The Supreme Court will not be taking up Real Estate Exchange (REX)’s appeal of a Ninth Circuit Court of Appeals ruling in REX’s long-running antitrust suit against the National Association of Realtors (NAR) and Zillow.
The nation’s highest court denied REX’s rehearing request in a ruling on Monday. No reason was given for its refusal.
REX filed a petition asking the Supreme Court to rehear its writ of certiorari in November. The high court also denied REX’s original petition in late October. Typically, the Supreme Court chooses cases that have national significance or those that give it the opportunity to set an important legal precedent.
Originally filed by REX in March 2021, the lawsuit alleges that NAR and Zillow broke antitrust laws when NAR promulgated its optional no-commingling rule and Zillow redesigned its website in order to follow the rule within the MLSs that adopted it.
Judge Thomas Zilly, who oversaw the case, dismissed REX’s antitrust claims against NAR and Zillow in a summary judgment ruling. REX appealed this ruling to the Ninth Circuit Court of Appeals, which affirmed the lower court’s ruling.
In April 2025, the Ninth Circuit denied REX’s request for a rehearing, leaving REX no alternative but to file with the Supreme Court, which it did in late September 2025.
NAR removed the optional no-commingling rule in June, and the trade group has maintained that the rule does not violate antitrust rules.
“Both the district court and the 9th Circuit Court of Appeals affirmed this, and the Supreme Court has denied certiorari. Local MLSs play a key role in fostering transparent, competitive, and fair housing markets by delivering consumers the most accurate and up-to-date information on home listings,” a NAR spokesperson told HousingWire in November.
“While the optional rule is no longer in effect, NAR remains committed to protecting the benefits MLSs provide agents, consumers, and the industry.”
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