NAR: We are not abandoning MLSs 

In the wake of the Sitzer-Burnett commissions settlement, the National Association of Realtors has made a point of "de-risking" — reducing its legal liability — by shifting MLS policy decision-making to individual MLSs.

But that doesn't mean NAR is leaving MLSs to fend for themselves, according to multiple NAR staffers who spoke at a closed meeting of the NAR Multiple Listing Service Issues and Policies Committee at last month's Realtors Legislative Meetings.

"There are people out here telling a narrative or story about us vacating MLS or not supporting MLS," NAR Senior Director of Engagement Rodney Gansho told the committee. "There's a lot we're doing in the MLS community — and I want you to help us tell people you heard it at NAR that that's not the case, OK?"

Though the committee meeting was closed to the press for the second year in a row, Real Estate News was able to obtain a recording of the session.

'Stewards of what is real'

Committee Chair Tia Hunnicutt, the interim CEO of BridgeMLS, began the meeting with a defense of the MLS and its value, calling it "the infrastructure of trust that the entire real estate transaction rests on."

"Buyers make the largest financial decision of their lives based on MLS data. Sellers price their most significant assets based on MLS data. Agents advise their clients, appraisers assess value, lenders underwrite loans and policymakers understand housing markets — all based on MLS data."

People get hurt in "real and lasting ways" when data is inaccurate, according to Hunnicutt. "You are not just the administrators of a listing system, you are the stewards of what is real," she said.

"The unglamorous, technical and often thankless work of getting data right is one of the most consequential acts of civic and professional integrity happening in the industry today," she added. "Policy is the mechanism, truth is the mission."

Working to improve an imperfect relationship

Michele Holen, NAR's vice president of association engagement, acknowledged that the NAR-MLS partnership "has not always been perfect" but said the trade group is working to improve it through its strategic initiatives.

"NAR remains committed to supporting and engaging the MLS community," she said. "We will continue to champion MLS policies that promote fair housing, equal opportunity and help make transactions work better for all of your homebuyers and sellers."

One of NAR's priorities "is to build a stronger connection with the MLS community" in order to "work together to reduce friction in the industry efficiently and effectively," Holen said.

"Practically speaking, that means providing guidance, resources and clear communication that support local governance while reinforcing transparency and cooperation in the marketplace," she added.

'Working together' to shape the future

Holen outlined several actions taken so far this year to support MLSs as part of its new strategic plan. NAR, she said, has:

• Reimagined and reestablished the MLS Executives Advisory Group. "This group is serving as our sounding board — not as a policymaking body — to help us identify challenges and opportunities that might help us refine our strategic priorities," Holen said. 

• Launched a program where Holen, Gansho and NAR Director of MLS Engagement Jason Sanchez reach out to every MLS executive in the country — and they've already contacted over 300. "We'll be collecting all of that information to identify trends that can help us shape future guidance and messaging," Holen said.

• Hosted a Legal Counsel Summit with more than 100 MLS and association attorneys "where we discussed key issues and worked to identify solutions."

• Published 12 new episodes of NAR's Window to the Law video series to provide "clear updates on emerging legal trends," according to Holen. 

• Released three new resources to help MLS executives and broker participants "navigate market shifts": Non-filtering of Listings and "Objective Criteria"; Filtering of Listings on IDX or VOW Display; Guidelines for 1 to 1 Broker Communication

• Submitted comments "in support of MLS" to the DOJ and the Federal Trade Commission.

• "Engaged key stakeholders," including license law officials, the Council of Multiple Listing Services, the Real Estate Standards Organization and MLS technology providers. 

• Worked with the MLS Technology and Emerging Issues Advisory Board "to help guide our activities." 

"This is not a full and comprehensive list," Holen said. She encouraged MLS executives to share their feedback "whether it's positive, negative or somewhere in between."

Holen stressed that NAR is focused on identifying where it can be "most helpful."

"The future of organized real estate will not be shaped by one organization; it will be shaped by all of us working together," she said. "NAR is committed to being an active partner in that work."