to voice their concerns collectively, potentially leading to broader changes in the real estate landscape.

Future Developments: What Lies Ahead for NAR?

As the legal landscape evolves, NAR's successes and setbacks in court will not just shape its future but might also redefine the relationship brokers have with their respective associations nationwide. With the ruling being a temporary win for NAR, the organization is keenly aware of the need to adapt to changing market dynamics and legal pressures while staying committed to offering valuable resources to its members.

Decoding the Broader Impact on Real Estate Associations

The legal ruling emphasizes the importance of understanding the nuanced relationship between individual agents, brokerages, and the larger real estate associations. With NAR currently defending its practices in multiple lawsuits, this case highlights critical questions: Are association fees justifiable? Are current guidelines effectively serving the needs of the agents they represent?

Knowledge is power, and real estate professionals should remain informed of their rights and what membership entails. Engaging with the outcomes of these cases provides agents valuable insight into the systems that govern their practices.

Final Thoughts: The Importance of Staying Informed

The ongoing evolution in real estate regulation calls for brokers and agents to stay informed about legal developments and their implications. Whether you're navigating dues for inactive agents or understanding your obligations as part of an MLS, being proactive can help you make strategic decisions that enhance your business trajectory. This is a crucial period for real estate agents, and their engagement in these discussions will define not just their careers, but the future state of the real estate market.

If you're serious about enhancing your real estate practice, consider investing time in upcoming events and educational opportunities. Participate actively in forums and discussions that focus on these significant changes and how they might affect your business.

Real Estate Agents

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