Where Real Estate Gets Its Dirt

Washington Post writes about CCP and “secretive off-market listings”

Real estate battle over secretive off-market listings heats up

“When prospective home buyers come up empty-handed, seeing a “sold” sign on an ideal home that never showed up during their search rubs salt into the wound.


What’s frustrating to so many is these nonpublic sales, often known as off-market listings, shortcut the transparency that’s meant to inform the buying and selling process: Every home that’s listed by a real estate agent and marketed to the public is supposed to be visible through one of the hundreds of databases known as Multiple Listing Services (MLS).

Now, an internal battle is heating up between real estate brokerages over off-market listings — just as the dust is starting to settle on commission rule changes triggered by lawsuits against brokerages and the National Association of Realtors (NAR).”

Pretty balanced article about the issues surrounding CCP. This kind of headline is exactly what Brian Boreo warned about in his talk at CMLS in Seattle a couple months ago. Does the industry really need the messaging of real estate agents supporting “secretive off-market listings?” right now? I don’t think so.

I took at look at the comments on the article. While most of the comments were trashing The Washington Posts new commenting software, the AI summary did conclude…

“Concerns include the potential for discrimination, the manipulation of property prices by flippers, and the lack of transparency in pocket listings, which may benefit agents over sellers. Some suggest reverting to traditional methods or eliminating agents altogether.”

So there you have it Robert Reffkin, based on this summary many people would rather have no agents at all if the transparency the MLS provides goes away. Your move Compass.

Industry Relations Podcast: Choking on NAR’s Kielbasa

In this episode of Industry Relations, Rob and Greg tackle the latest controversies surrounding NAR  and the recent investigative article from The New York Times. They debate the role of lobbying, explore accusations of corruption and financial mismanagement, and reflect on the broader challenges facing NAR’s leadership and reputation.

Key Takeaways

• NAR and Lobbying Controversy: Discussion on how NAR funnels money to political groups through entities like the American Property Owners Alliance (APOA).

• The “Woke vs. Conservative” Debate: Examining NAR’s conflicting image as both progressive and a supporter of conservative causes.

• Transparency Issues: Why NAR’s approach to handling controversies feels “astroturfy” and the need for more open dialogue with members.

• Organizing Homeowners: The untapped potential of grassroots homeowner advocacy and how it could reshape lobbying strategies.

• PR Missteps: Criticism of NAR’s traditional PR playbook and a call for leadership to adopt more authentic communication strategies.

Watch Us on YouTube

Connect with Rob and Greg: 

Rob’s Website

Greg’s Website

Our Sponsors:

CoreLogic

Notorious VIP

The Giant Steps Job Board

Production and Editing Services by Sunbound Studios

RESO 2025 Board of Directors Announced

Pictured left to right from top left: (Row 1) Rebecca Jensen, John Breault, Melissa King, Richard Renton, (Row 2) Alex Lange, Bob Evans, Caitlin McCrory, Dan Troup, Dan Weisman, (Row 3) Greg Moore, Janine Sieja, Joseph Szurgyi, Joe Wilhelmy, Katy Davenport, (Row 4) Matt Cohen, Matt Hendricks, Michael Hayes, Michael Wurzer, (Row 5) Patrick Pichette, Shayne Fairley, Ross Buck.
(Pictured left to right from top left: (Row 1) Rebecca Jensen, John Breault, Melissa King, Richard Renton, (Row 2) Alex Lange, Bob Evans, Caitlin McCrory, Dan Troup, Dan Weisman, (Row 3) Greg Moore, Janine Sieja, Joseph Szurgyi, Joe Wilhelmy, Katy Davenport, (Row 4) Matt Cohen, Matt Hendricks, Michael Hayes, Michael Wurzer, (Row 5) Patrick Pichette, Shayne Fairley, Ross Buck.)

