The Industry Relations Podcast is now available on your favorite podcast player!
Overview
Rob and Greg are joined by Nick Aufenkamp (Realtor Gone Rogue), a Vancouver, WA-based broker and Substack writer, for a debate on the Zillow v. MRED lawsuit, private/exclusive listings, and whether the MLS should function as a public utility. Nick attended the preliminary injunction hearing in person and shares firsthand takeaways on Compass, MRED, and Zillow's roles in the case, followed by a wide-ranging debate on data access, buyer vs. public rights, Bright MLS's new listing rules, and NAR's recent guidance on exclusive listings.
Key Takeaways
- Nick introduces himself: a broker of ~5 years in Vancouver, WA, founder of the DIY Home Buyer Academy, and writer of the Realtor Gone Rogue Substack, launched in February 2026.
- Nick recaps the Zillow v. MRED preliminary injunction hearing, which determines whether MRED must keep Zillow's data feed live for 40,000+ Chicagoland listings.
- Discussion of whether Compass's move to feed out-of-state listings into MRED forced MRED's hand, and whether MRED "got played" in its partnership with Compass.
- Debate over whether an MLS has an implicit geographic boundary, and who gets to define "objective criteria" for listing access under the 2008 DOJ/NAR settlement.
- Analysis of Bright MLS's new rule letting agents skip syndication and price/days-on-market tracking without penalty, and how it could reshape Compass's "3-phase marketing" strategy.
- Core philosophical debate: does the general public have any rights to MLS data, or only buyers — and does treating the MLS as a "public utility" mean it should be regulated as one?
- Rob and Greg spar over whether hiding listing data (price, days on market) erodes public trust or simply reflects a legitimate marketing strategy.
- Discussion of fiduciary duty and lawsuits as a check on bad-actor brokerages, versus more mandatory disclosure rules.
- Closing debate on whether NAR is still genuinely invested in the MLS, and whether its recent guidance on exclusive listings is too little, too late.
Links
Realtor Gone Rogue
Connect with Rob and Greg
Rob's Website
Greg's Website
Watch us on YouTube
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