Last week, a Lewis & Llewellyn team consisting of Toby Snyder, Zack Flood and Paul Llewellyn filed a brief in the Ninth Circuit Court of Appeals, on behalf of the firm’s client, Top Agent Network, challenging the National Association of Realtors’ so-called “Clear Cooperation Policy.”  The draconian rule requires real estate agents to submit a real estate listing to the MLS within one business day of “marketing” a property to the public.  The NAR has defined marketing extremely broadly to include two agents even discussing a property.  The appeal has already attracted the attention of the media, including Law360, Inman and The Real Deal, as well as the U.S. Department of Justice, which has asked the Court for permission to file an amicus brief.  Stay tuned for further details.

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