Anywhere Real Estate Inc.’s Post

The perspective on reform versus repeal in Clear Cooperation highlights a necessary conversation about balancing the needs of agents and consumers. It's encouraging to see leadership that prioritizes constructive change for the benefit of all stakeholders in the real estate community.

(1) NAR's CCP is actually quite shallow and it does not prevent pocket listings at all, because, off-market properties can be shared exclusively within a brokerage. NAR's CCP keeps brokerages from utilizing alternative methods of advertising properties outside of thier brokerage (such as social media, or alternative MLS systems) without also giving access to that data to NAR-affiliated MLSs within one business day. (2) The NAR's CCP is illegal under Sherman Act because it "makes it virtually impossible for new competitors to enter, leaving agents with fewer choices, supra-competitive prices, and lower quality products.” https://casetext.com/case/top-agent-network-inc-v-natl-assn-of-realtors-3 (3) Valid CCP is possible to implement, but it must target the actual pocket listings, without also affecting the market for listing services (or alternative MLS systems) https://geodoma.com/fair-display#fair-009 (4) You can't have a weak CCP - either CCP covers all participants listings, or it should not exist at all. MLS can force brokers to share listings, but the better question is - Why can't brokers simply do the right thing? Without trust and transparency, you should not be in this business - you'll just keep getting sued.

Congrats!