It's All About Steering, Redux
I'd like to help the quality of public discussion on the post-apocalypse commission rules
In recent weeks and months, now that the United States has laid its cards on the table with the most recent DOJ Statement of Interest in Nosalek, there has been a surge in the real estate community about what the future rules would and would not allow.
I thought it might be worth revisiting years of old posts (relax — not all of them) to point out that the commission lawsuits from the very start have been all about steering.
Therefore, any future construct that the courts and the government will allow must deal with the problem of steering. Any new methodology that does not eliminate steering will not be approved, and if anything, simply set the groundwork for the next set of lawsuits. (Though I think the DOJ wants to put real estate to rest finally, after 100 years of war.)
Of course, I could very well be wrong. I’ve been wrong before, and I’ll be wrong again, but as you discuss what new rules and what operating procedures you’ll need to consider, keep the importance of steering front and center. This is particularly important if you are in MLS leadership of course, and must come up with new compensation rules.
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