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Realtor Conflict of Interest - The Dept of Justice Vs The National Association of Realtors

James Joseph

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Realtors are supposed to have a fiduciary relationship with buyers or sellers of real estate. They are sworn to uphold this capacity and work in the best interest of either the buyer or the seller. That is to place the best interest of the buyer or seller first, above their best interest.

Interestingly, the National Association of Realtors (NAR) choose to fight the government long and hard to prevent other brokers from modernizing the sales system through some new marketing capabilities of the Internet.

The Multiple Listing Service was built upon the premise that Agents and brokers would cooperate and have equal access to sell one another's inventory.

In the proposed settlement between the Dept. of Justice vs. The National Association of Realtors, President Richard Gaylord recently announced, “the settlement affirms the value of Multiple Listing Services as a tool of broker-to-broker cooperation. " But this is exactly one of the reasons why the Department of Justice (at the expense of the American public) had to file an antitrust lawsuit against the National Association of Realtors in the first place. The NAR was blocking the equal opportunity use of the MLS system by virtual office (Internet) brokers. They were not letting every broker use the tools Mr. Gaylord claims are of such value to share broker-to-broker.
Mr. Gaylord is taking credit for bring about the very change that he and the NAR were trying to stop and had to be forced to allow. It seems rather hypocritical to run an organization and system, that functions on member cooperation, to then only turn around and prevent this same cooperation. Then for the sake of public relations, the NAR claims victory over the government when it was the government that actually had to force them into this cooperation. And at a cost of how many thousands of dollars out of the taxpayers pockets for them to attempt to do business in a self-serving fashion.

Who's kidding whom?

The National Association of Realtors took money away from the taxpayers of this country in order to protect their own pocketbooks and then, they want to look like the good guys when they loose the fight. This proposed settlement will bring about change to enable competition, perhaps resulting in lower commission rates and this is what the fight was truly over, the NAR wanted to keep commission rates higher. Not helping the consumers as Mr. Gaylord had the Audacity to announce. This is a conflict of interest. The National Association of Realtor's interest above all others.

It is sad to see the MLS has become such a dinosaur but with this attitude it is small wonder why. They survive because they are the giant but so was Tyrannosaurus Rex. Instead of embracing the capabilities of the Internet they have once again spent years and the taxpayers money being greedy obstructionists to advancement. It seems they have been so bust fighting the inclusion of others that they lost sight in their own system.

James Joseph has more than than 25 years experience in the Real Estate Industry. As a Principal, Builder and Developer he has purchased and sold hundreds of properties and he has Brokered many, many other transactions.

In his soon to be published book “The Real Estate Revolution" he demonstrates how the shift in focus of the marketplace to the Buyer has all but left the Seller as an abandoned class, without the benefit of proper representation by the Real Estate Community.

His mission is to bring about the much needed changes and reestablish control for the Seller once more.

If you are a Seller or Owner of property and have any questions please feel free to send them to

I would be more than happy to help.


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