T
he real estate industry is on the cusp of facing significant legal challenges, with two lesser-discussed practices potentially next in line for scrutiny: NAR's Clear Cooperation Policy and the requirement that agents join NAR to access the Multiple Listing Service (MLS).

    NAR's Clear Cooperation Policy, adopted in 2020, requires properties marketed to the public be listed on the MLS within one business day. While intended to level the playing field, it creates a rigid framework restricting agents' flexibility and sellers' options. Critics argue that by banning off-market listings, the policy eliminates alternative marketing strategies that might better serve sellers' needs.

    By loosening the policy's strict requirements, NAR can promote transparency without limiting competition. This would allow agents to tailor their services and provide sellers with more choices for marketing their properties.

    Another contentious issue is the requirement that real estate agents join NAR to access the MLS. Without access to the MLS, an agent is severely disadvantaged. However, gaining access requires paying for NAR membership, which comes with potential legal liabilities. This creates a monopolistic control over the marketplace, limiting competition and forcing agents to pay unnecessary fees.

    Allowing agents to access the MLS without joining NAR would open the market to greater competition and give agents more freedom to choose their professional affiliations. If these practices are not changed, they could lead to significant antitrust lawsuits that could dramatically reshape how the industry operates.