Industry leaders and legal tensions are colliding as NextHome CEO James Dwiggins calls recent Clear Cooperation Policy tweaks — the creation of Delayed Marketing Exempt Listings — “exclusionary and predatory,” warning they could lead the industry backward. Meanwhile, MLSs across the country are scrambling to interpret and implement NAR’s new delayed marketing policy.
Also this week, a group of Compass clients may be laying the groundwork for a class action lawsuit against Northwest MLS, intensifying a growing debate over transparency and consumer protections. And in the courts, a federal judge in Georgia denied a request to move an antitrust case against eXp and Weichert, keeping the case out of Missouri’s high-profile Gibson proceedings.
On this week’s Broker Edge:
Plus, Inman’s Broker Spotlight shines on Joao Mucciolo. Please weigh in on this month’s Inman Intel Index: Take the survey Check out this week’s Inman Access: Strategies for agent recruitment and retention: Now streaming
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NextHome CEO James Dwiggins warns that recent tweaks to the Clear Cooperation Policy and the creation of Delayed Marketing Exempt Listings (DMEL) risk repeating history by reintroducing exclusionary practices. Drawing on personal experience and family legacy in the industry, Dwiggins argues these shifts could reduce listing transparency, limit access for homebuyers and increase legal risk for agents and brokerages.
His message: Don’t let a few loud voices push policy backward at the expense of the consumers we serve. |
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A group claiming to be Compass clients is exploring a potential class action lawsuit against Northwest MLS, Inman’s Jim Dalrymple II reports. The effort surfaced via a new website, Washington Homeowner Rights, which invites Washington sellers to share experiences of price drops, extended days on market or privacy concerns, saying that affected homeowners “may be owed significant compensation.” The move comes amid ongoing tension between Compass and NWMLS, raising the stakes in a growing industry battle over listing practices and seller rights. Read the full story here.
EXTRA: NWMLS calls for marketplace openness, fairness, transparency MOVES AND SHAKEUPS
EXTRA: Agents feel joy, rage, confusion over Clear Cooperation ruling |
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Realtor-affiliated MLSs are racing to implement NAR’s new policy creating a “delayed marketing exempt listings” category, while balancing praise for seller flexibility with concerns about transparency and legal risk, Inman’s Andrea V. Brambila reports.
Many MLS leaders expressed support for preserving the Clear Cooperation Policy, but questions remain about how the new listing category could impact buyers’ access to inventory and increase antitrust exposure. Listings will be visible to agents but not consumers unless they’re working with a brokerage. Read the full story here.
EXTRA: Your Clear Cooperation, Delayed Marketing Exempt Listings FAQ |
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A federal judge in Georgia has denied a request to transfer an antitrust case against eXp Realty and Weichert to Missouri, Inman’s Andrea V. Brambila reports. The case, known as Hooper, involves claims that the companies struck a “sweetheart deal” to settle nationwide commission-related allegations.
Plaintiffs in Gibson, a similar Missouri-based case, had sought to intervene and transfer Hooper to Judge Stephen R. Bough’s court, but Judge Mark H. Cohen rejected the motion, keeping the case in Georgia. Both suits target a former NAR rule requiring listing brokers to offer compensation to buyer brokers in order to submit a listing to a multiple listing service, which the plaintiffs allege violated the Sherman Antitrust Act. Read the full story here.
LEGAL ROUNDUP
EXTRA: Compass acquisition offers a glimpse into @properties’ finances |
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Tax day is almost here. Don’t stress — sisters Amy Chorew and Maeda Palius have created a smart tool to help you get organized and make filing your taxes as smooth as possible. Follow this simple roadmap, and you’ll be on your way to a hassle-free tax day. Read the full story here.
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From launching multiple businesses to building top real estate firms, Mucciolo brings an entrepreneurial mindset to the task of leading The Agency’s four-person team in its expansion into Nicaragua, introducing a fresh, modern approach to the market. |
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From their office, one can literally see Costa Rica, but property prices are a fraction of the cost in Nicaragua. Mucciolo is looking to promote his country’s unique blend of “affordability, breathtaking nature, and a rich cultural heritage that can’t be assigned a dollar value.” |
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| Mucciolo says he most values the chance to “live and work in paradise, helping others find their dream home or investment in a place I truly love.” |
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