While fully supportive of CCP (thereby leaving myself open to yet more critiques of being a real estate dinosaur despite my forty years of leading successful companies which continue to outperform most others), I must admit it ultimately may prove a quixotic mission due to outward pressures once again purporting to know what's best for the consumer when they are virtually clueless. But in the end, you had me with any Pythonesque reference as indeed the swirl has become increasingly absurd and surreal. It's just a flesh wound.
We don't have to agree with the decision. We don't have to like it. But we do have to have so-called leaders make hard decisions. You know better than most that leading means taking action in the absence of perfect information. I think it's a fair expectation to have of leaders.
it will be interesting to see what administration will head up the doj, ftc. it makes no sense to have a settlement on ccp with the department of justice before an election in view of 2020
I believe we’ll be involved in many discussions at the NAR conference in Boston next week. As a Board of Directors member for both my local and state association, it’s been a topic of conversation for some time now. To assume that NAR and the volunteers who help run the organization aren’t taking this seriously, or that NAR is ‘punting’ it, is an oversimplification.
Is NAR moving quickly and making a snap decision? No. Should they? I don’t think so. Listening to our members is important—especially since the #1 complaint we consistently see and hear is that members feel like NAR doesn't listen to them. Both sides of the debate supporting or dismantling CC are complex.
As a practitioner at a large company, I’m in a good position if CC stays, since we can market internally via our vast nationwide network. That said, my brokerage has been vocal about the need for CC to go away. Previously, I worked at a much smaller local company, which greatly limited my ability to locate or sell off-market properties for clients. Larger firms will manage just fine if CC stays, but smaller mom-and-pop businesses might struggle. One of the (many) reasons I joined a larger firm was access to off market properties.
For example, I have a high-end client right now who doesn’t want to list on the MLS, but if the right offer came along, they’d consider it. I’m unable to discuss this outside my brokerage. How is that serving my client’s best interest?
Rob, You mentioned in the article that the PLS.com case against NAR has an April 2025 trial date. Unless I am mistaken, The PLS.com lawsuit was settled/dismissed in January of this year and is no longer on the court's docket. The only pending antitrust case against NAR challenging the CCP I am aware of was filed by our company, Top Agent Network, with a trial date set for November 3, 2025, before the Hon. Vincent Chhabria in the US District Court for the Northern District of California.
My interest in some of your posts supersedes my embarrassment of becoming "that guy" that seems like a fixture in your comment section....so, here goes.
From 50,000 feet and no dog in this fight, I'm sitting here thinking, is there a business model or system that has not changed post-Internet? I would have thought the decision makers over at NAR foresaw alternative marketplaces and marketing strategies popping up. Maybe they did and didn't care or figured they would win any battle for control?
2025 is right around the corner. IMO, anyone in the business of residential real estate knows down deep that what's happening here now will be different than what will be discussed in 2030. This to shall pass. The solution? Prepare for everything and anything - now. Queue David Bowie "Changes". We'll see. Thanks, Brian
While fully supportive of CCP (thereby leaving myself open to yet more critiques of being a real estate dinosaur despite my forty years of leading successful companies which continue to outperform most others), I must admit it ultimately may prove a quixotic mission due to outward pressures once again purporting to know what's best for the consumer when they are virtually clueless. But in the end, you had me with any Pythonesque reference as indeed the swirl has become increasingly absurd and surreal. It's just a flesh wound.
We don't have to agree with the decision. We don't have to like it. But we do have to have so-called leaders make hard decisions. You know better than most that leading means taking action in the absence of perfect information. I think it's a fair expectation to have of leaders.
Bravely punts....lol
it will be interesting to see what administration will head up the doj, ftc. it makes no sense to have a settlement on ccp with the department of justice before an election in view of 2020
Hard to have a settlement until you get sued. Best to avoid getting sued in the first place.
True, but I think it’s fair to say the DOJ is behind the scenes in the litigation
Good point.
I believe we’ll be involved in many discussions at the NAR conference in Boston next week. As a Board of Directors member for both my local and state association, it’s been a topic of conversation for some time now. To assume that NAR and the volunteers who help run the organization aren’t taking this seriously, or that NAR is ‘punting’ it, is an oversimplification.
Is NAR moving quickly and making a snap decision? No. Should they? I don’t think so. Listening to our members is important—especially since the #1 complaint we consistently see and hear is that members feel like NAR doesn't listen to them. Both sides of the debate supporting or dismantling CC are complex.
As a practitioner at a large company, I’m in a good position if CC stays, since we can market internally via our vast nationwide network. That said, my brokerage has been vocal about the need for CC to go away. Previously, I worked at a much smaller local company, which greatly limited my ability to locate or sell off-market properties for clients. Larger firms will manage just fine if CC stays, but smaller mom-and-pop businesses might struggle. One of the (many) reasons I joined a larger firm was access to off market properties.
For example, I have a high-end client right now who doesn’t want to list on the MLS, but if the right offer came along, they’d consider it. I’m unable to discuss this outside my brokerage. How is that serving my client’s best interest?
The lede:
"NAR appeals to Supreme Court in DOJ battle"
https://www.realestatenews.com/2024/10/10/nar-appeals-to-supreme-court-in-doj-battle
My man… that’s a lede only if the Supremes grant cert. applying for one is a yawn.
Rob, You mentioned in the article that the PLS.com case against NAR has an April 2025 trial date. Unless I am mistaken, The PLS.com lawsuit was settled/dismissed in January of this year and is no longer on the court's docket. The only pending antitrust case against NAR challenging the CCP I am aware of was filed by our company, Top Agent Network, with a trial date set for November 3, 2025, before the Hon. Vincent Chhabria in the US District Court for the Northern District of California.
I think PLS lawsuit was settled with the MLSs, but remains against NAR. https://www.romerdebbas.com/wp-content/uploads/2024/01/PLS-Settles-Antitrust-Dispute-With-Multiple-Defendants.pdf
Could be they settled with NAR as well, but have seen no news about that.
NAR dismissed. https://www.housingwire.com/articles/nar-dismissed-from-pocket-listing-ban-lawsuit/ &
https://storage.courtlistener.com/recap/gov.uscourts.cacd.783853/gov.uscourts.cacd.783853.179.0.pdf
Well, there we go then! I stand corrected!
Hey ROB,
My interest in some of your posts supersedes my embarrassment of becoming "that guy" that seems like a fixture in your comment section....so, here goes.
From 50,000 feet and no dog in this fight, I'm sitting here thinking, is there a business model or system that has not changed post-Internet? I would have thought the decision makers over at NAR foresaw alternative marketplaces and marketing strategies popping up. Maybe they did and didn't care or figured they would win any battle for control?
2025 is right around the corner. IMO, anyone in the business of residential real estate knows down deep that what's happening here now will be different than what will be discussed in 2030. This to shall pass. The solution? Prepare for everything and anything - now. Queue David Bowie "Changes". We'll see. Thanks, Brian
I recall that passing it in 2019 was done with lightning speed...just sayin'