I thought this was the swimsuit against basically forcing the sellers that list (supposedly negotiable) to compensate any 'cooperating' buyers' representation/agent/brokerage.
Cooperating LOL Yeah, cooperating against you as the seller.
We all love paying for the privilege of having someone negotiate against us, but I don't think this swimsuit holds water😎
@Steve Vaughan There are a few lawsuits filed right now against NAR and various MLS's around the country. The one you may be thinking of is the Chicago DoJ vs NAR one that was settled. But it won't be the last I'm sure.
Clear Cooperation policy — which had been dismissed in 2021 — will be able to proceed.
December 21, 2023 Robert Davis Real Estate News
California
District Judge Vince Chhabria agreed to reopen a lawsuit against the
National Association of Realtors that seeks to prohibit agents from
selling so-called "pocket listings," or properties that are not listed
for sale on the MLS.
Background: Private
listing service Top Agent Network sued NAR in May 2020, challenging the
organization's Clear Cooperation policy, which states that an agent or
broker must submit their listing to the MLS within one day of marketing
the property to the public. The lawsuit alleges that NAR conspired with
the San Francisco Association of Realtors to force agents to list their
properties on the MLS, thereby increasing the dues and membership fees
that NAR collects. It was filed in the Northern District of California.
New developments: The lower court review has now concluded. On Dec. 18, the district judge filed an order to reopen the case, vacating the previous order granting a motion to dismiss.
What's at stake: TAN
CEO David Faudman has previously argued that NAR's Clear Cooperation
policy effectively prevents private listing services like his from
gaining a foothold in local markets. In August 2021, he described the policy to Reuters as "just another anticompetitive attempt by the NAR to use its monopoly power to crush market alternatives."
A
spokesperson for NAR told Real Estate News in September that the Clear
Cooperation policy "ensures brokers and agents serve the best interest
of their consumers and promote equal opportunity for all."
Some
MLSs, including REcolorado, have also defended NAR's Clear Cooperation
policy. REColorado described it on their website as "pro-competitive"
and "pro-consumer."
