The American Real Estate Association (AREA) has launched a petition calling on the National Association of Realtors (NAR) to repeal its Clear Cooperation Policy.
The petition on the Change.org site claims that NAR forces real estate professionals to “submit listings to the Multiple Listing Service (MLS) within one business day of public marketing, regardless of their clients’ wishes. This one-size-fits-all mandate violates the fiduciary duty agents have to their clients, forcing them to disclose information that may not be in the homeowner’s best interest.”
The petition stated the policy prohibits homeowners from “publicly marketing or posting about their own properties unless the listing is on the MLS. This overreach by NAR strips away homeowners’ control over how and when to promote their properties, severely limiting their ability to attract offers that may be more aligned with their privacy needs or financial goals.” Real estate agents who don’t follow the policy “face penalties of up to $5,000 simply for following the wishes of the homeowners they are sworn to serve,” the petition added.
AREA, which positions itself as an alternative to NAR, also called on real estate professionals to promote the petition on social media with the hashtag #EndCC.
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I say get rid of nar
🎯🎯🎯
NRA went woke- now they should go broke !
NAR is a FAILED organization that does only promote their INTERESTS, nor that of their FUNDING members. We should be allowed to choose if being members or not, without having to follow suit with the Brokerage we have our License with on one end, more importantly, NAR should loose many of its Members, because of the NONSENSE SETTLEMENT they achieved.
Sorry about typos and grammar.
Our seller clients should be able to choose a time frame that is best for them. It is hard to get photos, videos, social media done and description written within 1 business day. Real estate is not all about the buyers.
Our local MLS allows homeowners from opting out of posting their listing on the MLS, although I have never had one chose that option. Does anyone belong to an MLS that does not allow opt out if the seller requests it? This seems like another non-issue being made out to be an actual problem for someone’s publicity. Curious what other MLS’s do
Sellers aren’t beholden to NAR. Some people are making untrue statements. I do think NAR is probably unnecessary today. Our State organization should be as good an advocate as needed.
I think you are correct. I believe the more local governing is the better. NAR’s attorneys have really done more damage than anyone else. It seems they are not finished with their blundering.
Pretty sure any owner can “opt out” of any term in a listing agreement as long as it’s in writing. IMO this is not a real problem. Seems like maybe AREA is ginning up unnecessary anger in NAR members
In the Houston Texas area, our listing agreements provide options on the timelines to enter listings into the MLS. It can be entered 5 days after the date of the listing, or we can specify the number of days (if time is needed to prepare the home for showing, for example) or the seller can opt not to enter the listing in any MLS at all. I have not seen a requirement that the listing be entered in 1 day.
NAR clear cooperation requires agents to put the listing on their MLS within 24 hours of publicly advertising it i.e. for sale sign, social media.
Most of what was said in the article regarding homeowners was false. I am not a fan of NAR but it is clearly and demonstrably false that NAR prohibits homeowners from posting about their peoperties. The suggestion that that is the case is on its face absurd. Either these AREA have never read the rules, can not read, or are purposedly being deceitful about rules in the hopes they can confused uninformed real estate agents and the public
I agree. They are trying to get rid of the true honest agents that follow the GOOD rules of the industry
NAR needs to release its regulatory strangle-hold on brokers/agents. Given the entrepreneurial character of the real estate business, NAR’s expansive rules, regulations and increasingly bureaucratic characteristics have become an impediment to brokers and agents providing their clients and customers with the best business practices.
David, you hit the nail on the head with your comment!
All thought provoking comments. Home owners should have the right and opportunity to oversee how their property is being marketed.
All your comments are good! Lets be clear here . NAR is a good source of collective data and training . I’m all for change but AREA is digging a slippery slope. NAR is long overdue for a trimming of the fat. Why do we pay so much? They do seem to have gone woke but they are trying to pivot to satisfy our diverse needs at a time when our youth are confused .
My question is why roll over on a verdict that was clearly frivolous as commissions have always been negotiated but having it handled is just as well. NEXT!
It’s about time and we should be required to pay NAR dues
MyStateMLS does not have the restrictions as NAR. We switched years ago and have never looked back.
Me too. However I do have the MLS without having to be a part of any boards.
Some wants to destroy the real estate market.
Yes, follow the money. Who really funded this lawsuit? A corporation that does not want to pay buyer agent commission & hire employees to manage the sales. ALL our millions of agent should start a fund to hire our own attorneys to fight this agreement- not NAR attorneys. Our attorneys. I’d contribute a max. We have power in numbers!
Perhaps if we quit syndicating to Zillow they will not sell us back leads our listings generate. A more impactful loss of free market.
Exactly, I completely agree with you
Amen, to CA Concerned Broker
NAR probably hired very low profile attorneys.
What we need NAR for.
Get rid of NAR
NAR ruined the industry. A buyer doesn’t need to sign a form to go into an open house but yet they have to sign one to view a house with an agent? NAR let these horrible changes occur. They don’t deserve our money that we pay them when they certainly don’t represent us properly.
Exactly NAR sold us all down the river with this stupid settlement, I mean didn’t they know about the 1st Amendment, free speech? If my seller wants to advertise they offer a buyer broker commission, why can’t they do that, the US Constitution says they can, but NAR agreed to NO? Really NAR…
Isn’t the answer simple?? Don’t be a member of NAR and boycott (complain) your MLS if it forces you to be a “Realtor” instead of a licensed real estate agent. Thankfully, in my State it’s not a requirement; however in other states real estate professionals don’t have this option. Time to sue MLS systems that force you to be a member of NAR?? Just sayin
I have used the “opt-out” option many times without issue – it’s a simple form in our state. I will say that I hate that we have 24 hours to get a listing on and all the time limits they impose – they act like parents and we are children.
Not only that, why as a real estate agent am I forced to join the realtor organization that my broker is a member of, just so i can post my clients listing on the mls? get rid of the COLLUSION, I as a licensed agent should be able to post the clients property on a NON monopolized platform that doesn’t cost me $600 a year, one mandatory class lawful requirements and an open market mls. Agents who don’t have access to the mls are at a disadvantage for their clients, but there is no other competitive option——mls is a monopoly.
I quit the NAR and my local association when NAR bailed on Realtors. There’s no value add by the associations any more. Stop paying your dues and make them go bust. The game has changed.
NAR should not have agreed to the Settlement Agreement. A listing/seller Broker can spend their earned commission as they wish, especially if it aids in selling their client’s property. Offering to pay a Buyer’s Broker a part of their commission helps to sell their client’s property.
AREA, looks like another company trying to eliminate an Organization that has created simple to follow, fair and honest rules that keep the playing field level. Maybe it is best that all the agents that want to break the rules, act unprofessional and not in their Client’s best interest leave NAR. Maybe membership in NAR would actually mean something and be worth something if those agents were no longer involved with the organization.