Lawrence Bunnell

• Manage |RSSThe Great MLS Debate --

You've hit the nail on the head with this observation. The problem with starting a new association for non-traditional brokers and alternative models is that you can't take the Multiple Listing Service with you. Creating a 2nd Association with it's own MLS creates more problems than it solves. For example, in Atlanta, GA, where some years back several brokers apparently got fed up with their Realtor association's MLS and formed another, has simply created a nightmare for agents who must now join and pay dues for 2 MLSs in order to compete in the marketplace where consumers have come to expect exposure in both MLSs. The inevitability of the continued growth of 'a la carte' real estate service companies ensures that at least at some point in the future the local Associations' boards will begin to contain membership representative of newer models, but that remains to be seen. At this point, Federal intervention is the ONLY way that the shenanigans of slanted rules and regulations in foavor of traditional brokerages is going to stop.

http://www.flatfeemls.pn/2009/01/29/mls-board-requires-out-of-town-brokers-attendance/

The issue here, and the reason for DOJ interest, is whether or not the MLS is impeding competition by it's rules and regulations. Columbia MLS rules are constructed to keep competition and new models from entering the marketplace in Columbia. For instance, a rule that your licensed real estate, Realtor member company cannot join an MLS because the company's ofice location is not within 50 miles of the city is clearly designed to keep out newer models. The 'old boy' system there actually hurts consumers by not allowing choices in real estate services. The proper way to handle issues like whether or not the seller mistakenly believes that they should get assistance from buyer's agents is through informed consent and disclosure, not imposition of rules designed to protect one class of Realtor or business model over another. Limiting consumer choice by effecting rules that favor one type of model over another isn't allowed in any other professional industry and shouldn't be tolerated in our profession either.