Five Things you need to Know-Part 3

What is the Future of the MLS?

Just in case you haven’t been keeping up with industry news, the Department of Justice is suing the National Association of Realtors for unfair trade practices having to do with the Multiple Listing Service. In fact, the DOJ has even set up a website.

Much has been written about the case (for further reading click here). Read the white paper and then tell me – do you think the MLS will survive this? I am beginning to think NOT.

I believe much of this began back at the NAR convention ( I think it was 1995? ) with the famous Lion’s at the Gate speech that gave birth to Board of Choice and IDX. I was there and it was certainly an exciting time to be at NAR. The industry was a buzz with change back then, much like it is today.

There was much said about not depending on the MLS, but the good real estate market made it seem like that Day of Reckoning was greatly exaggerated and we all settled back into doing business as we always had.

If you look at the website it would seem that NAR is in a impossible position – it is a No Win Scenario. The DOJ will force the hand and make the MLS nothing but a posting site for inventory – sound familiar? It seems to me that the new influx of listing sites may be positioning themselves as a replacement.

So you might be asking yourself… What will happen to our Realtor Associations? Will the membership drop substantially because members now only belong so that they can participate in the MLS? What will you do? How much of your business is MLS dependent? My guess is quite a bit. Your website is built on thousands of listings which are fed from other brokers. You work with buyers based on what you find doing an MLS search. How much of your income has been generated by that offer to cooperate?

What does life without the MLS look like?

Here are some theories…

1. The internet will function as a listing clearing house. Not as efficiently as the MLS has always done for us. At first there will be a huge number of sites popping up clamoring for listings, ultimately it will settle into a more manageable number – but you will have to load listings into more than one place. We will either pay to list on the sites or people will pay to subscribe, or there will be a “pay per click” scenario.

2. There will be little or no offer of cooperation. The offer of compensation is that box in the MLS sheet that we put in the amount of commission we are offering a cooperating broker. If you read that DOJ website, they conclude that commissions are kept artificially high because there is an offer of cooperation. In other words, if we did not share our commissions with other brokers, commissions would go down.

Commissions could shrink which is really what I think this is all about. It is certainly possible that buyer’s will have to pay if they want to be represented, if not they will go to the listing agent directly.

Potentially, a buyer could hire you to go scour the sites to find property for them, but most of all they will pay you for what you know and how well you will represent them.

This was a hotly debated topic at Inman in January. I have been waiting for the video to be posted but it is still not up yet. Stay tuned on that one.

3. Many, if not all, of our Realtor Associations may disappear. As a former Board President, this probably upsets me the most. I believe that being a Realtor should mean something, that we do subscribe to doing the right thing. Somehow this message has been lost and we have no one to blame but ourselves on this one. A majority of membership sees little value for the dues they pay. Ask yourself – would you pay your dues if there was no MLS?

4. Your web site will be content based. If you can’t have thousands of listings on your site – you better start building that content if you want people to find you. This is a BIG industry trend and one we will delve into quite a bit in 2008.

5. There will be many fewer agents in the business. Think here about what has happened to the travel industry. We Realtors have been poo-pooing this comparison for a while now – but if your business model functions only on other people’s information you may have to rethink your career.

6. The consumer will be harmed. Yes, they will have access to all of the information, but they are jumping out of a plane without a parachute. There will be sites with listing information from all sources… agents, owners, neighbors- in other words, no rules – anything goes.

Like it or not, Realtors have become the front line for disclosures on property condition, zoning issues, lead based paint, radon, mold, to name a few, just think of all the stuff we have been charged with putting out there to the public.

I can think of things like price changes depending on who is looking at the property, fair housing issues – will an individual seller care about that? Do they even have to?

The consumer will perceive they are getting better values because the commission is the focus – but in the end, recall why Realtors came to be in the first place… for consumers to go to people they can trust.

Related reading:

Part 1 of the Series

Part 2 of the Series

So what if the MLS does go Away? Do you have any thoughts? I would certainly like to hear them… please comment 😉

7 comments on “Five Things you need to Know-Part 3”

  1. Monica Harvey Reply

    First of all, I am old and change scares me. More than change, is the unknown. I am comfortable with the way things are and I don’t want anybody “moving my cheese”.
    Then again, I am a “hippie” at heart, and change, for the most part, is always for the better.
    AS you can see, I have mixed feeling about the whole thing, but it’s apparent the MLS days are counted.
    I will miss it way more than I missed the Blue Book in the old days….

  2. Rex Wilkinson Reply

    Thanks for the reality check – a quick jolt of stress as I sit down to see what new properties have been listed on the MLS today for my buyers. But on the other hand, stress is good. It makes us sit up and pay attention and LEARN! Otherwise, our potential buyers, those who have grown up with the internet, will just move on by at warp speed and leave us wondering, “what just happened?”.

  3. Robert Bishopric Reply

    This kind of “deregulation” really improved air travel and electricity is so much cheaper, right? Free-marketers always say it drives down prices. True, but you get what you pay for. The rock-bottom economic truth is that competition reduces margins.

  4. Beth Butler Reply

    Monica: I am old too! I am sad to see what the MLS has become. I remember the books – down south they were not blue but they were treasured and I often remember that you guarded them with your life. It was a violation to give an old book to a customer – something I never really understood… which is an insight into how we got here int he first place.

    Rex: I don’t mean to stress you out! Good or not, we all need to be informed so as not to get blindsided by change.

    Robert – you hit the nail on the head.

  5. Beth Butler Reply

    Just an update on this subject.
    I heard from one of our associates this weekend about property postings on Craig’s list that were either not listed in the MLS at all or actually listed by another broker. A client had emailed the associate with us for more information. When our associate called, she found that the properties were put in Craig’s list illegally. There is always someone out there trying to work around the system and some of these listing sites are fertile ground.

  6. Delilah Alvarez Reply

    Well I will certainly miss the MLS. But then again in that type of environment an internal EWM database will become necessary & valuable. I think a lot of Realtors will stay with larger firms that have good agents & well-kept databases. It will promote goodwill & sharing of data between colleagues.

    I am a board-member primarily for the MLS. One of the biggest problems with the board is that although we have a code of ethics, as an agent we see so many violations & so little action. When the market was hot, so many agents got away with murder. The ethics I have as an agent, were harnessed more from EWM & my own values, than the board or my previous brokers.

  7. Bob Galivan Reply

    As some of you know, I’ve been working on series of postings called “Where’s My Listing,” which is going to document and explain the many places where a listing can be posted – right now, I am up to around 60 places on the net where I can either directly post my listing, or have it syndicated from another partner. The idea that the MLS is non-accessible to the public is bushwa – proven by the vast number of sites where you can post a listing, and that are more accessible than the MLS.

    In our area, I cannot imagine a broker pulling out of the MLS even if it falls more into the public domain – it would be business suicide to try to go it alone – witness what happened when Ft. Lauderdale tried to do this. The regional MLS is a critical tool for us. The public can list property through posting brokers for a fee. If the DOJ decides to open the MLS to the public, it would be a given that there would have to be some fee paid for a listing, because it cannot happen for free. If MarketLynx allows owners to directly post their listings for a fee, how is that different than happens today (other than the discount pool gets smaller)?

    I do think commissions will be affected, but again, if the agent pool is smaller and my volume goes up, or if we can move towards a fee-for-service model, it might still work out in our favor.

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