M
auricio Umansky, CEO of The Agency, has vowed to take on the National Association of Realtors (NAR) in court over its Clear Cooperation policy. This move comes as industry leaders and others weigh in on the contentious issue. Umansky argues that sellers should have the right to choose how they market their homes, while NAR's policy requires brokers to enter listing information within one business day.

    Compass CEO Robert Reffkin has sided with Umansky, calling the policy "reckless" and potentially anticompetitive. He also pointed out that agents' dues are being used to defend the rule in court, which could ultimately benefit companies that were put out of business by Clear Cooperation. Redfin CEO Glenn Kelman, on the other hand, supports the policy, saying it creates a fair and open marketplace.

    The issue has been debated at length, with some arguing that pocket listings are exclusionary and limit access to certain buyers. Studies have shown that buyers of color may be disproportionately affected by these listings. The NAR's MLS Technology and Emerging Issues Advisory Board recently met to discuss potential policy changes, including the co-mingling of MLS and non-MLS listings.

    The board will reconvene in October to consider next steps, weighing a range of perspectives from stakeholders, including buyers, sellers, and real estate professionals. The outcome of this debate has significant implications for the industry, with some arguing that it could lead to more transparency and fairness in the market.