The Gibson class-action lawsuit alleges that NAR and major brokerages conspired to inflate seller agent commissions, violating antitrust laws. Despite NAR's previous settlement in the Sitzer-Burnett case, individual brokers enforcing the Clear Cooperation Policy (CCP) face potential legal challenges. Advocates defend the CCP for promoting fair housing, while critics, including attorney Ketchmark, argue it restricts homeowners' rights and is anti-competitive. As NAR evaluates the policy and prepares a decision, the implications for real estate practices and consumer access remain uncertain.
Ketchmark emphasized that individual brokers involved in upholding CCP could still face legal scrutiny, stating, 'Whoever is voting to continue and enforce this rule, if we believe that it is done with anti-competitive goals in mind, we will take their depositions and hold them accountable.'
While NAR has already settled its part in the Gibson lawsuit, Ketchmark dismissed concerns that repealing the policy could lead to large brokerages withholding listings from platforms like Zillow and Realtor.com, arguing, 'I have more faith in the free market than the people who are making arguments like that.'
Ketchmark rejected NAR's fair housing justification for CCP, declaring, 'The trade group has a history of implementing anti-competitive rules designed to hurt consumers and homebuyers.'
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