Industry Relations

Industry Relations Episode 062: The DOJ Reneged on Its Settlement with NAR—What Happens Next?


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Early this month, in an unprecedented move, the Department of Justice pulled out of its proposed settlement with NAR. And soon thereafter, President Biden issued an Executive Order on Promoting Competition in the American Economy.

An executive order with a specific clause concerning ‘exclusionary practices in the brokerage or listing of real estate.’ So, what’s going to happen next?

On this episode of Industry Relations, Rob and Greg discuss what Biden’s executive order means for real estate, describing the kind of regulations the FTC might impose on the industry in 2022.

They address the influx of institutional capital in real estate in the last two years, exploring what that could mean for buyer’s agent commissions and why it actually might be good for NAR’s renegotiation with the DOJ.

Listen in for insight on the need for price discrepancy between a good and bad buyer’s agent and get Rob and Greg’s opposing predictions on how the government might change the rules around cooperation and compensation—or not.

 

What’s Discussed:  

How the DOJ reneged on its settlement with NAR and why it’s a big deal

What Biden’s executive order on competition means for real estate

The ideas re: concentration of power behind the Bradeis movement

Why Rob thinks the real estate lobby is at its weakest right now

Greg’s prediction that mortgage banks will step in to keep buyer’s agent commissions the same

The influx of institutional capital in real estate in the last two years (and why that might be good for NAR’s renegotiation)

The number of new business models designed to help consumers buy, sell and finance homes

Rob’s view that institutional investors will support the elimination of buyer’s agent commissions

The lack of price discrepancy between a good and bad buyer’s agent in real estate

Rob’s thought experiment re: whether the rich need buyer’s agents

Rob’s prediction that the FTC will issue proposed regulations for real estate

 

Connect with Rob and Greg: 

Rob’s Website

Greg’s Website 

Resources:

Blockchain and Real Estate on Notorious POD EP022

Propy

Justice Department Withdraws from Settlement with the National Association of Realtors

Rob’s Post on the DOJ Pulling Out of Its Settlement with NAR, Part 1

Rob’s Post on the DOB Pulling Out of Its Settlement with NAR, Part 2

Biden’s Executive Order on Promoting Competition in the American Economy

‘Amazon’s Antitrust Paradox’ by Lina M. Khan

‘BlackRock Is Not Ruining the US Housing Market’ in The Atlantic

Rob’s Response to The Atlantic Article

Knock Home Swap

Orchard

Tomo

Rob’s Post: Do the Rich Need Buyer’s Agents?

 

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Industry RelationsBy Rob Hahn and Greg Robertson

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