Musings on the NAR vs. USA Lawsuit

Back in July, I wrote about the Department of Justice (“DOJ”) unexpectedly pulling out of the settlement agreement it had reached with NAR and said: The withdrawal, then, combined with the above (voluntary dismissal plus broader investigations) clearly signals that the DOJ will be pursuing other antitrust claims relating to NAR’s rules. Under a stipulation … Read more

REX v. Zillow Goes Forward: Analyzing the Court’s Decision

One of the lawsuits going on right now, which I’ve discussed in podcasts and such, is REX v. Zillow. I didn’t really write on it before for a variety of reasons, the biggest of which is that I regarded the lawsuit as an unfortunate waste of time for everybody involved. Another reason is that I … Read more

On BrightMLS’s Off-MLS Study

I’m busier than a one-legged man at a butt-kicking contest… but I wanted to get this post up as the folks over at BrightMLS (Thank you, Rene! Thank you, Elliot!) were kind enough to chat with me on Friday. It will necessarily be short… well… short for me. In case you missed it, BrightMLS recently … Read more

The Shape of Regulation to Come, Part 2: Introducing RINRA

In Part 1, I speculated on the obvious first-order regulations headed our way as an industry, as well as the need for further regulation and enforcement mechanisms that those top-level regulations will create. In particular, I thought that the government (whether FTC or someone else) will need to figure out how to get information and data from the industry and provide oversight:

However I think these things through, I can’t escape the fact that any government regulation of these rules and policies requires if not regulation of the MLS, at least direct oversight of the MLS. At a minimum, it requires data collection and/or reporting from the MLS to whatever enforcement agency to make sure that the rules and regulations are being followed appropriately.

Just like mortgage banks and health insurance companies are required to submit information and reports to regulators, the MLS will have to be required to submit information and reports to regulators. And that’s at a minimum. At the maximum is total government control, a government-operated listings exchange.

The reality, I thought, was somewhere in between minimal reporting requirements and government-operated listing exchanges.

Turns out, there is a model already existing, already successful, and already operating that fits rather perfectly: FINRA, or the Financial Industry Regulatory Authority. A RINRA, or the Realty Industry Regulatory Authority, would accomplish almost everything the government wants to accomplish, win support from huge segments of the industry, as well as garner support from the think tanks, media, influencers and the various nonprofits that want to see the real estate industry change.

Do the Rich Need Buyer Agents?

Last week, I saw something that is not an uncommon sight here in Las Vegas. This was parked outside my office building. That is a 2021 Lamborghini Urus (it had paper plates still on it). This is a car which starts at $222K but with options and such, it’s normally for sale around $300K. I … Read more

DOJ Ends the Armistice with NAR: Back to the Trenches We Go

[UPDATE: To celebrate Independence Day, I’ve decided to make this one open to everyone. My VIP subscribers have mostly already read it over the weekend anyhow, and the issue is important enough to the industry as a whole that I thought it an appropriate July Fourth gift of sorts. Yay, ‘Murica!] I was traveling most … Read more

The Notorious POD Ep 20: Scott Brady on Integrated Brokerage + Property Management

As the country steadily moves towards #RenterNation, the future of brokerage may be in a combined horizontally integrated company that offers services in property management, leasing, and property sales. I speak to Scott Brady, owner of Progressive Property Management, Progressive Association Management and Partners Real Estate Group, and a pioneer in the combined prop. mgtm … Read more

Blockchain and Real Estate: Starting to Think About It

For a variety of reasons, I’ve gotten interested (again) in blockchain technology. The last time I really addressed this was back in August of 2019, when I wrote ShelterZoom, Blockchain and Real Estate. In that post, I think I was rather skeptical, writing: TL;DR: Blockchain might be the future, but it isn’t the present or … Read more