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REX Real Estate Seeks Supreme Court Review of Antitrust Ruling

By  |  September 23, 2025

REX Real Estate has asked the U.S. Supreme Court to examine a lower court ruling that cleared the National Association of Realtors (NAR) and Zillow of antitrust violations connected to NAR’s no-commingling rule. The petition, filed last week, argues that the rule stifled competition, inflated commissions, and ultimately forced REX out of business.

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    The Ninth Circuit Court of Appeals upheld a district court’s decision earlier this year that dismissed REX’s antitrust claims, per Housingwire. In April, the appellate court declined to rehear the case, though one judge signaled a review was warranted. REX is now pointing to a split among federal courts as justification for Supreme Court involvement. According to Housingwire, while the Ninth and Tenth Circuits have determined that optional rules, such as the no-commingling rule, cannot form the basis of a conspiracy, other circuits and Department of Justice guidance have taken the opposite stance.

    Related: Court Sides with National Association of Realtors in Antitrust Dispute

    REX contends that NAR’s very structure—where competing brokers collaborate to set industry rules—amounts to concerted action that falls under antitrust scrutiny. The company further argues that Zillow, despite its stated opposition to the no-commingling rule, actively participated in the alleged conspiracy when it altered its website to comply. Housingwire reported that REX claims these moves harmed competition by sidelining non-MLS listings and forcing them onto a secondary tab, a change that coincided with Zillow’s adoption of IDX feeds from MLSs.

    The brokerage shut down its operations in May 2022, saying the rule and its effects had crippled its business. Its legal fight has since spanned multiple fronts, including false advertising and deceptive practices claims against Zillow. While those were resolved in Zillow’s favor at trial, REX has continued to press the antitrust aspect of the case.

    The no-commingling rule was repealed by NAR in June 2024, with the trade group citing waning usage and relevance. However, in statements at the time, NAR maintained that courts had affirmed the rule did not constitute an antitrust violation.

    Source: Housingwire