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New NAR DOJ Agreement Regarding MLS Rules

11/20/20: Yesterday, the US Department of Justice filed a new antitrust complaint against the National Association of REALTORS.   NAR and the DOJ have negotiated a settlement agreement. It appears that this will have very little impact on State-Wide MLS participants but details will be forthcoming as specific language is fleshed out.  Here are the key points:

  • PROHIBITED CONDUCT NAR and its Member Boards must not adopt, maintain, or enforce any Rule, or enter into or enforce any Agreement or practice, that directly or indirectly:
    • prohibits, discourages, or recommends against an MLS or MLS Participant publishing or displaying to consumers any MLS database field specifying the compensation offered to other MLS Participants;
    • permits or requires MLS Participants, including buyer Brokers, to represent or suggest that their services are free or available to a Client at no cost to the Client;
    • permits or enables MLS Participants to filter, suppress, hide, or not display or distribute MLS listings based on the level of compensation offered to the buyer Broker or the name of the brokerage or agent;
    • prohibits, discourages, or recommends against the eligibility of any licensed real estate agent or agent of a Broker, from accessing, with seller approval, the lockboxes of those properties listed on an MLS.
  • Read more and see FAQs here.

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