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James Kimmons
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By James Kimmons, About.com Guide to Real Estate Business

Competition in the Real Estate Brokerage Industry - #4

Tuesday May 22, 2007
The importance of the MLS

Still in Section B of the DOJ/FTC report on competion in the real estate brokerage industry, the importance of the MLS is stated emphatically. The report states these primary elements of importance of the MLS (report quoted in italics):

  • Home sellers benefit from exposure of their listings to a wide audience of potential buyers, increasing the probability of selling their homes quickly and at an optimal price for those sellers.
  • In addition, sellers, through their brokers, can use the MLS information on comparable homes to decide whether to sell their homes and, if so, at what price.
  • Buyers also benefit from the MLS because they can go to a single source (that is, a single broker) for information regarding the vast majority of homes for sale within a given area, instead of visiting multiple brokerages to obtain such information. Access to the largest number of potentially appropriate homes for sale allows buyers to maximize their chances of finding a home that most closely matches their desired characteristics.
  • As previously noted, brokers using the MLS reduce the costs of matching buyers and sellers and can market their service to a large set of potential clients. Further, by stating up-front the compensation being offered to a cooperating broker, the MLS can reduce the costs associated with listing brokers having to negotiate separately with each potential cooperating broker.55 As a result, the use of an MLS can substantially reduce transaction costs.
  • Well, it looks like all parties believe the MLS is of great benefit to buyers, sellers and real estate brokers. This is the last paragraph in Section B:

    Due to these significant efficiencies and procompetitive features, the Fifth Circuit held that the alleged MLS-related restrictions at issue should not be condemned as per se illegal. At the same time, the Court held that the efficiencies and benefits flowing from the MLS, combined with other factors, resulted in the MLS having market power in a relevant antitrust market, thereby simplifying the rule of reason inquiry concerning the legality of restrictions imposed by the MLS and its members.

    What did they say? It sounds like the MLS is so very important that restrictions in it's rules shouldn't be declared "illegal", but the market power of the MLS makes it a fair target for scrutiny as to possible antitrust violations.

    Entire series: #1, #2, #3, #4, #5, #6, #7, #8, #9, #10, #11, #12, #13, #14, #15, #16, #17, #18, #19 & final

    Comments
    May 22, 2007 at 12:15 pm
    (1) Athol Kay says:

    This is a good series Jim, keep it up.

    May 29, 2007 at 2:15 pm
    (2) realestate says:

    Athol:

    For some reason Akismet Spam decided to take a dislike to you last week, and I just caught it. Sorry, but your comments on several posts are now there, even though the Comment count may not show it. Thanks for the encouragement too, as it’s a bit tedious going through the report.

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