7 hacks to neutralize team tension before it derails performance

7 hacks to neutralize team tension before it derails performance

If you’re serious about protecting your team’s performance, Chris Pollinger writes, then stop hoping for harmony and start engineering it.

Real estate is changing fast, and so must you. Inman Connect San Diego is where you turn uncertainty into strategy — with real talk, real tools and the connections that matter. If you’re serious about staying ahead of the game, this is where you need to be. Register now!

In real estate, your team isn’t just a group of professionals — it’s your competitive edge. But when egos clash, communication breaks down and small grievances go unchecked, that edge dulls fast. And make no mistake: Conflict that starts as a whisper can end in a full-blown implosion if you don’t intercept it early.

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This isn’t about babysitting grown adults. It’s about leading high-performance operators in a high-stakes environment. You don’t have the luxury of unresolved tension. You need alignment, clarity and operational flow. Always.

7 ways to cool team tensions

Here are seven strategic, research-backed tactics to squash internal friction before it snowballs into something that costs you deals, trust or top talent.

1. Make humor a strategic tool, not a liability

Used well, humor is a pressure valve. It lowers defenses, de-escalates tension and reinforces team cohesion. But most teams don’t understand the difference between productive, affiliative humor and toxic sarcasm disguised as wit.

Your job is to set the tone. Train your team on what effective humor looks like. Make it witty, inclusive and grounded in respect. If it’s punching down or inside-joking someone into silence, it’s not humor, it’s a cultural liability.

Host a session. Use examples. Make it part of your leadership language. Humor should build bridges, not burn them.

2. Codify shared values, and lead with them relentlessly

When personalities clash, and they will, shared values become the referee. But values can’t just be posters on a wall. They have to be operationalized. That means making them part of how you hire, how you onboard, how you open meetings and how you make decisions.

Clarity of values creates consistency in expectations. That consistency creates safety. And safety eliminates 80 percent of unnecessary drama.

If your team doesn’t know exactly what your non-negotiables are, that’s not their fault — it’s your oversight. Fix it.

3. Build in structured venting before the pressure cooker blows

Avoiding friction doesn’t prevent conflict. It incubates it. People need space to speak candidly, but in a way that doesn’t devolve into dysfunction.

Implement structured venting sessions, facilitated with tight ground rules. Everyone speaks. No interruptions. Focus on facts, not feelings. Think of it as preventive maintenance for your team’s emotional engine.

Don’t wait for the blow-up. Design the release valve.

4. Engineer collaboration through environmental nudges

Smart leaders don’t just react to behavior. They design for it. Want less infighting? Eliminate the friction that creates it.

Set up shared workspaces by default. Create pre-meeting rituals that require contribution. 

Automate reminders that cue collaboration. These aren’t micromanagement tactics; they’re behavioral architecture. Subtle, powerful and scalable.

When you make it easier to work together than to work around each other, alignment becomes the path of least resistance.

5. Gamify conflict resolution because performance people respond to metrics

Most high achievers are wired for performance. So, treat conflict resolution like a measurable skill, not a moral failing.

Build a simple incentive system: points for active listening, for stepping into difficult conversations early, for finding win-win solutions. Track it. Reward it. Publicly acknowledge it.

You’re not bribing behavior.  You’re reinforcing the kind of operational excellence your business demands. If you measure it, they’ll master it.

6. Create anonymous feedback, then prove they’re safe

If your people don’t feel safe speaking up, you’ve already lost visibility into 90 percent of what’s actually happening on your team. Anonymous feedback channels, like quarterly surveys or digital suggestion boxes, can surface unseen issues before they metastasize.

But anonymity without action is worse than no system at all. Respond. Address patterns. Show movement.

Trust isn’t built on transparency alone — it’s built on follow-through.

7. Rotate leadership roles to kill entitlement and build empathy

Power dynamics often drive hidden tensions. The antidote? Rotate leadership responsibilities.

Let junior team members lead standups. Have newer hires run project retrospectives. Push senior agents into listening roles. This doesn’t just shake up stale dynamics; it builds strategic empathy.

When people understand each other’s challenges, they stop blaming and start collaborating. And when you’ve got a bench full of people who’ve tasted leadership, you’ve got options when it’s time to scale.

