NAR Scraps Co-mingling Rule

The National Association of Realtors (NAR) in the US has officially overturned its controversial “no-commingling” policy, whereby non-MLS real estate listings were barred from appearing alongside listings on the MLS.

The now-rescinded rule previously allowed US-based multiple listing services (MLSs) to stop brokers from displaying MLS listings alongside properties from non-MLS sources.

Declining uptake and ongoing controversies surrounding the rule saw it repealed by the NAR's Executive Committee this week. According to court filings, just 29% of MLSs associated with the NAR were actively enforcing the rule before the rollback. One CEO described the co-mingling policy as an "optional rule".

Matt Consalvo, CEO at Arizona MLS and a member of the NAR's Executive Committee, said:

"Optional rules create confusion. This change brings clarity for brokers working across markets."

Zillow, for example, abided by the co-mingling policy, albeit reluctantly, before quietly rolling back its compliant two-tab search in April. It also recently settled a lawsuit by now-defunct brokerage REX, which had asserted that Zillow's two-tab experience actually led to the demise of the business.