Litigation & Settlements
SAN DIEGO, April 23, 2018 — The three member Associations of Sandicor® MLS have agreed to a final settlement of all lawsuits resulting in a resolution to realign their MLS memberships to service the best interests of their respective association members. Sandicor® MLS is comprised of North San Diego County Association of REALTORS® (NSDCAR), Pacific Southwest Association of REALTORS® (PSAR), and Greater San Diego Association of REALTORS® (GSDAR).
The settlement was drafted and reviewed by attorneys representing each respective Association Of REALTORS®, Sandicor® and CRMLS. All parties involved support the details of the settlement. With this resolution, NSDCAR and PSAR will join California Regional MLS (CRMLS), and GSDAR will obtain its MLS through an entity separate but owned by GSDAR, named San Diego Multiple Listing Service, Inc. (SDMLS). The name Sandicor®, as a distinct brand in the San Diego marketplace, will cease to exist. Each Association has acted with the intention of providing its membership with the most valuable MLS products and customer service.
To ensure all members receive open access to as much information as possible, all three Associations have agreed to share data across both MLSs, maintaining the same county-wide coverage there is currently. MLS Subscribers will continue accessing MLS data and have the same level of access and user experience through Paragon, the software platform San Diego-area MLS users have been using for over three years. All members will continue to have the same look and feel that Sandicor® members have grown accustomed to, with no disruption of service.
In addition to keeping the Paragon system in place for all agents in San Diego County, users will have access to all listings and sold data for the entire county as well. This resolution provides each Association with their desired MLS outcome. It is anticipated to take at least 6 months for the new shared Paragon system to be built. The new system will have the same design and functionality of the current system.
Jan Farley, President of PSAR, commented, “I’m pleased with the settlement. By becoming members of CRMLS, PSAR members will retain seamless access to the MLS system that they are already accustomed to. In addition, PSAR members will have a multitude of industry-relevant products and services available to them to assist in meeting their business needs.”
GSDAR President Steve Fraioli stated, “GSDAR is pleased to see that a settlement has been reached by all parties without any affect to the REALTORS® in San Diego County. GSDAR is looking forward to working with CRMLS, and we are excited about the opportunity to give our members the best MLS to serve their business needs.”
“Reaching a settlement that is beneficial to all San Diego County REALTORS is a victory. I am confident that this resolution is in the best interest of NSDCAR members,” said Carol Farrar, President of NSDCAR.
“Reaching a settlement that is beneficial to all San Diego County REALTORS is a victory. I am confident that this resolution is in the best interest of NSDCAR members,”
Carol Farrar NSDCAR President
Lawsuit Summary of Events
On January 14, 2016, the San Diego Association of REALTORS® (SDAR or GSDAR) filed a lawsuit against NSDCAR, the Pacific Southwest Association of REALTORS® (PSAR), and Sandicor, the regional MLS serving all of San Diego County. This page is provided as a resource to inform NSDCAR members of issues, events and documents related to the suit. This is a living site, so as the suit moves forward, relevant documents will be added. Please check back from time to time.
The links and information below are from the public domain. NSDCAR does not agree with or disagree with the news and information reported here. We simply want to share what is in the public realm with our members and other interested parties.
When fellow REALTORS® sue fellow REALTORS® we find it disheartening.
1/23/18 SDAR’s Opposition to the Motion to Dismiss
1/2/2018 NSDCAR and PSAR file Motion to Dismiss the Fourth Amended Complaint with Prejudice
1/2/18 NSDCAR and PSAR file a motion for Summary Judgement and or Summary Adjudication in Superior Ct.
12/12/17 Order granting in part and denying in part SDAR’s motion for leave to file an amended complaint.
12/19/17 Sandicor Owners Announce an MOU
11/20/17 Sandicor files to oppose parts of SDAR’s fourth amended complaint
11/20/17 PSAR and NSDCAR file to oppose parts of SDAR’s fourth amended complaint.
11/17/17 Court grants SDAR’s request to extend discovery for 60 days.
