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Overview

Rob and Greg are joined by Nick Aufenkamp (Realtor Gone Rogue), a Vancouver, WA-based broker and Substack writer, for a debate on the Zillow v. MRED lawsuit, private/exclusive listings, and whether the MLS should function as a public utility. Nick attended the preliminary injunction hearing in person and shares firsthand takeaways on Compass, MRED, and Zillow's roles in the case, followed by a wide-ranging debate on data access, buyer vs. public rights, Bright MLS's new listing rules, and NAR's recent guidance on exclusive listings.

Key Takeaways

• Nick introduces himself: a broker of ~5 years in Vancouver, WA, founder of the DIY Home Buyer Academy, and writer of the Realtor Gone Rogue Substack, launched in February 2026.
• Nick recaps the Zillow v. MRED preliminary injunction hearing, which determines whether MRED must keep Zillow's data feed live for 40,000+ Chicagoland listings.
• Discussion of whether Compass's move to feed out-of-state listings into MRED forced MRED's hand, and whether MRED "got played" in its partnership with Compass.
• Debate over whether an MLS has an implicit geographic boundary, and who gets to define "objective criteria" for listing access under the 2008 DOJ/NAR settlement.
• Analysis of Bright MLS's new rule letting agents skip syndication and price/days-on-market tracking without penalty, and how it could reshape Compass's "3-phase marketing" strategy.
• Core philosophical debate: does the general public have any rights to MLS data, or only buyers — and does treating the MLS as a "public utility" mean it should be regulated as one?
• Rob and Greg spar over whether hiding listing data (price, days on market) erodes public trust or simply reflects a legitimate marketing strategy.
• Discussion of fiduciary duty and lawsuits as a check on bad-actor brokerages, versus more mandatory disclosure rules.
• Closing debate on whether NAR is still genuinely invested in the MLS, and whether its recent guidance on exclusive listings is too little, too late.

Links Realtor Gone Rogue

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