Mauricio Umansky, co-founder of The Agency and the American Real Estate Association, has re-opened a lawsuit against the National Association of Realtors’ (NAR) Clear Cooperation Policy.
The New York Times reports the lawsuit was first filed on behalf of the Pocket Listing Service (PLS) in 2020 and was paused last year amid NAR’s settlement proceedings. Umansky alleged NAR’s policy was created in response to PLS, which has nearly 20,000 real estate professionals on its platform.
Umansky, who created PLS in 2017 as a platform to encourage private listings, had previously argued the MLS feeds were “the longest-standing monopoly in America” and claimed NAR’s role in the MLS system was “the quintessential definition of a conspiracy under antitrust laws.”
NAR responded to the lawsuit with a statement that said, “NAR and PLS were in discussions to extend this agreement until PLS ceased to engage. Last night, PLS refiled its suit. NAR will respond directly to the plaintiff’s claims in court. The Clear Cooperation Policy promotes transparency and competition in the real estate marketplace while still providing home sellers and their agents the option to list their property as an office exclusive.”
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I sincerely hope he wins. NAR needs to go. All Real Estate is LOCAL! State boards are more than adequate to handle the necessities and are far better equipped to do so. NAR is not just “a quintessential definition of a conspiracy under antitrust laws.” NAR is a bloated bureaucracy whose only interest is in its own survival.
It’s about time someone did something I was in real estate for years, became an appraiser,rented an apartment and got screwed by the real estate company. I filed a grievance with the real estate commission and got no response. Good for Mr Umansky!
NAR just grabs Realtor’s dues, no discussion, no voting by members and crammed through the WORST Anti-buyer, Anti-Buyer’s Agent “Settlement”. No, they need to be disbanded and a true organization that is Agent oriented is needed! The ONLY reason to be a member is for the RE Forms, period. Terrible organization.
I never understood how this clear cooperation works since this lawsuit. when MLS no longer allows us to show if there is any seller cooperation to compensate a buyers agent. It is like a secret now. Most sellers still pay the buyers agent or they don’t have many buyers. This whole thing was just crazy! It is so much more complicated to work with buyers who are having a tough enough time making a purchase.
Not only do I support him, I would happily join him in a suit to stop NAR from requiring local MLS associations from collecting NAR dues to be a member of the local MLS. (see definition of conspiracy) This may require adding local MLS associations to the suit but I think he would have no problem making it a class action suit. NAR has been the (bully) in the business for far too many years and their existence is no longer necessary. It’s time for the real estate agents and brokers to take back control of our industry and careers and let the sellers choose how, where and when their properties are being marketed.
I agree with all of the above. NAR is a bloated toxic organization that does nothing productive or positive for those of us who are forced to not only belong to them but pay them as well.
I am so with you on your opinion. You are absolutely correct. I left Real Estate because of
losing our choice to sell real estate or be indentured to NAR. I felt like I was forced into a
“union” I was doing great without; as being a NAR Realtor made no difference to my buyers
and sellers. They hired me for my specific skills, expertise, and experience. Thank you.
Thank you Mauricio!
I’ve been in the business 27 years. It’s been a beautiful thing.
Please let’s get rid of NAR! They’re destroying our Real Estate business.
I agree with Mauricio, my sentiments are the same that has been express regarding NAR.
I believe now is the time for change.
I became licensed in 1993-1994. I was a state licensed appraiser that decided to segue into real estate sales and marketing as I developed a couple single-family developments.
The area and region I worked in was rather rural; without a sanctioned MLS. The real estate practice mind-set was extremely provincial… A sign on the property and no real information sharing between competing firms. I don’t believe this arrangement served the public well…
Buyer Representation was becoming an accepted practice and cooperation between listing and buying competitors was posted, accepted and understood.
What’s transpired recently with our National Association and a couple large organizations simply painted all Realtors as guilt; even criminal.
I couldn’t be more disappointed in the capitulation in the face of an expanded lawsuit!
I’ve supported the National, State and Local Associations proudly; until now!!
Respectfully, Lance Weyeneth / Independent Broker – Owner.