Episode 202 - Art Carter and Ed Zorn

Agent Series 31: “Coming Soons” Could Lead to DOJ Intervention

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“Coming soon” listings might seem like a small strategy shift… But they could have massive consequences for the entire real estate industry.

In this episode of Real Estate Insiders Unfiltered, James and Keith sit down with Art Carter (CEO of CRMLS) and Ed Zorn (VP & General Counsel) to break down why “coming soon” listings, private listings, and MLS rules are becoming one of the most controversial and risky topics in real estate.

Because this isn’t just about marketing strategy.

It’s about cooperation, transparency, and whether the industry is heading back toward the same issues that triggered past DOJ action.

The MLS system was built over decades to create a fair and transparent marketplace but today, confusion around rules, data, and listing practices is growing fast.

And that confusion could come with consequences.

In this episode, you’ll learn:

  • What “coming soon” listings actually are (and what they’re not)
  • Why seller choice is being debated across the industry
  • The real reason MLS rules exist and why they matter
  • Why fragmentation could break pricing, appraisals, and transactions
  • How current trends could lead to DOJ scrutiny or intervention

They also unpack a critical reality:

If listing data becomes fragmented and inconsistent, the entire system from pricing to lending starts to break down. 

Because this isn’t just about listings. It’s about whether the real estate market remains transparent, cooperative, and fair or becomes fragmented and unreliable.

Links mentioned during the episode:

Learn more about CRMLS

Stay ahead of the market with insights from Zillow’s Consumer Trends Report.

This annual research breaks down what buyers and sellers are actually doing — and what they expect from their agents. 

With 55% of buyers being repeat buyers, yet only 13% using their previous agent again, the message is clear: past performance doesn’t guarantee future loyalty. Even more telling, nearly half of buyers and over half of sellers hire the first agent they contact. 

Today’s clients prioritize pricing strategy, negotiation expertise, and a seamless, organized offer process. If you want to position yourself as the agent they choose in 2026, start with the data. 

Put these insights to work in your business


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