Your Orlando Florida Real Estate Blog : NAR, DOJ Agree on MLS Policy: REALTORS® Compete, Consumers Win

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NAR, DOJ Agree on MLS Policy: REALTORS® Compete, Consumers Win

By: Vance Remele
Wednesday, May 28, 2008 5:47 AM

CHICAGO, May 27, 2008

NAR settled with the DOJ without financial penalty or admission of guilt.

The National Association of Realtors® has reached a favorable settlement with the U.S. Department of Justice, resolving litigation between them regarding how listings from multiple listing services are displayed on brokers’ virtual office Web sites. The proposed final order, to be filed with the federal district court in Chicago today, validates NAR’s longstanding Internet Data Exchange (IDX) policy and strengthens the rule governing participation in multiple listing services.

What the settlement accomplishes

A win for NAR, REALTORS®, and consumers, and confirm that MlS members must be by actually helping people buy or sell homes.

Full settlement in link below

http://www.usdoj.gov/atr/public/press_releases/2008/233605.htm

http://MickeyRealEstate.com

Comments

Member Since '03	Gregory Bain said: So what's it all mean, Vance? Am I still required to pay membership dues to the National, State, and Local Associations to access and use the MLS? And, do I still pay MLS fees to post listings, or, do we just pay for the IDX link now? Will this "settlement" now require a "new" code of ethics amendment? Will the DOJ refund my tax dollars or is that why George Bush is sending out a stimulus package? May 28, 2008 4:17 PM
Member Since '05	Cyd Weeks said: I'm so confused. Just what has changed? People are already searching on the internet. There are already companies that only work the internet and do nothing else but refer out. You can either accept the referral or not. I'm reading on some sites this is the end of the Realtor® that our income is going to be greatly reduced, etc and then on other sites I'm reading that this is a win for NAR. Can someone forward thinking (you know, those of you who can predict the future?) please explain to me how this effects me and my business? May 28, 2008 6:06 PM
Member Since '06	Vance Remele said: From my seat what this is all about is that now the NAR/local boards mls owned systems will now be open to non Realtors as well, online brokers, discount brokers and Real Estate Agents the 1.7 million of them. Example of change took place without any fan fair was in Orlando on Jan 1st 08 , when the http://www.orlrealtor.com/Main/Main.asp Divested part of the ownership from MLX change for those who may not know is the greater Orlando MLS, that being done in the anticipation of this decision from the DOJ they new in advance.. The competition is now officially open as we now go forward into cyberspace, this includes all kinds of Redfins, blue fins, Zillows and the last but not least our own NLS !!! we are part of, and the line up has only begun. Remember this posting of the brochure by the DOJ? http://www.usdoj.gov/atr/public/real_estate/index.htm Realtors and NAR will still be here and we will have to pay our dues and take ethics classes, and CE pay, pay pay... that's what this is all about, except the consumer wins this round and I am 100% totally delighted , in retrospect NAR lost, my opinion... and I think they need to take there own ethics classes , after all they are the one got sued how much did that cost us ??? hundreds of thousands $$$ and to give us members another kick in the butt in the eyes of the public, when we had nothing to do with it. "If you have a valid Real Estate license and there are NO qualifications at all to become a REALTOR®." So then if there is No monopoly, what is the value of being a REALTOR® ???? Cyd ,is has no effect on our business, the effects of the DOJ benfits the home buyers and home sellers. Mickey Real Estate has not change one bit http://MickeyRealEstate.com Vancepinion, what say you? May 28, 2008 7:04 PM
Member Since '06	Vance Remele said: The next shoe to drop , The Lawyers, monopoly on closings !! http://www.usdoj.gov/atr/public/real_estate/closing_details.htm As you can see it not just Realtors or NAR Let the games begin. http://www.youtube.com/watch?v=4QpWaP2oQew May 28, 2008 7:13 PM
Member Since '04	Vance Remele said: Gregory Bain said: So what's it all mean, Vance? Am I still required to pay membership dues to the National, State, and Local Associations to access and use the MLS? And, do I still pay MLS fees to post listings, or, do we just pay for the IDX link now? Will this "settlement" now require a "new" code of ethics amendment? Will the DOJ refund my tax dollars or is that why George Bush is sending out a stimulus package? All the above Gregory and then some,,,,, !!! :) Basically they have open up the NAR/Local Boards owned MLS systems for the benefit of consumers and all brokers , is what my take is ... MLS Monolpy Listing Service is now open for business to all. May 29, 2008 5:32 AM
Member Since '04	Phil Anderson said: Here's an interesting blog article written by Michael Wurzer about the settlement. (FYI, "VOW" = "Virtual Office Website") http://www.flexmls.com/blog/?p=381 May 29, 2008 8:09 AM
Member Since '07	Nate Covington said: Vance, I think this is good. It may help release the iron grip our local MLS has on us here in the eastern Idaho area, mainly the Pocatello MLS. I think consumers will benefit from this action. Of course we are always behind the 8 ball here, so it may take a while. May 29, 2008 10:19 AM
