MLSs Under Pressure: Compass Joins Ketchmark in Push to Reform Clear Cooperation Policy

Just days after attorney Michael Ketchmark publicly warned National Association of Realtors (NAR) brokers about potential legal repercussions if they vote to maintain the controversial Clear Cooperation Policy (CCP), Compass has intensified the pressure. The brokerage giant recently sent letters to multiple MLSs, urging them to reconsider enforcing CCP, hinting strongly at litigation risks if they fail to act.

As Rob Hahn outlined in his recent analysis, Compass’s message to MLSs was clear: adopt flexible enforcement models similar to those already implemented by key MLSs such as Bright, SFAR, and MRED, or risk being targeted in court. Hahn noted the letter contained “a suggestion with a hint of threat: ‘your MLS is subject to litigation risk’ and ‘would create additional legal risks.’”

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Attorney Michael Ketchmark Warns NAR Brokers: Repeal Clear Cooperation or Face Legal Action

The National Association of Realtors (NAR) is on the verge of making a pivotal decision about its controversial Clear Cooperation Policy (CCP)—a rule requiring listings to be submitted to a multiple listing service (MLS) within one business day of public marketing. Now, attorney Michael Ketchmark, lead counsel in the landmark Sitzer lawsuit, has issued a stark warning: if NAR brokers vote to maintain the rule, he may take legal action against them.

Ketchmark, in an interview with Inman News, made his stance clear: “It’s my expectation that after this meeting, when this comes to a NAR vote overall, that they’ll do the right thing and remove that policy and let the free market continue to work.” He added that if the rule remains, his firm will scrutinize the motivations of those involved and determine whether anti-competitive behavior is at play. “We’ll take the depositions of the people involved and figure out exactly why they did that and what was the motivation behind it, and then make a decision at that point on how to proceed,” Ketchmark told Inman.

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