There Will Be Blood: NAR Lawsuit and Discovery

If you haven’t done so already, or were not present when the panel happened, go watch the Inman News video on the big commissions lawsuit(s) panel discussion. Inman Select membership is required. I thought it was great, especially since Jack Bierig, one of NAR’s outside attorneys on this case, was present to provide some insight … Read more

Millennials and Rent Control

Back in February, I wrote a long post imploring the Young Professionals Network (YPN) of the National Association of REALTORS to take up housing affordability as their issue: Homeownership is not under attack; if anything, homeownership is widely subsidized and supported, in large part because of REALTOR political action. Think about it. Mortgage interest deduction … Read more

[VIP] A Few Thoughts on Hyland v. HomeServices of America and Its Applicability to the Moehrl v. NAR Lawsuit

Recently, I saw someone on Facebook bring up this case, Hyland v. HomeServices of America, Inc., 771 F. 3d 310 – Court of Appeals, 6th Circuit 2014, as pretty much ending the threat from the series of lawsuits filed against NAR, large brokerages and franchises, and a number of MLSs. (If you are a large … Read more

[VIP] The MLS and Coming Soon: A Way Forward

The great move West is now complete! The last boxes are finally unpacked, and while we still have to set up the new house, I think we’re able to get back into the regular swing of things.. Once again, I apologize to you VIP Subscribers for being so silent, but I do hope you all … Read more

Peace Be Upon You: A Path Forward for RealScout

I started this post during my great Westward Ho! adventure, which was five days of driving across this great country in my car. That’s a lot of time in the car, which gives one plenty of time to talk to friends by phone and to think about stuff. Both happened on this trip, and at … Read more

Does Thanos, I mean, RealScout Want a War?

As many longtime readers know, Andrew Flachner is a good friend of mine, and a wonderful young technology executive. I like Andrew, I respect Andrew, and I thought both of those things while not singing drunken karaoke with the man. That is not to say that we haven’t had our (intellectual) disagreements. I find that … Read more

[VIP] Ben Thompson of Stratechery Shows How Dropbox Points the Way Forward (for the MLS)

Seriously, I think I could just write a real estate angle to most of Ben Thompson’s articles and updates from Stratechery, and fill the content calendar easily. I just wrote about his public weekly article on Tech and Antitrust and how it might apply to Zillow. Today comes a Daily Update where Ben talks about … Read more

Let’s Stir the Pot: Glenn Kelman and the MLS Issue

I’m back from the week on the road, but about to embark on yet another week on the road… so wanted to get this short post up for your weekend reading pleasure. If you’re not already subscribed to the amazing Scratch That podcast series from Emily Chenevert, CEO of Austin Board of REALTORS, you’re missing … Read more

[VIP] Hot Take on NAR’s Motion to Dismiss

In the all-important Moehrl v. NAR case, NAR has filed a motion to dismiss, and submitted a brief in support of that motion. I’ll embed it below. This is all but guaranteed in just about any serious civil litigation these days involving serious lawyers who get paid by the hour. I remember my Civil Procedures … Read more