RESO Announces 2025 Board of Directors Election Winners

“Election winners representing Multiple Listing Services (MLSs) and REALTOR® associations:

  • John Breault, VP, MLS, State-Wide MLS in Rhode Island
  • Greg Moore, CTO, Regional Multiple Listing Service (RMLS) in Oregon

The winner of the open board seat representing technology companies, developers, partners and consultants:

  • Michael Hayes, Executive Director, Industry Development, Homes.com

Winners representing real estate brokerages, brokers, agents and appraisers:

  • Joe Wilhelmy, VP, Business Technology, RE/MAX
  • Caitlin McCrory, VP, Industry Relations, Anywhere”

Congrats to everyone.

DOJ files eleventh hour statement of interest in Sitzer/Burnett Case

Tanya Monestier from her LinkedIn post:

“Well, I didn’t see this coming . . .

The DOJ has filed a statement of interest in Burnett. It’s not as detailed as the one in Nosalek, but two key points it makes:

1. Compliance with the NAR settlement does not insulate any defendant from DOJ antitrust action.

2. The requirement that an agreement be signed prior to touring a property may itself raise antitrust concerns.

Talk about a last-minute twist . . “

I actually think this is somewhat good news. What the DOJ takes issue with is the requirement for the buyer’s agreement to be executed before a home showing. They feel this could unnecessarily tie buyers to a single agent, limiting their opportunity to work with other agents and therefore reducing competition. I’ve always thought the timing of the buyer’s agreement signing was problematic. I’m hoping the judge makes a change here to move it closer to the offer stage.

The second matter relates to another antitrust issue. From my perspective, I don’t think anyone expected NAR or all the defendants to be completely off the hook for future antitrust claims. I believe the settlement even acknowledged that possibility. It seems the DOJ just wants to ensure that this point is absolutely clear.

John Holley

North Texas Real Estate Information Systems (NTREIS) CEO John Holley Announces Retirement After 20 Years of Transformational Leadership

“Since Holley assumed his role in 2005, NTREIS has expanded from 19,000 to over 53,000 subscribers, supporting 15 Realtor Associations across 44 counties in North Texas and parts of Louisiana. Under his leadership, NTREIS adapted to an era of rapid technological advancement, enhancing service offerings and ensuring subscribers could access superior, cutting-edge tools to succeed in a competitive real estate market. Known for his forward-thinking approach and dedication to serving the real estate community, Holley has left an indelible mark on the organization and the industry.”

John, in my eyes, has always been a true gentleman in every sense of the word. He has been incredibly kind to me over the many years we have known each other. I first met John when he was working at the MLS in San Diego. From my memory, there was always a bit of drama in the San Diego real estate market (and there still is today), but John was a steady voice amidst that drama. He saw something in our little company (IRIS, then selling Lightning – Easy MLS Access) and helped pave the way for us. He offered the same steady hand when he moved to Dallas to work at NTREIS, navigating this new market and its nuances with a “dedication to serving the real estate community.”

I’m not sure anyone truly understands the seismic shift the internet brought to the real estate industry (and especially the MLS) back in the day. MLS leaders of that era had to manage the fury of brokers and agents who had previously acted as gatekeepers to the data. Keeping the MLS industry alive and enabling it to grow was an enormous challenge. I often think about that today with the turmoil we face and wonder if the new generation of MLS leaders will be able to navigate these troubled times as successfully.

I’m going to miss getting together with John for a show or dinner at The Palm during Inman NYC. I will deeply miss this gentle-man who has done so much for our industry. However, I know that he and Cathy will thrive in this next chapter of their life together.

Happy Trails John

New York Times article calls out NAR’s “lavish perks and payouts…”

Chauffeured Cars and Broadway Tickets: Inside the National Realtors Group

“The group’s president, president-elect and first vice president are elected by members and receive annual six-figure payments, tax records show. N.A.R. refers to officers as “volunteers.” They have been given corporate credit cards, and on work trips, they have racked up charges from expensive dinners, golf outings, spa treatments and sports tickets, The Times found.”

