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REX Asks SCOTUS to Revisit Case as Vegas Probe Intensifies

By  |  November 19, 2025

REX, the shuttered discount real estate brokerage that has spent four years pursuing an antitrust case against the National Association of Realtors (NAR) and Zillow, is asking the U.S. Supreme Court to take another look at its lawsuit. The company filed a petition for rehearing nearly a month after the Court declined to review the matter, according to a statement in its Nov. 14 filing.

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    The petition stems from REX’s allegation that NAR and Zillow worked together to hide non-MLS listings on Zillow’s platform. Lower courts have repeatedly rejected the claim, concluding that NAR’s now-repealed “no-commingling rule” was optional and therefore did not amount to a conspiracy. REX originally appealed that conclusion to the Supreme Court in September, but the Court declined to hear the case.

    In its latest request, REX pointed to what it described as a widening split among federal appellate courts over whether trade groups can escape antitrust liability by making certain rules optional. According to the Nov. 14 filing, a recent Seventh Circuit opinion has deepened the divide, a development REX says makes Supreme Court intervention necessary “to resolve the question.” The filing also argues that a favorable ruling “would foster competition in the multi-trillion-dollar residential real estate market,” per a statement included in the petition.

    The company is asking the Supreme Court to require NAR and Zillow to formally respond and to reconsider whether the justices should review the case.

    Related: SCOTUS Rejects Zillow Antitrust Appeal in Real Estate Tech Dispute

    In a separate legal matter, authorities in Las Vegas are turning to the federal courts for direction in a sexual assault case involving former eXp agent Michael Bjorkman. The Las Vegas Metropolitan Police Department (LVMPD) and Detective Jason LaFreniere have requested guidance from the U.S. District Court for the District of Nevada regarding the release of investigative materials, according to a statement in a Nov. 12 court filing.

    The request follows an effort by plaintiffs in a sexual misconduct lawsuit—filed against current and former eXp agents and executives, including Bjorkman—to compel testimony and obtain documents from Detective LaFreniere. Bjorkman’s attorney previously objected to the release of materials on a thumb drive containing interviews, texts, voicemails, and other evidence tied to the criminal investigation.

    Tensions rose during LaFreniere’s Oct. 23 deposition, which was halted after the detective’s attorney said defense counsel made comments that could be “appropriately construed as threats (explicit or implicit).” One such remark referenced “a misdemeanor,” according to the Nov. 12 filing. The deposition was suspended as exchanges became more heated, and LVMPD’s attorney is asking the court for clarity on how to safely proceed, along with judicial oversight of any future questioning.

    Source: Real Estate News