11/03/17 Motion filed by SDAR to attempt to continue the discovery dates
8/18/17 NSDCAR and PSAR file to compel SDAR to produce discovery documents.
5/23/17 CRMLS announces Datashare with Sandicor. I big victory for NSDCAR members
4/20/17 Ruling on demurrer
4/14/17 Reply in Support of Plaintiff’s demurrer
4/11/17 Opposition of SDAR to Plaintiff’s demurrer to the 1st Amended Complaint in Intervention
3/10/17 Request for Judicial Notice in Support of Plaintiffs’ demurrer to SDAR’s first amended complaint in intervention.
3/6/17 SDAR Leadership delays and asks to reschedule Early Neutral Evaluation Conference to go to France.
2/20/17 Sandicor files cross complaint
1/31/17 Early Neutral Evaluation Conference date set for March 14th to permit an informal discussion between the attorneys, parties, and the settlement judge to achieve an early resolution.
the settlement judge of every aspect of the lawsuit in an effort to achieve an early resolution
1/30/17 SDAR amends its response to PSAR’s & NSDCAR’s suit to dissolve Sandicor
1/10/17 NSDCAR and PSAR file an answer to the court regarding anti-trust complaint
12/20/16 CRMLS CEO posts: A Path Forward, an Open Letter to San Diego REALTORS®
12/19/16 Judge denies NSDCAR and PSAR’s motion to dismiss and allows SDAR to go forward with its anti-trust claims.
12/12/16 Reply to Opposition to Motion to Dismiss filed by NSDCAR & PSAR
11/29/16 NSDCAR files Memorandum of points and authorities in support of plaintiffs’ demurrer to San Diego Association of REALTORS’S complaint in intervention. SDAR lacks the voting power to invoke a purchase of Sandicor shares. SDAR’s interpretation of the corporate code is incorrect. Also Declaration of Frederick K. Taylor in support of Plaintiff’s request for judicial notice in support of plaintiff’s demurrer to SDAR’s complaint in intervention. Includes Shareholder agreement and other documentation.
10/30/16 RIS Media: Associations File to Dissolve San Diego MLS for Statewide System
10/26/16 The Real Daily Story
10/26/16 Inman write-up (Behind paywall)
10/26/16 SDAR statement: Sandicor Future and Future Service
10/26/16 NSDCAR FAQ
10/26/16 NSDCAR releases statement: NSDCAR & PSAR File to Dissolve Sandicor in Favor of Statewide System
10/25/16 NSDCAR and PSAR file complaint in Superior Court of California for the involuntary dissolution of Sandicor
9/5/16 SDAR Third Amended Complaint
5/25/16 Court Order on Motions
5/12/16 Tentative Ruling by Judge
Sandicor Motion to Dismiss SDAR First Amended Complaint
SDAR Opposition to Sandicor and NSDCAR/PSAR Motions
SDAR Opposition to Sandicor Motion to Dismiss SDAR 1st Amended Complaint
SDAR Opposition to NSDCAR/PSAR Motion to Dismiss SDAR 1st Amended Complaint
SDAR Opposition to NSDCAR/PSAR Motion for Attorney Fees
3/28/16 NSDCAR President’s Message: MLS Update.
3/25/16 SDAR amended complaint.
3/22/16 SDAR President’s response to “Your MLS is in Jeopardy.”
3/18/16 NSDCAR and PSAR statement: “Your MLS is in Jeopardy.”
2/10/16 WAV Group article: California Regionals Breaking Ranks.
1/28/16 San Diego Business Journal article: Listing Service Conflict Results in Lawsuit (paid subscription needed).
1/26/16 Sandicor Q&A: Answers questions about ownership and other issues.
1/21/16 San Diego Reader article: Realtor vs. Realtr.
1/15/16 SDAR President statement about the lawsuit to SDAR members.
1/15/16 NSDCAR statement about the lawsuit.
1/15/16 Inman Select article: REALTOR® Association Sues its Own MLS, Accusing Unfair Business Practices.
1/14/16 Lawsuit filed by GSDAR against North San Diego County Association of REALTORS®, Pacific Southwest Association of REALTORS®, and Sandicor.