CRMLS Says No to New NAR Listing Policy, Citing Clarity Over Complexity

NAR CRMLS NO

Last month, NAR rolled out a new MLS policy they’re calling “Multiple Listing Options for Sellers.” The idea is to let sellers delay when their listings appear on IDX sites and third-party portals, even while they’re actively marketing the property. It’s optional for MLSs, and CRMLS didn’t waste any time reviewing it—and flat out said no.

Why? Because we don’t need it. CRMLS’s current system already gives brokers the ability to opt out of IDX and syndication. Adding a new listing category just to hit a checkbox creates more problems than it solves. We’re talking more confusion, more compliance issues, and more explaining to do with sellers who just want to know where their listing is showing up online.

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Will You Pay Less to Sell Your Home Soon? What the DOJ’s Latest Move Could Mean

What home buyers and sellers need to know

If you’re thinking about buying or selling a home—whether you’re working with a real estate agent or exploring other options—there’s a major shift underway that could soon impact your choices and your bottom line.

Roger Alford, a former law professor and antitrust enforcer with the U.S. Department of Justice (DOJ), has just been appointed to one of the most powerful antitrust positions in the federal government. This may sound like insider legal news, but it has very real consequences for anyone trying to navigate the housing market.

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Wake-Up Call for Realtors: Why Roger Alford’s DOJ Role Changes Everything

Why Roger Alford's DOJ Appointment Matters More Than Ever

In my previous article on April 3, 2025, “DOJ Picks Roger Alford—What it Means for NAR, Clear Cooperation, and the Future of MLS,” I emphasized how significant Alford’s appointment to the Department of Justice (DOJ) Antitrust Division would be for the real estate industry. Given Alford’s background as an expert witness in the landmark Sitzer/Burnett case against NAR, his views and potential policy direction are particularly influential.

Roger Alford’s testimony before the Wisconsin Senate on December 19, 2023, underscores exactly why his appointment should concern every professional in real estate. In advocating for Wisconsin Senate Bill 394, Alford highlighted the critical importance of online platforms in home sales, particularly emphasizing FSBO (For Sale By Owner) sellers who, without internet exposure on popular sites like Zillow and Redfin, face severe market disadvantages. He detailed how traditional commission structures could erase years of equity gains, directly criticizing the industry’s approach to commissions as anti-competitive.

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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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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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