Zillow, NAR can’t reject antitrust lawsuit for itemizing modifications

Law360 (Sept. 2, 2021, 9:55 p.m. EDT) – A Washington state judge on Thursday refused to dismiss antitrust claims for Zillow’s creation of separate real estate listings that relegated a broker’s listings to a nondescript “Miscellaneous” tab, if only marginally rolling back claims against the National Association of Realtors.

The US District Judge Thomas S. Zilly kept all antitrust claims of the technology-oriented real estate company REX-Real Estate Exchange against Zillow and NAR intact. He also kept REX’s false advertising claims against Zillow intact, but threw back those allegations against NAR while allowing the broker to change the allegations.

Among other things, Judge Zilly rejected claims that REX was …

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