Thompson Broker: What Does That Even Mean?

ORLANDO, Fla. – Way back in 1991 there was a landmark antitrust lawsuit appeal decision in the Eleventh Circuit. This lawsuit established the right for real estate brokers to access a Multiple Listing Service (MLS) without being required to join the local Realtor® association. Now, this case didn’t change MLS membership requirements nationwide – it was only applicable in the Eleventh Circuit, which includes Florida, Georgia and Alabama. 

The case that prompted this change is Thompson v. Metropolitan Multi-List, Inc., 934 F.2d 1566 (11th Cir. 1991). The case is sometimes also referred to as Thompson v. Dekalb County Board of Realtors. Fletcher Thompson was a real estate broker in Atlanta. He wanted to access the local MLS without having to join the local real estate board.

Thompson alleged that Metropolitan Multi-list, Inc. violated the Sherman Antitrust Act by requiring membership in a Realtor association to access the MLS.

The Eleventh Circuit ruled non-Realtor members must be given access to the MLS if the MLS has significant “market power”. The key outcome of the decision prevented tying the requirement for membership with the National Association of Realtors® with MLS access. Since the ruling, the term “Thompson broker” has been used to describe non-Realtor brokers who access an MLS without association membership.

Much more recently, NAR, at their annual conference this year, voted to make access to the MLS a matter of local discretion.

But, in Florida, Georgia and Alabama, the Thompson case has been the precedent for quite a while. So, these recent NAR changes do not really change anything here in Florida.

If you have general questions about Thompson brokers, please call the Florida Realtors® Legal Hotline at 407-438-1409.

Maria Marchante is Associate General Counsel

Note: Information deemed accurate on date of publication.

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