No winner, no losers for the DOJ.

There really are no winners and no losers in the legal investigation being conducted by the DOJ. While everyone seems to have an opinion, it is the listing brokers that should have the last say and the only opinion in such matters.

A suggestion for the DOJ - follow the basics of real estate law. The legal right to request help in selling a listing (cooperative MLS) and the right to display a listing (competitive marketing) on behalf of the consumer lies solely with the listing broker.  They are apples and oranges - totally different processes with different purposes.  These processes represent choice and are defined as a portion of a complex web of legal rights and liabilities carried on each and every listing by the broker who takes a listing and contracts for the delivery of certain services with the seller.

No party other than the listing broker has any legal rights with regard to permitting cooperation in the sales process or the unpermitted marketing of these contracted properties. If anyone feels differently, including the DOJ, then stop suing and start changing the law.

The sole liability for the listing as established by the current real estate law in every state to be with the listing broker should be amended to enjoin all cooperative and competitive parties (other brokers and third-party aggregators) to the listing and sales process. Each of these parties should then share in the full legal liability for the listing they agree to cooperate to sell or publish anywhere without the permission of the listing broker.

End of the law suit, beginning of an interesting a new era of shared liability real estate marketing.

--Ken Jenny - tranCen.com, Inc. 

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