The Zillow lawsuit, combined with the new NAR delegate vote and CRMLS’s disclosure mandate, marks a shift toward more explicit transparency in referral systems.
Hidden referral fees have no long-term place in a profession that is striving to rebuild consumer trust.
At this time, there has been limited guidance shared with listing brokers and agents as attorneys, lobbyists, and industry leaders continue their discussions with the DOJ to clarify the implications of the law.
Zillow built its business on cooperation. Now it’s the MLS’s job to defend it.
If consumers begin to feel the platform is steering them into costly, undisclosed arrangements, that trust frays. And once lost, it’s difficult to rebuild.
If the allegations hold, the industry will either need to raise its transparency, shift fee practices, or face regulatory and litigation risk. Agents, brokers, MLSs, and portals should assume change is coming and plan accordingly.
This isn’t just a CoStar-Zillow clash. It’s a wake-up call for the entire industry. The implications ripple across MLSs, brokerages, portals, and vendors.
Overpricing a home can lead to excessive Days on Market, ultimately reducing its final sale price, while strategic pricing and pre-listing improvements can generate competitive offers. Brokers and agents use tactics like office exclusives, "Coming Soon" listings, and MLS policy adjustments to balance market transparency with seller advantage.
Does CCP ensure that those outside the profession remain dependent on them, reinforcing a hierarchical structure where professionals hold the upper hand?
As the Department of Justice organizes an antitrust case against NAR and its MLSs for using CCP to prevent start-up listing companies, brokers are trying to find a path forward that will either keep CCP, or remove it.
It could imply that certain decisions or changes could set a precedent or trigger a series of consequences that are difficult to control or reverse, potentially impacting the industry in a negative way.
Clear Cooperation is a restatement of a policy that has always been fundamental to the MLS. It's the difference between the MLS and an advertisement.
