Dear Unlock MLS Subscribers –
On September 8, Unlock MLS received a letter from attorneys representing Compass, Inc. threatening a federal antitrust lawsuit unless we agree, by October 6, to stop applying any consequence when a listing is publicly marketed without being shared through the MLS in direct violation of Unlock MLS rules. Unfortunately, we understand that Compass, Inc. has sent demand letters to many MLSs, apparently without consideration of the very different policies of those MLSs regarding the enforcement of the rule Compass, Inc. complains of.
We've provided the demand letter and our response in full, which we believe you should read and draw your own conclusions about. We thought you should hear directly from us about our response and what Compass’s demand means for you.
WHY THIS MATTERS TO YOU
Unlock MLS serves more than 17,000 agents and brokers in more than 3,600 offices with timely, comprehensive, and accurate listing data. This data is the backbone of the tools you rely on every day: your CMA and pricing tools, market statistics, broker back-office systems, and transaction management platforms. None of those tools would exist as they do today without a single, complete feed of market data to power them. The same data gives you the sold comps you use to price a home, gives lenders and appraisers the information they need to value it and close loans, and gives you the listing history and property detail you use to advise your clients well.
Compass's letter centers on the Clear Cooperation Policy (CCP), so allow me to explain how we enforce it. As an MLS affiliated with the National Association of REALTORS® (NAR), we are required to maintain the policy, but we have openly expressed our reservations with it. But Compass’s demand is not about NAR, and it isn't about any single rule. It's about whether Unlock MLS may have rules at all, and whether we can enforce them uniformly to protect the integrity of the system you rely on. A marketplace whose rules can be set aside under threat of litigation isn't a marketplace you can depend on.
WHERE WE STAND
Our approach to rules enforcement is deliberately collaborative. A CCP violation results in a courtesy notice and a single $100 fine. If the subscriber responds and pays, the matter is closed. Further steps are taken only when a notice goes unanswered or a fine is unpaid. Even then, the process gives every subscriber repeated opportunity to resolve a violation: up to two reminder notices, a written warning, and a compliance workshop, each with additional time to address the violation. Only if the subscriber fails to avail themselves of any of those opportunities does the matter potentially reach a hearing, where a fine of no more than $500 may be assessed. Possible sanctions do not include suspension. Literally no Unlock MLS subscribers have required a hearing for a CCP violation.
Our experience shows that a complete marketplace isn’t built with a hammer. Rather, we seek to earn your business every day by building real solutions that meet your needs.
THAT'S WHY WE BUILT FLEX.
Flex lets agents privately market a listing within the MLS without public internet display, and without accumulating days on market or price-change history. We developed Flex in close conversation with brokerages across our market, ironically including Compass itself. It exists because every seller's situation is different, and every seller deserves the flexibility to choose what's in their best interest.
The results show it works. Since August 2025, nearly 3,800 agents in more than 1,100 offices have used Flex. Nearly three in four Flex listings have since moved to full MLS exposure when their sellers were ready. Those sellers are seeing results: among completed sales, nearly 60% of listings that used Flex sold without a price reduction after going to full exposure, compared with 42% of listings that didn't use Flex.
Flex is a bridge into the marketplace, not a way around it. When a seller is ready, the MLS is where they find maximum exposure, and where every buyer has an equal opportunity to compete for the home.
LITIGATION DOESN'T SOLVE PROBLEMS. IT CREATES THEM.
Nearly two years ago, this market was named in copycat commission class action suits prior to the NAR settlement. We know firsthand what litigation costs, literally and figuratively: it pulls our attention away from serving you, it consumes your hard-earned money spent on MLS subscription fees, and it constrains our ability to innovate on your behalf. Compass, Inc. is one of our largest customers and a valued part of this market, and we regret that it has chosen the threat of a lawsuit when we’ve worked hard to provide the tools our marketplace needs to serve Central Texas buyers and sellers. We would far rather invest your dollars in serving you than in a courtroom. Our door has been and remains open to Compass, Inc.
WHAT WE'RE ASKING OF YOU
Please read the letter and our response. Talk with your broker and your clients about the value of a complete, cooperative marketplace to them. Maybe talk about what the consequences of a fragmented, incomplete, and uncooperative marketplace might be, not only to them but to appraisers, mortgage lenders, and others who rely on accurate market data.
Equally important, please understand that the Compass, Inc. letter reflects a disagreement between Unlock MLS and Compass as a corporation. It does not reflect a divide between Unlock MLS and its subscribers, whether they are with Compass or any other brand. The substantial strength of the Unlock MLS marketplace has been built on the cooperation of our agents at every firm.
We believe the rules of this marketplace should be shaped by agents and brokers through appropriate and reasonable collaboration and compromise, and not through litigation. Protecting the MLS is how we protect every agent's future.
With appreciation,
Emily Girard
CEO, Unlock MLS and Austin Board of REALTORS®