What Does The NAR v. DOJ Case Settlement Mean?

The U.S. Lawsuit vs. the National Association of Realtors Online Listing Policy Is Being Settled as of May 27, 2008, which calls for the adoption of a new online listings policy.

Source: settlement proposal (United States v. National Association of Realtors, May 27, 2008)

The lawsuit had challenged the NAR policies governing the online sharing and display of property listings, including Virtual Office Web site (VOW) and Internet Listings Display (ILD) policies.

The biggest win for NAR was the DOJ's concession that MLS members must be actively engaged in real estate transactions, which is defined broadly include brokers who make an effort to be engaged in real estate transactions, but fail to close any deals over an extended period of time.
Another NAR win is a registration requirement that will restrict access to VOWs and enable brokers to keep records of VOW-registered e-mail addresses. Those must be confirmed before the registrant can access the VOW.
Other data-sharing policies for multiple listing services and participants, known as Internet Data Exchange (IDX) policies, were not challenged in the lawsuit and are not affected by the proposed settlement.

The proposed settlement provides that the display of listing information on a VOW site does not require separate permission from the participant whose listings will be available on the VOW. However, it does provide that individual sellers can choose to block information about their home from display on the Internet.

The proposed settlement is not yet final, will be published in the Federal Register and is subject to a 60-day comment period and a 30-day review by a judge. NAR must adopt the modified VOW policy within five business days of the final judgment on the settlement agreement.

Posted by Harrison K. Long, Explore Properties Group, May 28, 2008
Source: settlement proposal (United States v. National Association of Realtors, May 27, 2008)