Real leaders don’t wait for conflict. They design against it

Conflict is inevitable. Chaos is optional. If you’re serious about protecting your team’s performance, then stop hoping for harmony and start engineering it. These seven strategies aren’t gimmicks — they’re proactive leadership mechanisms built to keep your business aligned, your culture intact and your revenue pipeline protected.

In real estate, there’s no margin for internal dysfunction. The stakes are too high, and the cost of inaction is brutal. Act early. Lead hard. Prevent the blow-up before it starts.

Chris Pollinger is the founder and managing partner of RE Luxe Leaders.

Broker Spotlight: Erwin Nicholas II, Mr. Real Estate

Broker Spotlight: Erwin Nicholas II, Mr. Real Estate

Find out how this global ambassador for Houston real estate goes beyond selling to solve his high-net-worth clients’ real estate challenges.

July is Luxury Month at Inman. We’ll take the temperature of the luxury market, talk to top producers in the ultra-luxury space and dive into the luxe trends of today — all culminating at Luxury Connect in San Diego, where we’ll announce this year’s Golden I Club honorees.

Known as Mr. Real Estate, broker and investor Erwin Nicholas II specializes in global luxury properties, high-profile digital marketing strategies and trust-based investment vehicles. Based out of Houston, Texas, Nicholas has privately brokered deals for celebrities, athletes and international investors.

He recently led the sale of NBA standout Tony Parker’s estate via livestream with some of the world’s top digital content creators, reaching more than 50 million viewers globally.

As the founder of MRE Capital, Nicholas also acts as an angel investor in emerging proptech and fintech startups. “Every transaction I complete is aligned with legacy and built on principles of faith, discipline and long-term equity,” he said.

Fatherhood isn’t something Nicholas balances with business — it’s the foundation of how he does business, he said. “My daughter, Kamila Nicholas, inspires the structure of my business — I intentionally built a company that allows me to be a father first. Every deal I make contributes to a generational trust for her and her future heirs.”

Find out how this global ambassador for Houston real estate goes beyond selling to solve his high-net-worth clients’ real estate challenges.


Name: Erwin Nicholas II

Title: Broker

Experience: 15+ years in luxury and off-market real estate

Location: Houston, Texas, plus international

Brokerage name: Mr. Real Estate

Rankings: Brokered 8-figure deal, including Tony Parker’s estate

Team: Operates as an independent broker

Transaction sides: Over 300 closed sides

Sales volume: Over $150 million in career sales


What’s one big lesson you’ve learned in real estate?

The biggest lesson I’ve learned is to lead with value, not volume. Early in my career, I focused on closing deals. Over time, I shifted toward structuring legacy — working only with clients, properties and investors who align with long-term purpose.

That mindset led me to high-trust transactions, such as Tony Parker’s estate, and global clientele, all without relying on the MLS.

What do clients need to know before they begin a real estate transaction?

The deal you make today can impact your wealth for the next decade. Real estate isn’t just about where you live — it’s one of the most powerful financial levers you can control. I ensure my clients understand tax strategies, trust structures and ROI potential before making an offer.

What would you tell a new agent before they start out in the business?

Don’t just sell — solve. Great agents are strategic thinkers who can structure deals, adapt to shifting markets and build trust quickly. Your commission is simply a reflection of how much value you bring to the table.

If you could do anything other than real estate, what would it be?

I would continue serving as a wealth strategist and investor for high-net-worth individuals, helping them preserve generational wealth through real estate, estate planning, brand development and international investments. The truth is, I’m already doing that. Real estate is my entry point, but legacy is the mission.

Tell us a story about your most memorable transaction

The most memorable deal of my career was orchestrating the sale of Tony Parker’s multimillion-dollar estate through a groundbreaking livestream with some of the world’s top digital creators. It merged luxury real estate, digital media and cultural relevance — a first for the industry.

That home wasn’t just for sale; it became part of the culture. I believe this model will transform how luxury estates are marketed in the years ahead.

Email Christy Murdock

Ditch the senseless hustle: How to create a business and life you love

Ditch the senseless hustle: How to create a business and life you love

Success isn’t about hustle; it’s about harmony. Debra Trappen writes that you don’t have to sacrifice your peace to have a successful business.

Real estate is changing fast, and so must you. Inman Connect San Diego is where you turn uncertainty into strategy — with real talk, real tools and the connections that matter. If you’re serious about staying ahead of the game, this is where you need to be. Register now!

