Paul Waldie, Richard Blackwell and Jacquie McNish
Published on Tuesday, Feb. 09, 2010 12:52AM EST Last updated on Tuesday, Feb. 09, 2010 6:47AM EST
The federal Competition Bureau has launched an aggressive attack on the Canadian Real Estate
Association, challenging its rules governing the Multiple Listing Service and calling for a radical change in how homes are sold in Canada.
“Our concern is that [CREA] are improperly and unlawfully leveraging [their control over MLS] in order to impose these restrictions and to deny competitive forces and to deny good old-fashioned market competition,” said Competition Commissioner Melanie Aitken. “This case is focused pure and simple: Let consumers have the choice, let agents have the opportunity to satisfy and serve those choices.”
The MLS has been around for more than 50 years and only registered agents are allowed to list homes on the service. The MLS trademark is owned by CREA, which has nearly 100,000 members, and each real-estate board operates the service in their region. Roughly 90 per cent of all residential real-estate transactions in Canada involve MLS data.
The bureau has asked the federal Competition Tribunal to strike down a series of rules CREA adopted in 2007 that tightened the MLS listing requirements.
Ms. Aitken said the rules stifled competition because they restricted the type of services real-estate agents offered, which resulted in higher fees for consumers. Agents who wanted to offer a wider range of services, such as flat fees instead of traditional commissions charged by full-service agents, have been excluded from the MLS by CREA, she added. “What that means is consumers don’t have any choice, it’s either all [services] or nothing,” she said.
