{"id":2392,"date":"2007-12-18T23:46:21","date_gmt":"2007-12-19T06:46:21","guid":{"rendered":"http:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/?p=2392"},"modified":"2007-12-18T23:54:56","modified_gmt":"2007-12-19T06:54:56","slug":"a-bolt-from-the-blue-for-the-ftc","status":"publish","type":"post","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/2392\/a-bolt-from-the-blue-for-the-ftc\/","title":{"rendered":"A Bolt From the Blue for the FTC"},"content":{"rendered":"

I have to agree with the FTC ‘s initial action but for all the wrong reasons. And I don’t agree with them now pursuing the case further. A few days ago a Judge \"bolddismissed the complaint<\/a> filed by the FTC against a Detroit area Multiple Listing Service. The position of the FTC was that it was “hurting consumers” for Realcomp to deny brokers using an “exclusive agency listing<\/a>” the right to be on Realtor.com and other public websites. The brokers who were up against the FTC decided it would be easier to just stop doing it so the judge dismissed the complaint. The FTC officials plan to pursue the case further (making a “Federal case out of it).<\/p>\n

From Inman on December 13th:<\/p>\n

This policy, which was adopted following the FTC’s complaint against Realcomp and other MLSs, provides an exception that allows MLSs to ban the transmission of listing information if the listed property’s street address or a graphic display of a property’s location is publicly displayed and the seller displays a for-sale-by-owner sign on the property or another sign or notice that indicates that the seller is seeking direct contact from buyers.<\/em><\/p>\n

Meanwhile, Albert Hepp, a flat-fee broker who serves as president of the American Real Estate Broker Alliance, a national alliance of flat-fee brokers, said he is disappointed with the judge’s decision and NAR’s stance on the issue.<\/em><\/p>\n

“We are disappointed in the ruling and urge the FTC to appeal,” he said. “Anyone who truly understands the MLS knows that this is a clear-cut case of an MLS hiding the listings of discounters to harm consumer choice. Once again, the NAR has unfortunately chosen to fight competition while claiming to promote it.”<\/em><\/p>\n

For example, an attachment to the judge’s decision details an agreement by Realcomp and the FTC over a contested “search function policy” adopted in 2003 that defaulted to a search of exclusive-right-to-sell listings and required MLS users to specifically search for exclusive-agency listings to view those properties. That policy was changed in April 2007, and the agreement provides that Realcomp “shall … cease and desist from adopting or enforcing any policy, rule, Read more<\/a><\/em><\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

I have to agree with the FTC ‘s initial action but for all the wrong reasons. And I don’t agree with them now pursuing the case further. A few days ago a Judge dismissed the complaint filed by the FTC against a Detroit area Multiple Listing Service. The position of the FTC was that it […]<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_crdt_document":"","jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[4,11,6,10],"tags":[],"class_list":{"0":"post-2392","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"hentry","6":"category-disintermediation","7":"category-dual-agency","8":"category-marketing","9":"category-realty-reality","11":"no-featured-image"},"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":1435,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/1435\/ftc-to-ncrc-regarding-zillowcom-what-price-justice\/","url_meta":{"origin":2392,"position":0},"title":"FTC to NCRC regarding Zillow.com: What price justice?","author":"Greg Swann","date":"May 15, 2007","format":false,"excerpt":"The attempted shakedown of Zillow.com that began last October -- when The National Community Reinvestment Coalition (NCRC) sent a letter to the Federal Trade Commission (FTC) complaining that the nascent Seattle-based Automated Valuation Model (AVM) was misleading minority homeowners about the value of their homes -- has come to stunningly\u2026","rel":"","context":"In "Disintermediation"","block_context":{"text":"Disintermediation","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/disintermediation\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":10014,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/10014\/mr-ftc-man-dont-gore-my-ox\/","url_meta":{"origin":2392,"position":1},"title":"Mr. FTC-Man: Don’t Gore My Ox!","author":"Damon Chetson","date":"October 9, 2009","format":false,"excerpt":"The FTC issued guidelines this week requiring bloggers to disclose whether they have received free products in exchange for endorsements. It was as if the FTC had read my post earlier this week praising the ScanSnap Scanner and my voluntary disclosure that the fine folks at Fujitsu had not plied\u2026","rel":"","context":"In "Blogging"","block_context":{"text":"Blogging","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/blogging\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":654,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/654\/redfin-again\/","url_meta":{"origin":2392,"position":2},"title":"Redfin Again","author":"Russell Shaw","date":"November 19, 2006","format":false,"excerpt":"Trevor Smith writes (and I respond): Your comment about Redfin is not only ignorant it is probably borderline libel. Please feel free to pass my comments and my contact information along to them. Do you even know exactly what services Redfin does or does not provide? No. What I do\u2026","rel":"","context":"In "Disintermediation"","block_context":{"text":"Disintermediation","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/disintermediation\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":880,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/880\/community-choice-in-real-estate\/","url_meta":{"origin":2392,"position":3},"title":"Community Choice in Real Estate","author":"Russell Shaw","date":"January 10, 2007","format":false,"excerpt":"\"Interested\" wrote: What would be the disadvantage of listing a home with a Realtor who charges a flat fee based on services provided? Brian Brady responded: I'd like to take stab at this question: It's economics. There is a school of thought that suggests that Realtors are clerks; some are.\u2026","rel":"","context":"In "Disintermediation"","block_context":{"text":"Disintermediation","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/disintermediation\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":635,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/635\/avid-avm-aversion-extends-only-to-zillowcom-ncrc-off-shoot-starts-competing-on-line-valuation-service\/","url_meta":{"origin":2392,"position":4},"title":"Avid AVM aversion extends only to Zillow.com: NCRC off-shoot starts competing on-line valuation service . . .","author":"Greg Swann","date":"November 13, 2006","format":false,"excerpt":"Curiouser and curiouser. Could it be that NCRC's motive is not to shake-down Zillow.com but to sully its reputation, in advance of going into competition against it? From InmanNews (fingered by Jim Duncan of Real Central VA):Zillow officials say their valuations should also be seen as a starting point for\u2026","rel":"","context":"In "Blogging"","block_context":{"text":"Blogging","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/blogging\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2202,"url":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/2202\/a-consumers-guide-to-the-divorced-real-estate-commission-cataloging-benefits-starting-with-a-complete-catalog-of-available-homes\/","url_meta":{"origin":2392,"position":5},"title":"A consumer’s guide to the divorced real estate commission: Cataloging benefits — starting with a complete catalog of available homes","author":"Greg Swann","date":"November 10, 2007","format":false,"excerpt":"Part IV: Divorcing the real estate commissions will result in benefits not just for buyers but also for their agents and for the real estate market as a whole The National Association of Realtors is embroiled right now in a protracted anti-trust suit brought by the United States Department of\u2026","rel":"","context":"In "Marketing"","block_context":{"text":"Marketing","link":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/category\/marketing\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/2392","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/comments?post=2392"}],"version-history":[{"count":0,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/posts\/2392\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/media?parent=2392"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/categories?post=2392"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bloodhoundrealty.com\/BloodhoundBlog\/wp-json\/wp\/v2\/tags?post=2392"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}