The Industry Relations Podcast is now available on your favorite podcast player!
Overview
Rob and Greg open by unpacking the news that a federal judge has finally approved the Sitzer/Burnett settlement, tossing out remaining objections — officially closing that chapter for NAR and the industry. They debate whether this outcome was a "win" for NAR, discuss the power vacuum left in organized real estate's wake, and praise NAR's recent social media/PR efforts (specifically an Instagram explainer video). The bulk of the episode digs into Unlock MLS's new tiered participant framework (base service, direct service brokerage, platform brokerage) — sparked by an op-ed from Emily Gerrard — and what it means to legally and philosophically define "what is a broker" in a post-compensation, post-NAR-settlement world. Rob and Greg spar over whether MLSs should double down on being cooperatives of brokerages or pivot to being data-licensing utilities, using Zillow, Homes.com, and hypotheticals (including an adult-content site and a NJ lead-gen "broker") as test cases.
Key Takeaways
- The Sitzer/Burnett settlement has been fully approved after the 8th Circuit rejected remaining objections
- NAR reportedly told lawyers to negotiate the maximum settlement amount it could actually afford, effectively avoiding insolvency
- Rob argues NAR is no longer the center of gravity in real estate, leaving a "power vacuum" in the industry
- Both hosts praised a recent NAR Instagram explainer (legal/stats update) as a strong new-media format worth other associations copying
- Rob floats the idea of NAR/MLS leadership doing authentic, unscripted weekly podcasts or livestreams to rebuild member trust
- Unlock MLS introduced a new three-tier participant structure: base service, direct service brokerage, and platform brokerage
- Emily Gerrard's op-ed on Real Estate News argues participant definitions should be reframed around data usage rather than identity
- Rob strongly supports Unlock's move, calling it the biggest MLS innovation in decades; Greg is more skeptical of redefining "participant" and prefers a pure data-licensing approach
- They debate whether Zillow, Homes.com, and similar platforms should be treated as "brokers" vs. licensed data users
- Rob predicts Unlock will likely face a lawsuit over the new rules but believes they'd win
- The 2008 DOJ/VOW settlement is revisited as historical context for why MLS participant rules can't discriminate by business model
- Discussion touches on AI/data governance, referencing a framework around who controls AI's access to listing data
- Episode closes with a running bet: Rob wagers Greg a steak dinner that fewer than 1% of brokers would define a broker as "a website that generates leads"
Links
Cooperation Article
NAR Social Media Post
Sitzer Settlement
Connect with Rob and Greg
Rob's Website
Greg's Website
Watch us on YouTube
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