Governance: Can Boards Alter Property Rights?

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In this episode, Rob and Greg dive into the controversy surrounding CRMLS's End User License Agreement (EULA) and the debate over MLS data ownership. The discussion begins with updates in the MLS world that brought attention to how CRMLS's EULA—originally updated for two-factor authentication—resurfaced older language asserting MLS ownership of listing data. Rob argues that this fundamental change to broker data rights was poorly communicated, while Greg defends CRMLS, emphasizing the operational benefits and the long-standing nature of the clause. The two debate whether brokers were properly informed, what this means for data copyright, and if MLSs should have done more outreach when the change occurred.

• Origin of the Issue: CRMLS's update around two-factor authentication drew attention to older language asserting MLS ownership of listing data.

• Miscommunication Fallout: Many brokers—and even industry insiders—were unaware of this language, leading to confusion and criticism.

• Refkin's Role: Compass CEO Robert Reffkin's public posts sparked renewed scrutiny, prompting industrywide debate about transparency and data rights.

• Ownership vs. Protection: Rob questions whether MLSs need to claim ownership to protect data; Greg argues it benefits brokers by organizing and monetizing data more effectively.

• Governance Concerns: Rob challenges whether MLS boards can alter members' property rights without broader consent; Greg notes such changes are vetted by directors and attorneys.

• Communication Failure: Both agree MLSs must improve how they notify and educate brokers about major policy shifts.

• Potential Next Steps: Rob suggests bringing CRMLS's Ed Zorn and an affected broker on a future episode to clarify the rationale and implications.

Links

Inman Article

The Education of Mr. Reffkin

The MLS Is Taking a Fateful Step: Who Owns the Listing?

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