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Pocket Listings, Increasingly Seen As Discriminatory, Draw Scrutiny

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Cornered pockets?

Despite being banned by the National Association of Realtors since 2019, pocket listings are on the rise. The New York Times says close to 20% of all homes on the market today are never made available to the public â€” with the number of pocket listings growing by as much as 63% since 2020 â€” and that brokers now use encrypted apps to pass around pocket listings in what amounts to a massive shadow market.

But this month, the N.A.R. revealed that its failure to enforce its own ban on pocket listings is a focus of an investigation by the Department of Justice’s antitrust division. Legal action is likely some way off, but the potentially prejudicial practice â€” much like “love letters” â€” could be on the way out. Which is probably for the best, on multiple fronts. Studies show that pocket listing sells for 6-20% less than publicly listed properties.

Source: The NY Times, Housing Wire, The Wall Street Journal

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