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Litigation Loop
Dismissed cases are stacking up on appeal, keeping pressure on the industry’s biggest gatekeeper

Splits and Caps Daily: Action for Agents
August 20, 2025
📈 Market Move:
Courtroom Continuance
NAR had a hot streak in July—three lawsuits dismissed, clean sweep. But the “W” parade didn’t last. Every single one of those cases is now back in play on appeal.
The latest? A Texas broker is fighting NAR’s mandatory membership rule, saying it’s basically a pay-to-play monopoly for MLS access. That case, along with two others (one in Pennsylvania, one from Homie Technology), is moving up the appeals ladder.
So instead of a summer victory lap, NAR’s looking at a fall full of courtrooms.
Translation: the fight over who controls MLS access—and by extension, who controls real estate’s distribution channels—isn’t close to over.
🌟Quote of the Day:
“Amateurs sit and wait for inspiration, the rest of us just get up and go to work.” — Stephen King
⚡ Quick Win:
3x Thank-Yous – Text three people today thanking them for something they’ve done. Watch how fast goodwill compounds.
🎉 Fun Fact of the Day:
Cramped Quarters: 🛏️ Napoleon’s bed was smaller than a modern twin. Dude conquered half of Europe but couldn’t stretch his legs.
📚 Book Recommendation:
“Take Control of Your Life” by Mel Robbins — This isn’t your average self-help fluff. Mel Robbins is like that brutally honest friend who doesn’t sugarcoat anything—she just points out that the monster holding you back isn’t the market, your boss, or your parents… it’s fear.
The book is basically one giant therapy session with a coach who keeps saying: “You’re scared. So what? Let’s move anyway.” Mel dives into real stories of people stuck in ruts—paralyzed by fear of failure, rejection, or making the “wrong” move—and then rips those excuses to shreds in real time.
Why you should care: if you’ve ever procrastinated making a call, starting a side hustle, or even asking for what you actually want in your career, this book is like a cattle prod to your nervous system. It won’t make you fearless, but it’ll make you act despite the fear.
Think of it as the antidote to hesitation.
Every day you show up, you get a little harder to stop.
What did you think of today’s edition?
Hit ‘reply’ to this email and let us know!
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