I don’t know who pissed off the New York Times but they are not leaving NAR alone anytime soon. Seems like every other month they find another angle to wound or embarrass the organization and its leadership. This article (and others) may or may not have some valid points but this whole campaign feels a bit like…well… a campaign. I’m not one to be too much of a conspiracy theorist, but this is has a “Blue Horseshoe loves Anacott Steel” sort of vibe.

Two great pods to listen to on your way to NAR Boston

I know a lot of you like me are traveling to NAR Boston today, so I’ve got a special twofer for you.

“The Worst of All Possible Worlds?” – Industry Relations Podcast. Rob and I explore how the upcoming election could reshape the real estate industry, focusing on regulatory impacts, DOJ actions, and antitrust issues. They also discuss potential changes to industry practices and transparency in agent behavior. We both made a steak dinner bet on the outcome of the election. Listen to see which one of us was right.

“The Front-Endless MLS System with Carlos Grass and Paul Hethmon” – Listing Bits Podcast. I sit down with Carlos Grass and Paul Hethmon, co-founders of Amplify, to discuss their innovative “front-endless” MLS backend platform. This episode highlights Amplify’s unique approach to creating a flexible, adaptable MLS backend designed to empower MLSs with greater control and cutting-edge technology. This is an exciting category with a few players ready to take on the future of MLS.

Listen to them both on your favorite podcast player!

Industry Relations Podcast: The Worst of All Possible Worlds?

Episode Overview

Rob and Greg explore how the upcoming election could reshape the real estate industry, focusing on regulatory impacts, DOJ actions, and antitrust issues. They also discuss potential changes to industry practices and transparency in agent behavior.

Key Topics

1. Election Predictions:

• Friendly wager on election outcomes, with predictions on how results could shift real estate policies, especially through DOJ and FTC actions.

2. Antitrust Settlement and NAR Challenges:

• Tanya Monestier’s objections to the recent antitrust settlement, highlighting concerns over consumer confusion and potential loopholes that could benefit attorneys over consumers.

3. Future of Industry Regulation:

• Speculation on how political shifts might influence NAR’s regulatory environment and broker responsibilities.

• The potential for new, transparent compensation practices led by industry figures like James Dwiggins.

4. Ethics and Agent Behavior:

• Debate over real estate agent intentions, balancing consumer interests with profit motives, and the industry’s response to Monestier’s critiques.

Key Takeaways

• Election’s Influence on Real Estate: Election outcomes may bring regulatory changes, with possible implications for NAR and antitrust enforcement.

• Transparency and Trust in Agent Practices: Increased focus on clear buyer agreements and ethical practices to protect consumer trust.

Watch Us on YouTube 

Connect with Rob and Greg: 

Rob’s Website

Greg’s Website

Our Sponsors

CoreLogic

Notorious VIP

The Giant Steps Job Board

Production and editing services by:

Sunbound Studios

Kathi King announced as Head of Sales at CoreLogic’s Real Estate Solutions team

Welcome Kathi King to the CoreLogic Real Estate Solutions Team 

“We are thrilled to announce that Kathi King has joined the CoreLogic team as Head of Sales, Real Estate Solutions.  With her extensive background in real estate relations and a track record of success in both corporate and entrepreneurial settings, Kathi brings a wealth of expertise and innovative thinking to our team. “

Great hire. Kathi has the experience, chops and know-how to get things done. Congrats Kathi and CoreLogic.

Toby’s Eagle Scout Project

As he nears the end of his Scouting journey, my son Toby is starting his Eagle Scout project, which must be completed through donations. He’s chosen a great project: refurbishing and restoring one of the bleachers at his high school. The bleachers are used by the tennis team, which Toby is part of.

Venmo Link -> Toby’s Eagle Scout Project

Sponsored By MLS Reset