good overview of DOJ vs NAR
just saw this article about the DOJ suit against the national association of realtors linked from the matrix blog. i think the key paragraph is this one about the new opt-out rules to keep MLS listings off the internet:
The policy does not require brokers to disclose to clients that their listings would be withheld from some prospective purchasers as a result of the brokers’ opt-out decision. In addition, in the markets that have already implemented the Policy, brokers have already exercised their opt-out rights and have excluded their clients’ listings from broker operated VOWs, as well as from brokers who will use password protected Web sites to provide listings to their customers in the future.
brokers will not be required to tell their clients that listings are being kept off the internet, but in an increasingly buyers’ market, the sellers are almost certain to learn of this policy, and my guess is that they will NOT be pleased. if i were selling today, would i want my listing withheld from the internet? well the short answer is: no way.

