Top Agent Network's case against the National Association of Realtors' Clear Cooperation Policy will move forward after the Ninth Circuit court ruled to overturn a lower court ruling on Monday
The antitrust enforcer will get 5 minutes at oral arguments in Top Agent Network's appeal to overturn a lower court ruling tossing its case against NAR's Clear Cooperation Policy
Top Agent Network's appeal alleges the Clear Cooperation Policy's goal is to safeguard NAR's business model, which relies on dues revenue from nearly 1.6 million agents and brokers
Judge voiced concerns that the Clear Cooperation Policy could have anticompetitive effects but suggested TAN was the wrong plaintiff to bring suit
Top Agent Network argues that office exclusives result in less inventory, less exposure for listings and less consumer choice while benefitting large brokerages
Judge says agents don't have a right to benefit from the contributions of fellow Realtors while withholding their own listings. Top Agent Network criticizes policy's exception for office exclusives
Top Agent Network asked for the order two weeks ago in an attempt to stop the National Association of Realtors from enforcing the Clear Cooperation Policy
Top Agent Network alleges Zillow's 'Coming Soon' feature a 'copycat product'