Welcome to Lead with Fire, A Soulful Series for Real Estate Game-Changers. This is more than business advice — “Lead with Fire” is a transformative series created for the soulful, visionary humans in the real estate industry who are done with the old playbook and ready to redefine success on their own terms.

You’ve probably been sold the idea that if you just hustle harder, success will eventually show up with a trophy and a champagne toast.

But let’s be real … that path often leads to burnout, not bliss.

The truth? You don’t have to sacrifice peace to be successful.

When you decide to build a business and a life that reflects who you truly are, not just what the industry says you should be, everything begins to shift.

Define success on your terms

Success isn’t a one-size-fits-all situation. Maybe it’s time freedom. Perhaps it’s engaging in deep conversations with aligned clients. Maybe it’s a full inbox of thank-you notes from people whose lives you’ve helped transform.

The key is — you get to choose. You get to decide what matters most and build from there.

The path to alignment

Creating a business and life you love isn’t a linear checklist; it’s a living, breathing relationship with your purpose.

Here are a few sacred steps to anchor you:

  • Audit your daily calendar. What’s life-giving? What’s draining? Start to adjust.
  • Revisit your core values. Let them guide your decisions, from client attraction and onboarding to brand messaging.
  • Define or redefine your niche to fit who you are in this season.
  • Design your offerings to fit your energy. Not the other way around.

Remember, just because you can do something doesn’t mean you should.

Peace over pressure

One of the boldest moves you can make is to refuse the glorification of hustle culture and burnout.

Peace is not passive. Peace is powerfully intentional. And when you lead from a place of harmony, you become magnetic to aligned people, opportunities and rhythms.

Reflective journal prompt

If I could create my ideal day, what would it look like?

Start from the moment you wake up. Include:

  • How do you want to feel?
  • Who would you interact with?
  • What kind of work are you doing (or not doing)?
  • How are you taking care of yourself?

Let it be dreamy and doable. This vision is your blueprint.

Mantra to Lead With Fire:

“I design a life of peace, purpose, and presence. I choose harmony over hustle.”

Next up in the Lead with Fire series: What you focus on flourishes — intentional growth for life and leadership

We’ll close the Lead with Fire Series with a sacred reminder that your focus and energy are valuable currencies. Let’s get intentional about where we’re placing them

Structuring high value joint ventures for real estate brokerages

Structuring high value joint ventures for real estate brokerages

Many real estate brokerages have used joint ventures successfully to enter mortgage, title, insurance or property management verticals, Phillip Cantrell writes, increasing profitability and client retention.

Real estate is changing fast, and so must you. Inman Connect San Diego is where you turn uncertainty into strategy — with real talk, real tools and the connections that matter. If you’re serious about staying ahead of the game, this is where you need to be. Register now!

In an increasingly competitive environment, where commissions are compressed and profitability is becoming elusive, many brokerages are searching for a handle on ways to grow revenue, expand market share and diversify services, thereby diversifying revenue streams. One of the most powerful — yet potentially complex — strategies available is entering into a joint venture (JV). 

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When executed correctly, a JV can create significant upside for both parties, opening doors to new markets, resources and expertise. However, when executed poorly, it can lead to legal entanglements, financial losses and damaged reputations.

I have done it both ways: profitably and unprofitably. Hopefully, you can learn from my mistakes, and this information can save the reader some serious pain.

To maximize the benefits and avoid the pitfalls, brokerages must approach joint ventures with a strategic, disciplined process. Seeking to put one in place without heavy analysis is simply pursuing the next glittery object, just as our affiliates sometimes do.

This article roughly outlines points on initiating, structuring and managing high-value joint ventures in the real estate brokerage space — with an emphasis on thorough partner research, needs assessment and proper structuring.

The strategic view: Why consider a joint venture?

Before even considering a joint venture, know thyself. A brokerage leader should spend some serious thinking time clearly articulating written goals for the business and what is hoped to be achieved by this venture. For example, is the objective to:

  • Expand into a new geographic market?
  • Add complementary services (mortgage, title, insurance)?
  • Free up capital for growth or acquisitions that would otherwise be consumed by starting another internal vertical for these services?
  • Leverage operational expertise or technology the firm currently lacks?

