Canadian MLS dispute unresolved

Regulators challenge restrictions on flat-fee listings

Inman News®

Settlement talks between Canadian Realtors and regulators over the rules governing Canada's national Multiple Listing Service (MLS) system have broken down, parties in the dispute said.

The Competition Bureau of Canada says it will file a formal challenge of rules imposed by the Canadian Real Estate Association (CREA) that the Bureau says restrict competition -- including prohibitions against real estate agents offering consumers the option to pay a flat fee to list their home on the national MLS system.

Consumers are required to purchase a predetermined set of additional services from a real estate agent, the Bureau said, such as the presentation of offers and negotiation of a final deal.

The Bureau intends to take its case to the Competition Tribunal, a six-member, quasi-judicial body that decides disputes over issues including mergers, misleading advertising and restrictive trade practices.

"The Bureau is focused on striking down these anti-competitive rules, so that real estate agents wishing to offer innovative services can do so, and consumers can benefit from greater choice," said Melanie Aitken, Canada's Commissioner of Competition, in a press release.

"While the market will ultimately determine prices for residential real estate services, we expect that if the Tribunal strikes down the anti-competitive restrictions, there will be downward pressure on real estate fees in Canada," Aitken said.

CREA -- Canada's version of the National Association of Realtors -- issued a statement saying that it was "very disappointing" that several months of settlement negotiations ended without an agreement. ...CONTINUED

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Submitted by John Rakoci on February 10, 2010 - 7:08am.

Very often, the seller pays the listing fee and after it gets stale goes to a full service broker to get it sold. By the time it gets there prices may have dropped and those searching wonder what is wrong with it. Innovation- like the Edsel...

 
Submitted by MLS4owners.com on February 10, 2010 - 10:27am.

Bravo to the Competition Bureau. The experience of our Washington customers is exactly why this is an important consumer issue. We believe in the value of full service representation for those who want it (both buyers and sellers), and agents from more than 500 different brokerages have earned commissions by representing buyers for our sellers. We also believe consumers should have choices about the services they want and the nature of the fees they will pay, and there are many good options available. For some sellers, flat fee services are a great way to go, and our customers in Washington and Oregon have closed nearly $1 billion in sales while saving over $35 million in commissions.

Ken Whitney
MLS4owners.com