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

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.

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Real Estate Agents Grapple with Growing Dissatisfaction Toward the National Association of REALTORS®

NAR Dissatisfaction by Agents

A recent industry-wide survey has revealed a notable shift in real estate agents’ attitudes toward the National Association of REALTORS® (NAR), highlighting growing dissatisfaction and skepticism among professionals. Over half (51%) of surveyed agents reported an unfavorable view of NAR, a significant increase from just 19% the previous year. This stark change is largely driven by the aftermath of the NAR settlement, which imposed stricter transparency requirements and fundamentally altered how commissions are communicated and negotiated, causing disruption in traditional brokerage practices.

Agents are feeling the impact directly in their day-to-day business, with nearly two out of five (38%) stating the settlement negatively affected their operations. More than half (54.4%) have noticed heightened client demands for commission negotiations, reflecting increased pressure to justify their services and fees. According to Redfin, which conducted the survey, this growing dissatisfaction with NAR underscores a deeper struggle within the profession, as agents grapple with declining commissions, increased competition, and shifting consumer expectations.

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Agents, NAR Just Changed the Rules—What the New Listing Policy Means for You

National Association of REALTORS (NAR) Clear Cooperation Policy

Today, the National Association of REALTORS® (NAR) unveiled important updates to its widely debated Clear Cooperation Policy (CCP). After extensive discussions involving real estate brokers, MLS executives, agents, and industry legal experts, NAR introduced the “Multiple Listing Options for Sellers” initiative, designed to enhance seller options and address concerns about market fairness and consumer flexibility.

In previous articles, I’ve detailed why the original CCP faced significant opposition, notably highlighting attorney Michael Ketchmark’s recent public warning directed at NAR brokers. Ketchmark, who represented plaintiffs in the high-profile Sitzer antitrust lawsuit, explicitly warned that brokers who continued supporting CCP risked facing antitrust legal actions.

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The Growing Push for Private Listing Networks: What Home Sellers Need to Know

A growing number of real estate brokerages are steering sellers toward private listing networks rather than listing homes on the Multiple Listing Service (MLS). According to a January 2025 Harris/Zillow poll, this shift is happening despite a lack of consumer awareness about what private listings mean—and how they can impact a home sale.

The survey of over 2,000 U.S. adults highlights an alarming trend: most sellers aren’t being given all the facts about listing options. Here’s what you need to know before deciding where to list your home.

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The Changing Landscape of MLS Ownership and Access in the U.S.

Realtor MLS

As the real estate industry evolves, so does the structure and accessibility of Multiple Listing Services (MLSs). Traditionally, most MLSs were owned and operated by local Realtor associations—meaning that agents had to be members of the National Association of REALTORS® (NAR) to access them. However, recent trends show a significant shift toward broker-owned and independently operated MLSs, sales to private investors, and a growing openness to non-REALTOR® access. In this article, we explore these developments and what they could mean for agents, brokers, and consumers across the country.

Broker-Owned and Privately Held MLSs

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