Above all, understand this: Joint ventures are not shortcuts or quick fixes. They are complex, long-term commitments that require alignment of purpose, vision and execution. But when well-conceived, they can indeed offer benefits neither party could achieve independently.

Step 1: Assess internal needs and objectives

The first step is introspective: What does your brokerage truly need? Conduct a detailed SWOT analysis (strengths, weaknesses, opportunities, threats) to identify:

  • Gaps in services or capabilities
  • Limitations in capital or operational expertise
  • Opportunities that current resources cannot pursue independently

Having clear objectives will reveal the type of partner you seek and the structure of the venture itself. Avoid entering discussions with potential partners simply because “it seems like a good idea.” Vagueness at this stage almost always leads to downstream conflicts.

Step 2: Identify and research potential partners

Once your needs are defined, the next critical step is selecting the right partner. This is perhaps the most important determinant of JV success. Factors to evaluate include:

  • Financial stability: Review audited financials, tax returns and credit history.
  • Operational expertise: Does the partner bring complementary skills, systems or market access?
  • Reputation and culture: Speak with prior partners, vendors and clients.
  • Legal and compliance standing: Verify licensure, regulatory compliance and litigation history.
  • Cultural fit: Alignment of values, ethics and communication styles is crucial.

Due diligence cannot be rushed. Many brokerages engage third-party consultants, attorneys and accountants to provide objective assessments. You should, too, instead of simply accepting all the promises made by the salesperson pitching the deal. Your attorney and your accountant need to be apprised of every conversation.

Step 3: Determine the appropriate JV structure

There is no one-size-fits-all model for real estate joint ventures. The structure depends heavily on the business goals, financial contributions, risk tolerance and regulatory considerations. Common structures include:

  1. Equity joint ventures: Both parties contribute capital and share ownership in a newly created legal entity. Profits, losses and control are divided based on ownership percentage. Equity JVs work well for significant, long-term projects, such as opening new offices or expanding into ancillary services.
  2. Revenue-sharing agreements: Rather than formal equity, parties share revenues generated from specific activities. For example, a brokerage and mortgage company might share commissions from jointly originated loans. This model allows flexibility and can be easier to unwind if needed.
  3. Co-marketing arrangements: Two independent firms collaborate on branding, marketing and referrals but maintain separate financials. This structure works well when parties want to test compatibility before committing to deeper integration.
  4. Licensing and franchising models: In some cases, the joint venture may involve licensing proprietary systems, technology or branding from one party to another, while sharing revenues or royalties.

Step 4: Negotiate key terms

Regardless of structure, the following elements should be clearly defined in any JV agreement:

  • Ownership and capital contributions
  • Governance and decision-making authority
  • Profit distribution and loss sharing
  • Exit strategies and termination rights
  • Dispute resolution mechanisms
  • Confidentiality and non-compete provisions
  • Compliance with RESPA and other real estate laws or regulations

Neglecting to address any one of these areas could lead to catastrophic outcomes.

Step 5: Build strong operational management

Once established, the ongoing management of the joint venture is where many arrangements falter. As with any business, this one is only as good as the people involved. Best practices include:

  • Appointing a dedicated JV management team
  • Establishing clear reporting protocols and KPIs
  • Conducting regular joint review meetings
  • Proactively addressing issues before they escalate
  • Maintaining open, transparent communication between leadership teams

The high stakes of getting it right — or wrong

The appeal of joint ventures is real: shared resources, accelerated growth, new revenue streams and expanded capabilities. Many real estate brokerages have used JVs successfully to enter mortgage, title, insurance or property management verticals, significantly increasing profitability and client retention. Done correctly, they can be important margin contributors.

However, the risks are equally significant. Poorly vetted partners, ambiguous agreements and cultural clashes have led to expensive litigation, regulatory violations and fractured reputations. In the real estate industry — where trust, brand and compliance are paramount — a bad JV can create long-term damage.

Proceed with discipline, not emotion

Joint ventures are not romantic partnerships driven by enthusiasm alone. They are carefully engineered business mechanisms that require as much preparation as any major financial investment.

With proper research, aligned objectives, carefully structured agreements and strong management, joint ventures can be one of the most lucrative growth strategies for a real estate brokerage. Without those safeguards, they can become costly distractions or, worse, full-blown disasters.

Phillip Cantrell is the CEO of Benchmark Realty. Connect with him on Facebook and LinkedIn.

