IDX: The Original Sin?
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In this high-stakes episode of *Industry Relations*, hosts Rob Hahn and Greg Robertson dive deep into the controversial intersection of real estate regulation, transparency, and the future of the MLS. The conversation centers on the recent NAR settlement in the Corey vs. Admiral Properties lawsuit, which has sparked debate over whether NAR's strategy of settling a secondary case to potentially derail the larger Batten litigation is a savvy move or a dangerously clever legal maneuver. The hosts express cautious optimism, praising NAR's shift from defensive posturing to proactive risk management, while warning that the strategy may backfire if the courts reject the settlement's broader implications. The discussion then pivots to a broader philosophical debate about government intervention in real estate, particularly in light of new laws like Washington's mandate that property must be marketed to 'all members of the public.' The hosts argue that these laws are vague, poorly defined, and ultimately counterproductive, especially since terms like 'marketing' and 'public' are undefined, leading to endless legal interpretation. They warn that such legislation forces brokers to reevaluate what constitutes marketing versus product data, potentially leading to the collapse of the current MLS model. The core argument is that the industry must either embrace the free market—letting brokers choose what to disclose—or accept that real estate is a public utility, complete with antitrust exemptions and data monetization. The episode closes with a fiery exchange over analogies, particularly comparing the rollback of public data to pharmaceutical companies hiding side effects, with Rob arguing that the stakes are just as high for homebuyers, even if not life-threatening. The hosts ultimately agree: the industry must stop fearing bad press and instead let market forces decide the future of transparency.
The NAR settlement strategy—settling a secondary case to potentially derail the larger Batten lawsuit—is smart but risky and may face judicial pushback.
New state laws mandating 'public marketing' are poorly defined and could lead to legal chaos due to undefined terms like 'marketing' and 'public.'
The MLS is at a crossroads: it must either return to its cooperative roots or evolve into a public utility with data monetization and antitrust protections.
Brokers should be allowed to control what information they disclose, and the market—via consumer trust—should determine which brokers thrive.
Fear of bad press should not prevent the industry from taking back control of public data; the free market will ultimately decide what transparency looks like.
…and 1 more takeaway available in PodZeus
The Pharmaceutical Analogy: Rolling Back Information
“You think days on market is the same thing as side effects of pharmaceutical? Again, I'm just making a fucking point about rolling back information, not exactly what the information is.”
NAR’s Settlement Strategy: Proactive or Too Clever?
“This is very, very smart. I just wonder if it was too clever by half because here's what essentially it is.”
The Problem with 'Public Marketing' Laws
“The biggest flaw of all of these things is the term marketing is not defined. Terms like all members of the public are not defined.”
The MLS at a Crossroads: From Cooperation to Utility?
“The free market will tell us what is effective, what is not. But this law, laws like this will force that thinking to happen.”
The Free Market vs. Government Intervention
The hosts conclude that the industry should stop fearing bad press and instead let the market decide. They argue that if brokers withhold information, consumers will simply choose those who disclose more—no regulation needed. If the government steps in, then real estate should be treated as a public utility with corresponding rights and responsibilities.
“If we're a public utility, we need an antitrust exemption. So all these lawyers don't keep suing us for left, right and center because we're a public goddamn utility.”
“You think days on market is the same thing as side effects of pharmaceutical? Again, I'm just making a fucking point about rolling back information, not exactly what the information is.”
“Let's court the bad press. Let's actually push for the bad press and say This was never meant for you.”
Hosts
Rob Hahn
person
Greg Robertson
person
MLS
organization
NAR
organization
Washington State
other
Northwest MLS
organization
Corey vs. Admiral Properties
other
IDX
other
Compass
organization
Batten Lawsuit
other
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MLS Mega Merger and Boomers vs. First Time Home Buyers
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The Game of Chicken: MLS Style
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