The article highlights the ongoing legal concerns within the real estate industry, particularly regarding how agents present the option for sellers to list properties off the MLS (Multiple Listing Service). Lawyers like Douglas Miller assert that misleading practices risk causing harm to both clients and the industry's integrity as agents may have ulterior motives, such as securing double commissions. In light of recent antitrust litigation, many brokers are distancing themselves from the National Association of Realtors (NAR) to mitigate liability risks, as they no longer fully trust the association's policies or guidance.
Much of the legal concerns expressed by Pareja and Dwiggins lies in how the option to list a property off the MLS is presented to sellers.
After a year characterized by antitrust litigation in the real estate industry, Sterbcow believes many agents and brokers are looking to distance themselves from NAR in an attempt to lessen their potential liability.
The reality is, continuing on the MLS and continuing with the Clear Cooperation Policy, all that does is just puts all of these big brokers back into a position of potential antitrust issues in the future.
When you have an organization like NAR that has a monopoly over a utility which the MLS is, as it's a required tool for Realtors.
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