Downward trend in mortgage rates not enough to spur homebuyers

Real estate is changing fast, and so must you. Inman Connect San Diego is where you turn uncertainty into strategy — with real talk, real tools and the connections that matter. If you’re serious about staying ahead of the game, this is where you need to be. Register now!

Mortgage rates continue to trend down, sparking interest in refinancing but not doing much to get homebuyers off the fence last week, according to a weekly survey of lenders by the Mortgage Bankers Association.

The MBA’s Weekly Mortgage Applications Survey showed applications to refinance were up 7 percent last week compared to the week before, and 40 percent from a year ago.

Demand for purchase loans was essentially unchanged from the week before, but up 16 percent from a year ago.

Joel Kan

Requests to refinance accounted for 40 percent of all mortgage applications, “as overall uncertainty continues to hold homebuyers out of the market,” MBA Deputy Chief Economist Joel Kan said in a statement.

At 6.64 percent Tuesday, rates on 30-year fixed-rate mortgages are down 28 basis points since May 21 and 41 basis points from a 2025 high of 7.05 percent registered on Jan. 14, according to rate lock data tracked by Optimal Blue.

Mortgage rates trending down

But there’s no telling if the downward trend in mortgage rates is sustainable, economists say. Hopes that home sales will pick up could depend on additional inventory coming onto the market, which could cool or reverse home price gains.

MBA economists are forecasting that rates on 30-year fixed-rate loans will end the year about where they are now, while Fannie Mae predicts rates will drop to 6.5 percent by Q4 2025 and to 6.1 percent by the end of next year.

Federal Reserve policymakers have signalled that they expect to cut short-term interest rates twice later this year to keep unemployment in check. They’ve been holding off on taking action until they see whether the Trump administration’s policies in areas including tariffs, immigration, taxes and regulation impact inflation.

Ongoing tariff negotiations have added to the uncertainty, with a 90-day pause on country-specific “reciprocal tariffs” set to expire on July 9.

With consumers already paying baseline tariffs of 10 percent on about 35 percent of all imports and even higher rates on some other goods, the average effective tariff rate on imports is currently 15.8 percent — the highest since 1936, according to a June 17 analysis by The Budget Lab at Yale.

If the Trump administration follows through on threats to raise tariffs on imports from the European Union to 50 percent, to 35 percent on imports to Japan, and to 25 percent on other countries, the average effective tariff rate will rise by 6 percentage points, economists at Pantheon Macroeconomics said in their July 3 U.S. Economic Monitor report.

That would boost the impact of tariffs on consumer prices to 1.5 percent, up from 1 percent today, Pantheon forecasts.

“In the end, however, we expect any ratcheting-up of the tariffs to be short-lived,” Pantheon economists Samuel Tombs and Oliver Allen wrote. “Other countries will respond forcefully; they all saw Mr. Trump fold to pressure from China in May.”

Inflation moved away from Fed’s target in May

The latest reading of the Federal Reserve’s preferred inflation gauge, the personal consumption expenditures (PCE) index, shows consumer spending shrank by $29.3 billion in May, and that the annual rate of inflation moved away from the Fed’s 2 percent goal, to 2.3 percent.

Get Inman’s Mortgage Brief Newsletter delivered right to your inbox. A weekly roundup of all the biggest news in the world of mortgages and closings delivered every Wednesday. Click here to subscribe.

Email Matt Carter

With an eye on future lawsuits, Compass formally repudiates CCP in letter to NAR and MLSs

With an eye on future lawsuits, Compass formally repudiates CCP in letter to NAR and MLSs

Real estate is changing fast, and so must you. Inman Connect San Diego is where you turn uncertainty into strategy — with real talk, real tools and the connections that matter. If you’re serious about staying ahead of the game, this is where you need to be. Register now!

Compass CEO Robert Reffkin has officially informed the National Association of Realtors and multiple listing services across the country, in writing, that the national real estate brokerage does not consider NAR’s Clear Cooperation Policy or any other national NAR MLS rule as “binding” and will not comply with them.

However, the brokerage said it will continue to train its agents to comply with local MLS rules, including those that MLSs adopt at NAR’s behest. MLSs that adopt the Clear Cooperation Policy require listing brokers to submit listings to their platform within one business day of publicly marketing them.

