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The National Association of Realtors’ clear cooperation policy is currently the most hotly debated rule in real estate, but it is nowhere to be seen at the trade group’s largest annual event.
On Saturday, at the end of a committee meeting attended by executives from multiple listing services at NAR NXT in Boston, staffers read out questions from the audience. Everyone talks about clear cooperation, but we are not talking about that. ”
This question highlighted a glaring omission from the event’s agenda. The CCP requires listing brokers to list properties on MLSs affiliated with real estate agents within one business day of publicly selling a property, a rule change that resulted from NAR’s settlement of multiple antitrust lawsuits. After receiving it, it suddenly came into the limelight.
Enthusiastic opponents and supporters of the pocket listing rule have been debating its pros and cons for months. NAR’s MLS Technology and Emerging Issues Advisory Committee met twice prior to the meeting and considered the rule changes before ultimately deciding not to recommend any changes and taking the issue to an eight-member panel. I handed it over to the members. NAR Leadership Team.
rodney gunshaw
When asked why a clear cooperation policy is not on the table at NAR NXT, Rodney Guncho, NAR’s director of engagement, told Inman in an interview:
Gancho said NAR already has “ways to get feedback” and is meeting with “a variety of stakeholders.” When asked what that means, Guincho said anyone with feedback can contact him or Jason Sanchez, NAR’s director of MLS.
In response to an audience member’s question about why CCP was not discussed on Saturday, Gancho told attendees of NAR’s Multiple Listing Issues and Policy Committee that NAR is “very thoughtful” in how it approaches policy. said. He pointed to a letter from the Council of MLS (CMLS) warning NAR not to rush into decisions, and said the industry group is following that advice.
“If you have any feedback that you would like to be a part of that information, please contact Jason or contact me,” Gunsho told the audience.
“I would love to have that information provided to me, and I think in the future we might be able to talk about it further and come up with recommendations on how we move forward and things like that.” Masu.”
In an emailed statement, a NAR spokesperson told Inman that “the MLS Technology and Emerging Issues Advisory Committee chose not to make a recommendation regarding CCP at its last meeting, and the feedback it received has been reviewed by NAR leadership. CCP is not on NXT’s agenda because it was submitted to . team.
“That feedback, in addition to other comments received after the last meeting, is being evaluated by NAR as it considers next steps.”
When asked if that meant CCP was not on the agenda, since NAR determined there was sufficient feedback to evaluate the policy and make a decision, a spokesperson said: .[W]Continue to collect feedback regularly through many channels. ”
A spokesperson instructed Mr. Inman: Realtor Magazine Post This means that NAR is assessing CCP as “particularly sensitive.”
NAR’s annual and mid-year conferences include several meetings designed for MLS leadership and those involved in MLS policy to share ideas and communicate with each other about policy concerns. These include the MLS Subcommittee Group, the MLS Association Executive Session, the MLS Forum, and the Multiple Listing Issues and Policy Committee. At this year’s NAR NXT, the industry organization also hosted a “Future of MLS” panel. The Chinese Communist Party was not discussed at any of the meetings.
Dionna Hall, CEO of BeachesMLS, chair of CMLS, and member of NAR’s MLS Technology and Emerging Issues Advisory Committee, said in an interview with Inman that she moderated The MLS subcommittee admitted that CCP was not discussed.
diona hall
“There were some pre-approved questions that we agreed with NAR, so we stuck to those questions rather than discussing CCP,” Hall said.
Hall noted that NAR’s legal team had “placed certain limitations on the discussion just to ensure compliance with antitrust laws.”
“Obviously there are going to be a lot of people in this room who don’t really understand things like setting fees and other things that we shouldn’t be talking about,” Hall said.
“So we all have to really educate ourselves as moderators and make sure that if someone brings it up, we end the conversation immediately so we can keep things running smoothly. I’m trying.”
The moderators were trying to steer people away from antitrust violations, Hall revealed.
“What I’m talking about is that having certain discussions in a room full of people violates antitrust law,” she said.
Hall said he did not know why the Chinese Communist Party was not specifically mentioned at the meeting. However, as a member of the advisory board, she believes there has been a lot of discussion about this policy, and said that as CEO of MLS she has reached out to brokers in the market to ask how they would like the policy changed. Ta. I wish I could be more flexible.
When asked if the NAR leadership team had provided updates on policy deliberations, Hall said “no.”
“I think we’re just at an impasse right now while they’re probably working on some surrounding issues,” she said.
Controversies surrounding MLS policies are not new to NAR. Typically, when the 1.5 million-member trade association considers changes to MLS policy, there is a formal discussion at the meeting, regardless of whether anything about the policy is voted on at that meeting.
It has traditionally been the industry association’s approach to widely publicize potential policy changes, sometimes through multiple meetings, among the brokers and MLS executives most involved in national association governance. When CCP was being considered at NAR’s annual conference in 2019, the room was filled with policy discussions.
Throughout 2023, for the first time in recent memory, NAR’s Multiple Listing Issues and Policy Committee did not propose changes to MLS policy for a vote by the NAR Board of Directors. This is likely because antitrust litigation reached a boiling point in the case known as Sitzer | In Barnett, the jury ultimately found that NAR colluded with major real estate franchisors to increase brokerage fees.
At Saturday’s MLIP committee meeting, Mr. Inman asked Chairman Johnny Mowad why the Chinese Communist Party was not discussed. He left the interview, saying it was “not the job at hand,” and called Charlie Lee, NAR’s senior counsel and director of legal affairs. Lee directed questions about the Chinese Communist Party to NAR spokesperson Mantil Williams.
When asked whether the decision not to discuss CCP at this year’s NAR NXT was made on the advice of legal counsel or fearing legal repercussions from speaking at the event, a NAR spokesperson told Inman issued the same statement provided by the industry group. Regarding questions regarding the Chinese Communist Party in the past.
“NAR will continue to evaluate CCP in the broader context of the issues facing NAR and the industry,” the statement said.
“As a national organization representing members across the country, NAR continues to receive a variety of passionate opinions about the Chinese Communist Party. , we believe that feedback from industry experts should be carefully considered.
“Organizations also need to consider ongoing litigation and the Department of Justice, especially when it comes to the Chinese Communist Party.” [Department of Justice] investigation. As such, NAR will continue to work carefully and diligently to continue reviewing CCPs to ensure decisions are made that are in the best interests of our members and consumers. ”
How NAR collects feedback on policies, who specifically collects feedback, what the NAR leadership team does to evaluate policies, and when decisions are made. NAR did not respond to questions about whether this is planned.
NAR Senior Counsel and General Counsel Matt Troiani told attendees at the NAR NXT Risk Management Issues Committee meeting that the industry group “recently completed a comprehensive risk assessment in addition to its existing panel of outside experts. “We’ve hired a company to help lead the way.” NAR’s current policy. NAR CEO Nikia Wright announced this assessment to the NAR Board of Directors in early October.
When asked if this had anything to do with NAR’s decision to keep CCP off the table in NXT, a NAR spokesperson said, “No, it doesn’t.” NAR declined to comment when asked which outside experts are on the committee or which companies NAR has employed and for how long.
Email Andrea V. Brambilla.
