NAR’s ‘monitoring’ tech is pointed in the wrong direction
The National Association of Realtors is using AI to crack down on trademark violations. But rebuilding the brand means raising the bar, not protecting a word.
Key points:
- At NAR's midyear meetings, the association touted its plan to protect the Realtor trademark through AI-powered "proactive monitoring."
- The speakers did not, however, address a bigger threat to the brand: misinformation spread by members waving the Realtor banner.
- To truly serve consumers and regain their trust, NAR needs to have higher standards for membership — and actually enforce them.
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The views expressed in this column are solely those of the author. (Note: A version of this article originally appeared on the Selling Later blog.)
An NAR lawyer recently asked a room full of MLS executives to help "protect the Realtor brand."
It was the same kind of move as the Sitzer/Burnett settlement: build the policy, hand enforcement to the MLSs, wish them well, walk away. "Good luck and Godspeed" energy, but with a trademark instead of a compensation rule.
This time, NAR has devised a "seven-stage brand protection strategy." So far they've revealed only a few details: an AI platform for "proactive monitoring," and an online "brand infringement form" MLS and association members can use to rat each other out if they think the "R" word was used incorrectly.
To back up their enforcement, NAR said it is developing technology, to be deployed at scale this year, to make sure nobody calls themselves a "top Realtor" or puts the logo on a lapel pin. (Real advice given at this meeting: if your Realtor MLS logo is on a piece of jewelry, "just put it into your pocket right now.")
I want to know who's making jewelry like that, but maybe that's for a different conversation.
The behavior that actually causes harm
While NAR is busy building an AI surveillance system to catch trademark cheats, I'm seeing the same false claims and videos every week from actual dues-paying members of its association.
"My services are free!" — no they're not, and claiming they are violates NAR rules
"Standard commission is X%" — there is no such thing as a standard, and that was the whole point of the commissions lawsuits
"Don't worry, the seller pays!" — a sentence currently doing more damage to consumer understanding than any lapel pin ever could
"You don't need a new build inspection"
Videos of agents offering tips for how to pass administrative fees onto consumers
Questionable photos of agents thanking their "partner lender" after their fancy round of golf and dinner
These actions create more dings in the industry's reputation, yet none of them will trigger the new AI trademark monitor. That's because the system is designed to catch how the word "Realtor" gets used, not what is said next to it.
The tech may be able to find "top Realtor" or a logo on the wrong letterhead, but it's not built to flag a member in good standing who is making videos telling the public their services are free for buyers.
The system is protecting a word. It is not protecting consumers from the amount of misleading content that word is attached to.
Start cracking down on what really matters
So here's my ask, NAR: You have the AI technology in the works, you have the budget, and you have the performative appetite for being "proactive," so point the thing at the content instead of the username or word.
Flag the "free services" claims. Flag the "standard commission" claims. Flag the videos that exist solely to make a buyer stop asking questions. That's the infringement that actually costs consumers money, and it's being tied back to you whether the creators have Realtor in their handle or not.
Protect the brand all you want, but the improper use of "Realtor" isn't what's hurting you. It's the questionable decisions and false promises some of your members are making.
Rebuild the brand by raising the bar
I get it. Holding members accountable or to a higher standard will make some of them mad, which could mean less dues money coming in.
But if NAR truly wants to survive and rebrand, the fix isn't policing trademarks, it's enforcing who gets to use it. It's raising the bar on who qualifies to be a Realtor, even if it means losing half of the current members. It's time for NAR to choose its path: Rebuild with the people who are good at what they do and hold their feet to the fire to be great, or keep standards low and stay the course on dues money and lobbying power.
One rebuilds consumer trust. The other keeps you circling the same public relations drain you've been going around for years.
Wendy Gilch is a consumer advocate and thought leader in residential real estate, dedicated to exposing industry practices that put homebuyers and sellers at a disadvantage. Since 2019, she has developed programs that educate consumers, increase transparency and push for stronger protections in the homebuying process.