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Comments: November 9, 2005
Antitrust Division RE: "Competition and the Real Estate Workshop"-Comment Project V050015 Dear Sir or Madam: The MLS is a cooperative, broker-to-broker offer of cooperation and compensation that help both brokers and customers buy and sell homes. It is not a public utility, nor should it be. The general public does not have the knowledge or experience that realtors provide. If the MLS was made a public utility, customers would have access to private seller information and may disturb the owner/tenant. This is why sellers and buyers alike enlist the services of a REALTOR® who has access to listing information and know how to use it legally and respectfully. The beauty of the MLS is that it allows real estate brokerages of every size to compete on a level playing field. It gives all of us access to an inventory of property listings that we are able to show and sell to our clients. The MLS doesn't discriminate. All MLS members are treated equally, regardless of their size or their business model, and yet the rights of property owners and their listing brokers are respected. The rules of the MLS achieve a delicate balance between respecting the rights of listing brokers so they will continue to be willing to contribute their inventory of listings and permitting cooperating brokers the ability to show those listings and be assured of receiving compensation if they bring about a successful sale. Our clients want information quickly and accurately. The MLS gives us the opportunity to provide organized information in a clear manner. It also uniquely sets agents apart from the clients, putting us in a position to help educate with the resources available to us. The MLS gives clients and REALTOR® the ability to communicate and distribute information on a listing discreetly and respectfully.
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