
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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