Former president of Pennsylvania Realtors is suing PAR and NAR over membership agreements

The lawsuits are against the National Association of Real Estate Agents (NAR) three-way membership deals continue to pile up. W. Preston Moore, a former president of the Pennsylvania Association of Realtors (PAR) and an agent with Howard Hanna Real Estate Servicesfiled its antitrust lawsuit in U.S. District Court in Pittsburgh in late November and is representing itself.

Moore was named president of PAR in January 2024, marking the first time the trade group had a Black president. But PAR suspended Moore in June, barring him from membership rights in state-level associations until the end of June 2025. Moore was not removed as president of the association, but his suspension prevented him from carrying out his presidential duties.

In addition to NAR and PAR, the suit also states the New York Real Estate Association, New Jersey Real Estate Agentsthe Pennsylvania Real Estate Commission and the Black Caucus of the Pennsylvania House of Representatives as defendants.

Several PAR officials are named as defendants. They include CEO Michael McGee, current President Bill Lublin, newly elected President David Dean, Chief Legal Officer Hank Lerner and Chief Growth Officer Kevin Juliano. PAR members Albert Perry III and Chris Beadling, as well as Katheryn L. Simpson – an attorney at Mette, Evans & Woodsiderepresenting the state real estate agent associations in New York and New Jersey were also mentioned.

According to the lawsuit, Moore is suing the defendants for their alleged “discriminatory practices, antitrust violations, coercive membership, and civil rights violations, particularly with respect to minority demographics and unjust enforcement of regulations.”

The lawsuit focuses on NAR’s three-tier membership agreement, which requires agents and brokers to affiliate with a local, state and national broker association to be eligible for membership in a broker association at any level. It also addresses a rule among many broker-affiliated MLSs that licensees must join NAR to access the MLS.

Moore alleges that the membership rules “stifle competition and restrict market access, forcing professionals to comply with NAR rules and dues without viable alternatives,” according to the complaint. “Forced membership disproportionately affects minority and lower-income professionals, who may not have the financial resources to pay mandated dues.”

This is the second lawsuit filed in Pennsylvania involving NAR’s three-party agreement. Similar cases have also been filed in Michigan, Texas, Louisiana and California.

In addition to the claims Moore has made about NAR’s tripartite agreement, he also alleges discrimination against minorities, particularly when it comes to the handling of ethics complaints. This is similar to plaintiff Maurice Muhammad’s arguments in the other lawsuit recently filed in Pennsylvania.

“Members of minority groups, including Plaintiff, have faced unequal enforcement of ethical standards, while white members who engage in similar conduct are not held accountable,” Moore wrote in his complaint. “Leadership structures within NAR and PAR favor non-minority individuals, leading to policies that fail to protect minority members.”

According to the complaint, Moore believes NAR has failed “to provide due process in the context of harassment allegations, especially when high-level leaders within a brokerage association are involved.” He also alleged that the unspecified allegations at the heart of the complaint were not adequately investigated by NAR.

“Plaintiff was unlawfully suspended, indicative of a broader culture within the organizations that promotes retaliation and microaggressions against minority members,” he wrote.

The complaint accuses the defendants of violating the Sherman Act, the Clayton Act, the Civil Right Act of 1964, and the Fair Housing Act, as well as breach of contract and violation of due process rights under the Fourteenth Amendment.

Moore is seeking a jury trial and seeking injunctions requiring the defendants to “reform their processes to ensure fair treatment of all members” while prohibiting them from “engaging in coercive membership practices.” He is also asking for reinstatement as PAR president until 2024, and for compensatory damages, punitive damages and attorneys’ fees.

The defendants did not return HousingWire‘s request for comment.