“Compass does not consider the Clear Cooperation Policy or any national NAR MLS rule impacting clients as binding and, accordingly, has not and will not adhere to CCP or any national NAR MLS rule impacting clients as a matter of course,” Reffkin wrote in a letter Compass sent to NAR and MLS leaders this week.

“Programmatically, Compass has not followed any national, mandatory NAR MLS rules in a consistent or coordinated manner. Each MLS in which Compass operates has its own rules, and our agents are trained to comply with local MLS regulations, not national NAR mandates restricting client options,” he added.

NAR did not respond to a request for comment. Howard Hanna CEO Hoby Hanna sent a similar letter to NAR and more than 70 MLSs in May.

Reffkin is clear in his letter that this is not the first time Compass has informed NAR of Compass’s lack of compliance with the CCP.

“[W]e met with NAR’s CEO on May 2, 2024, to explain CCP’s illegality and affirm our non-adherence to the rule,” Reffkin wrote.

“In September 2024, we formally proposed to NAR’s Emerging Issues Committee that the rule be removed entirely.”

Reffkin is referring to NAR’s MLS Technology and Emerging Issues Advisory Board, a subset of NAR’s Multiple Listing Issues and Policies Committee, which handed off the decision of whether to repeal the CCP to NAR’s leadership team. NAR ultimately decided to keep the policy, but added a new policy called Multiple Listing Options for Sellers, which allowed for the delayed marketing of listings.

For perhaps the first time, Reffkin’s letter stresses that Compass won’t follow “any national NAR MLS rule impacting clients.” However, it does not specify what other rules besides CCP the company is referring to. NAR’s MLS policy handbook is 199 pages long. The company said it had no other rule in mind when drafting the letter, simply “rules that may restrict consumer choice.”

The CCP, like all NAR MLS rules, is not a rule that NAR directly requires any listing broker to follow and NAR does not impose any consequences on brokers who do not follow the rules. NAR MLS rules are adopted by local or regional Realtor-affiliated MLSs, which then require and enforce the rules on their agent and broker subscribers.

MLS subscribers who violate local MLS rules may face fines — sometimes hefty ones of thousands of dollars in the case of a CCP violation — from the MLS, as well as possible suspension or expulsion for repeat violations.

Compass does not generally have a practice of reimbursing for fines, the brokerage told Inman.

“Each agent makes a decision based on the demands and needs of their sellers,” Compass said.

“There’s some agents who their seller is very specific in directing them to market their home in a specific way, and the agent is comfortable incurring the fine as a result of that. It’s the local agent’s decision to think about how to market their home based on the instruction they get from a seller.”

The letter is Compass’s latest volley against a rule the brokerage has publicly opposed from before NAR enacted it in 2020. But Compass said it had previously “never formalized” or “shared broadly across the MLSs” its business practice in regards to CCP before. Compass says it subscribes to about 250 MLSs.

“The purpose of the letter is simply to ensure that it is well understood broadly amongst the relevant stakeholder groups that Compass as a corporation is not complying with or adhering to the national NAR MLS-mandated rule around CCP,” Compass told Inman.

“This is not a new practice [or] a new behavior, but the letters are sort of putting a point on or really clarifying that practice in a pronounced way,” Compass added.

The move also appears to be one that is meant to provide the company with some legal cover.

“National NAR-mandated MLS rules have created tremendous legal risk for the industry,” Compass said.

“Obviously, the commissions lawsuits being the most recent of those … that cost the industry a billion dollars. That’s an added consideration here: the need to be on the record, so to speak, as not in compliance with the rules of CCP.”

Compass believes it’s important to articulate that it’s not necessarily going to follow everything that NAR mandates, particularly after having to pay out $57.5 million to settle its own commission-related antitrust lawsuits that stemmed from NAR’s now-defunct cooperative compensation rule, the company said.

“The rule that the commission lawsuits for Sitzer/Burnett was really anchored around was a nuanced rule, not one that I think certainly Compass or other brokerages really supported or felt strongly about, and yet we were on the hook for nearly $60 million for a rule we didn’t create and we didn’t necessarily support,” Compass said.

“Fool me once, shame on you. Fool me twice, shame on me. We’re trying to be more proactive in how we think about ensuring that we’re not blindly following every rule that’s nominated. We recognize that those are the things that can get the industry in trouble.”

