Advertisement

Judge Rules in Favor of SDAR to Move Lawsuit Forward

Claims Include NSDCAR and PSAR Used Sandicor as Anticompetitive Weapon, Wasted Resources and Misused Governing Authority

Marketwired

SAN DIEGO, CA --(Marketwired - December 20, 2016) - Rejecting their most recent challenge, U.S. District Court Judge Michael Anello (U.S. Southern District of California) denied the North San Diego Association of REALTORS® (NSDCAR) and the Pacific Southwest Association of REALTORS® (PSAR) joint motion to dismiss a portion of the lawsuit filed against them by the Greater San Diego Association of REALTORS® (SDAR). With this ruling, NSDCAR and PSAR must now answer the lawsuit and all 11 causes of action as the case moves forward.

"I'm hopeful that the court's lengthy rebuke will curb further, similar, issues, and cause the defendants to reconsider their ill-conceived lawsuit seeking dissolution of Sandicor. In the meantime, we are confident in our ability to meet our members' needs, and ensure that the data is protected and remains uninterrupted and unrestricted," said Cory Shepard, SDAR President.

Filed in January 2016, the lawsuit claims NSDCAR and PSAR misused their authority in managing Sandicor, the region's sole multiple listing service provider. SDAR seeks changes in Sandicor's governance structure, as well as compensatory damages.

"We are glad to see the court recognizes the merits of all of our claims," said Shepard. "Our goal all along has been to ensure that our 13,000 members, and all MLS subscribers in San Diego County have access to the best MLS system possible. That includes making structural and operational improvements to Sandicor, ensuring there is no interruption in service, and demonstrating that our members have a local association that stands up and fights for their interests."

According to details included in the claim, SDAR is providing a number of member benefits that are being hindered by NSDAR and PSAR. In fact, SDAR develops and offers innovative products and services for its members, while NSDAR and PSAR opted to join forces and restrict SDAR's ability to provide needed member services. Examples provided in the complaint include:

  • SDAR developed "Just Knock" to provide hyper-local community resources to local brokers and agents. This program relied on access to local MLS data. NSDAR and PSAR conspired to cut off SDAR access to this MLS data in an effort to frustrate and prevent competition.

  • SDAR negotiated to provide "Showing Suite" for local members that relied on access to MLS data. NSDAR and PSAR conspired to deny SDAR access to the data unless it was offered for use by competing organizations.