Member Since '04	Vance Remele said: Nate you are correct and it will release the grip on the board own MLSs around the country, I believe 8,000 of them. I have listings with GE Supra Monopoly boxes on them along with Home Depot combination boxes also ,so Non Realtors and or members of MLS can show the property and that is what this is all about as you know. Here is a site were everyone is welcome and an a innovator to say the least.. http://nls.point2.com/Content/whoCanJoin/whoCanJoin.asp Interesting being ahead of the curve !!already far out in front and being a member of it, ya think! We are only behind the 8 ball because of NAR, we as individual Realtors are only guilty by association we joined and, it got this far in the first place ( More Bad Press for Us) in the court of public opinion that is. May 29, 2008 10:45 AM
Member Since '03	Gregory Bain said: Vance, I think you know my LOVE for the NAR. If ever a group of misfits could ruin a business like those clowns, we would elect them to the US Congress. Having said that, how's that telephone bill? Or the electric and gas bill since the government forced "deregulation" of our public utilities. Water and Sewer since it's been privatized? Oh, forget sewer - no one wants that crap. But, it sure is good to pay $5 for a case of water isn't it. Look, Vance, you may think good things are coming from the DOJ "win", but I'm looking for an exit strategy. Turn the lights out when you leave. May 30, 2008 6:39 PM
Member Since '04	Vance Remele said: Gregory , I could care less about the decision, it is just a (Pacifier) Its the bad press that follows Realtors these past years that concerns me as I always said the two words that hurt us the most are "Anti Trust" look at the pending DOJ lawsuits against certain states Real Estate Commissions out there for not allowing rebates, your state is next on the list.. http://tinyurl.com/56yr8l "Deep Pockets Run Deep" no fuzzy math here... 30 million and counting. FYI Contributions to political campaigns Things that make you go Hmmmm. The National Association Realtors wields substantial power as a lobbying organization on behalf of agents and brokers; in 2005, NAR had the largest Political Action committee in the United States. According to the Center for Responsive Politics, The Association is the United States' third-largest donor to political campaigns, having given since 1990 more than US$ 30 million. Of this sum, an average of 47% has gone to Democrats and 53% to Republicans. Key political issues for the group revolve around federal regulation of the financial services industry. The DOJ Paper Tiger slap on the wrist..decision of 2008 May 31, 2008 4:25 AM
Member Since '03	Gregory Bain said: Vance, you say NJ is next? The NJAR is just getting around to making continue ed a requirement. Bad Press, you say? I say we create our press. Bad agents = bad press. May 31, 2008 11:45 AM
Member Since '04	Vance Remele said: Yes bad press I say Gregory, not by bad apples, but by association,, ethics, continue ed, bi annual ethics coming up this year , bla bla sure we have some bad apples and they will disappear. Anti Trust Realtors: http://tinyurl.com/626g33 around the world wide on the net, in papers ... that is what I have a big problem with and we get the joy of paying for it on top of it all, so they made a deal and got a pat on the hand at the expense of its some of its members and the public that we serve gets a front row seat into how NAR supports the public best interest by being sued....for Anti Trust.. Maybe I will wear a sign on my back that says "Kick Me Again" May 31, 2008 8:12 PM
Member Since '03	Gregory Bain said: Vance, we are forced to be members to earn a living doing what we love to do - sell houses. There are bad apples and they will NOT disappear. While it is true, "cream rises to the top". It is also true that, "so does the scum". We have bad press because of who we (are forced) to 'associate' with to do business. You don't need to wear a sign - just pay your dues. June 1, 2008 6:01 AM
Member Since '04	Vance Remele said: Gregory NJ may not have CE, but they now offer up cash rebates as a tool to promote competition. June 2, 2008 4:20 AM
Member Since '03	Gregory Bain said: Not yet, Vance. It's in the works - unless the state legislature met over the weekend. http://www.njleg.state.nj.us/ I doubt it they can't even come up with a workable budget. June 2, 2008 7:37 AM
Member Since '04	Vance Remele said: Gregory maybe I am reading to much into this, but it looks like it is ok?? hey what do I know. http://www.njleg.state.nj.us/2006/Bills/S3000/2869_I1.PDF 2. This act shall take effect immediately. 30 31 32 STATEMENT 33 34 This bill amends R.S.45:15-17 to permit a real estate broker, 35 broker-salesperson or salesperson to give a client a rebate from the 36 commission that the real estate broker, broker-salesperson or 37 salesperson receives in a transaction. Specifically, the bill provides 38 that a real estate licensee may provide a seller or purchaser a rebate 39 of a portion of the commission paid to the licensee in a transaction, 40 so long as: the licensee and the seller or purchaser contract for such 41 a rebate in advance; and the licensee complies with any State or 42 federal requirements with respect to the disclosure of the payment 43 of the rebate. The rebate paid to the seller or purchaser may be in 44 the form of cash or other thing of value, including, but not limited 45 to, a gift certificate, and may be made at or after the closing. June 2, 2008 1:28 PM
Member Since '03	Gregory Bain said: Yes, that's the bill. It was introduced, but not voted on. As far as I know - but, you may have a better handle on it than me. :) June 2, 2008 3:40 PM