David Saks: Is the Realtor® Brand A National Conspiracy That Restricts Fair Trade?

David Saks - Real Estate Broker - The Real Estate Mart of Tennessee, Inc. - 4040 North Watkins-Suite #4 - Memphis, Tennessee 38127 - Phone (901) 357-4663

Is the Realtor® Brand A National Conspiracy That Restricts Fair Trade?






seen its membership decline 21 percent from its

peak of 1.35 million members in 2006 to 1.06

million in 2010. The numbers will likely be down

in 2011 as well."

Stacey Moncrieff, editor in chief for REALTOR®

Magazine and managing director of publishing for


Realtor Magazine April 2011

Before we start cheerleading again, like we did ten years ago, a glimpse at the past wouldn't hurt:

Here's my original post from February 2013

Is the Realtor® Brand A National ConspiracyThat Restricts Free Trade, Desecrates Anti-TrustLaws & Plunders It's Members ?

The following links are from the Department of Justice:


U.S. v. National Association of Realtors

Issue: The Division challenged NAR's MLS rules that inhibited competition from Internet-based brokers. On November 18, 2008 the Court entered a Final Judgment approving a settlement against NAR.

Under the Final Judgment, NAR repealed the policies challenged by the United States and replaced those policies with rules that do not discriminate against innovative brokers who use the Internet to provide high-quality, low-priced brokerage services to consumers.

Case filings: U.S. v. National Association of Realtors

November 18, 2008

Court decision: Final Judgment

May 27, 2008

Press release: Justice Department Announces Settlement with the National Association of Realtors

October 4, 2005

Press release: Department of Justice Amends Antitrust Lawsuit Against National Association of Realtors

September 8, 2005

Press release: Justice Department Sues National Association of Realtors for Limiting Competition Among Real Estate Brokers

Has anything changed ?

Is the market improvement on solid ground or thin ice ?

Is the improvement relative to the capital strength of the lending institutions that survived the secondary mortgage meltdown and stats skewed, one-sided, predetermined and biased for the benefit of the cheerleaders wearing false positives like a tarnished crown of glory ?

How can this nation's financial institutions provide capital without any interest in mortgage pools ?

Have secondary investors gained any ground in attempts to recover their losses from dirty subprime fallout ?

Did Ginnie Mae tuck tail and run when the time came to guarantee those pools ?

Is NAR trying to cover up a run in it's stocking ?

What's your take on it ?

David Saks

Time&Temp Memphis

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Comment balloon 2 commentsDavid Saks • June 24 2014 12:05AM


My take for the decline is agents are getting out of the business. Many of the ads NAR puts out on the radio in my market area are embarrassing, to say the least. In my opinion, my state board has more sense and a better grip on why real estate sales are not so sunny in Southern California.

Posted by Pamela Seley, Residential Real Estate Agent serving SW RivCo CA (West Coast Realty Division) about 6 years ago

Lot's of resignations nation-wide, Pamela. and NAR keeps on smiling and stiffing it's existing members to cover it's dues losses and litigation costs, like that stupid Realtor Party Political Action Survival Intitiative fee that they tacked on to the dues a couple of years ago. I think it was a dirty cloaked method to recover the massive losses from the hundreds of thousands of resignations and a way to cover their butts againsts the litigation cost losses in the anti-trust case. When the DOJ sues NAR members have to cover the costs.

Posted by David Saks ((retired)) about 6 years ago

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