Real Estate From The Trenches

DOJ Picks Roger Alford—What it Means for NAR, Clear Cooperation, and the Future of MLS

April 3, 2025

Roger Alford - DOJ - NAR and Clear Cooperation

There’s been a major development at the Department of Justice (DOJ) that’s got my attention, and it should have yours too. Roger Alford, a law professor from Notre Dame with extensive antitrust experience—most notably as an expert witness for plaintiffs in the landmark 2023 Sitzer/Burnett lawsuit against the National Association of REALTORS® (NAR)—has just been appointed Principal Deputy Assistant Attorney General for the DOJ’s Antitrust Division. To put it plainly, that’s big news for real estate.

I’ve written extensively about how DOJ scrutiny is reshaping our industry, particularly regarding policies like Clear Cooperation and mandatory REALTOR® membership for MLS access. Alford’s appointment signals loud and clear that the DOJ isn’t backing off anytime soon—in fact, they’re doubling down. In the Sitzer case, Alford testified that NAR’s Clear Cooperation Policy (CCP) isn’t designed to benefit sellers, but rather to preserve MLS monopoly power by cutting off alternative options for agents. With him now positioned at DOJ, expect intensified scrutiny around rules that limit competition.

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

March 18, 2025

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.’”

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

March 18, 2025

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.