Inman has asked whether Compass has thus far been sued over the CCP and will update this story if and when a response is received. Compass itself has filed lawsuits against Northwest MLS (NWMLS) and Zillow for their policies regarding marketing listings off of the MLS — a practice crucial to Compass’s business model.

According to Compass, in the last several weeks, the brokerage has updated its company policies to “state that Compass will not ask agents to follow, and will not adhere to, CCP or any national MLS mandates restricting how they work with their clients and will not ask any clients to follow any national NAR MLS mandates.”

Reffkin’s letter references the update and adds, “Instead, Compass will continue to determine on a market-by-market basis whether to require its listing brokers to submit listings on a multiple listing service within any specific timeframe. These decisions are made based solely on Compass’s own business interests, independent of NAR and any other brokerage.”

Compass told Inman that local Compass brokers are empowered to train their agents to follow whatever MLS rules make sense locally.

“Our agents are well-informed of what constitutes a violation of CCP,” Compass said.

“We are not requiring our agents to adhere to CCP. Our business practices [are] consistent with local CCP implementation. But again, there are times where sellers and their agents choose to do something different that may result in a CCP violation, and we don’t punish our agents if they do that.”

Asked whether Compass had any criteria the company wanted its brokers and agents to consider when making those decisions, Compass noted there was “a lot of local nuance in these businesses” in terms of what local and state laws are and what local Realtor association and MLS rules are.

“We think that our agents should be working as fiduciaries to the buyers and sellers they represent, and they should be advising, but ultimately following the direction of their clients,” Compass said.

“They’re legally bound to do that by state law in almost every state. Over and above that, at the local level, these are really brokers of records whose responsibility is to ensure compliance and ethical business practices per existing, localized mechanisms. So they’re going to continue to do that in a way they always have. It’s really brokers of record at the local level who are licensed, as such, who will continue to make the localized decisions around compliance.”

Read Reffkin’s letter in full below:

Subject: NAR National MLS Mandates

From: Robert

To:

Dear [MLS Name/NAR Leadership],

Compass’s position on NAR’s Clear Cooperation Policy (“CCP”) or similar rules is, and always has been, clear. Compass has never agreed to or with CCP, and explicitly voted against it in 2019. Since CCP’s inception, Compass has consistently acted to demonstrate its non-adherence to the policy’s consumer restrictions, utilizing Compass Private Exclusives and Compass Coming Soons to provide consumers with broader choices and options to market properties outside of NAR’s MLSs.

Compass has been a vocal and active opponent of the CCP since its initial proposal in 2019, consistently lobbying NAR and local MLSs for its full removal due to its anti-competitive and anti-consumer nature. In addition to voting against the policy in 2019, our sustained opposition has included organized lobbying efforts, direct engagement with NAR’s leadership and legal teams, issuing a demand letter to Bright MLS in October 2019 to prevent premature implementation, and discussing our opposition with representatives of the US Department of Justice. More recently, we met with NAR’s CEO on May 2, 2024, to explain CCP’s illegality and affirm our non-adherence to the rule. In September 2024, we formally proposed to NAR’s Emerging Issues Committee that the rule be removed entirely.

For many years, Compass repeatedly warned the industry of the legal risk of rules like CCP, especially from future class actions. In the coming years, the risk is significant that the industry could face class actions that are distinct from the currently pending compensation-focused cases, with the potential for a significant amount of damages.

Compass does not consider the Clear Cooperation Policy or any national NAR MLS rule impacting clients as binding and, accordingly, has not and will not adhere to CCP or any national NAR MLS rule impacting clients as a matter of course. This is reflected in our company policies with our agents, in which we state that Compass will not ask agents to follow, and will not adhere to, CCP or any national MLS mandates restricting how they work with their clients and will not ask any clients to follow any national NAR MLS mandates. Programmatically, Compass has not followed any national, mandatory NAR MLS rules in a consistent or coordinated manner. Each MLS in which Compass operates has its own rules, and our agents are trained to comply with local MLS regulations, not national NAR mandates restricting client options.

Instead, Compass will continue to determine on a market-by-market basis whether to require its listing brokers to submit listings on a multiple listing service within any specific timeframe. These decisions are made based solely on Compass’s own business interests, independent of NAR and any other brokerage.

Sincerely,

Robert

Email Andrea V. Brambila.

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