Burnett v. NAR Summary Judgment Opinion: Per Se Liability!

About a week ago, the judge in the Burnett v. NAR case (formerly Sitzer v. NAR) handed down his ruling in the motion for summary judgment. It did not go well for the defendants. The Inman story by Andrea Brambila does a good job of covering the highlights, so read that in full. The result … Read more

Seven Predictions for 2023: The Grime Edition

Welcome to yet another edition of the Seven Predictions, sure to be wrong or your money back. (Does not apply to VIP Subscriptions.) This is one of my favorite annual traditions around this time of year. For those keeping track at home, I just published my results from last year’s predictions, and my lifetime average … Read more

Exploring the Worst Case Scenario: Copycat Litigation & Peculiar Hell for the Local MLS

In my last post exploring the worst case scenario from the commission lawsuits (Sitzer, Moehrl), I mentioned that MLSs will be going through their own special hell. I thought I would expand on that. Because while NAR might be dealing with a huge crisis, NAR is very wealthy with enormous resources. They probably can cope … Read more

Exploring the Worst Case Scenario: On Bankruptcy

Had a conversation recently with the CEO of a large MLS who desires anonymity. But who he is is unimportant since the topic is the point. We were talking about the big lawsuits (Sitzer, Moehrl, REX, PLS) and the worst case scenario that could come from them. Specifically, the commission lawsuits of Sitzer and Moehrl … Read more

[VIP] Opendoor 3Q/22: I Can See Clearly Now

As most of you know, I am a big giant iBuyer bull, which means I am a big giant Opendoor bull. I am long OPEN and remain long OPEN. I have a lot of faith in the company, in the business model, in the value to consumers, and in the team at Opendoor. And even … Read more

[VIP] 3Q22 CoStar Group: The House of the Rising Sun

Last year I published a special Red Dot on CoStar after its entry into residential real estate. I subtitled it, “The Rising Sun” for a few reasons. One of them was that CoStar was the most serious entrant into residential real estate in recent memory… perhaps ever. Even Sears or Merrill Lynch (who had entered … Read more

BPP 2.0: Seven Questions

From RISMedia, we get some high-level concepts on what BPP 2.0 (Broker Public Portal) will look like. Or at least try to look like. According to the story, BPP 2.0 will be built on three pillars: National consumer platform created through technology reciprocity National dataset created through MLS reciprocity National display ruleset Read the whole … Read more

How Will CMLS’s White Paper Argue Against RINRA?

I had heard that CMLS had retained two former DOJ and FTC attorneys to help them draft a white paper laying out all of the reasons why the MLS is a force for good in the world, and Inman News published confirmation in this story: In order to do this, Batts and Carson are working … Read more

No Better Friend, No Worse Enemy: Thoughts on CoStar and BPP’s Breakup

Writing has been thin as I’ve been on the road constantly, and very busy with projects. But news came across today that fairly requires some commentary. General “Mad Dog” Mattis, a storied military commander and Secretary of Defense under Trump, is said to have once told a group of Iraqi tribal leaders, “I come in … Read more