Compass held its Q2 earnings call on Wednesday, July 31, 2024. During the investor Q&A portion, CEO and Founder Robert Reffkin claimed that NAR’s “clear cooperation” rule is on borrowed time.
Clear cooperation requires that REALTORS® list a property on an MLS affiliated with the National Association of REALTORS® (NAR), within 24 hours of marketing the listing elsewhere. The rule is one of several that has been described as violating antitrust statutes, allegations that have brought the real estate industry under scrutiny over the last year.
In court filings for the case Top Agent Network, Inc. v. NAR, et al (where the plaintiff alleges clear cooperation is a tool of monopoly), NAR appeared “amenable” to revising the rule. Reffkin claimed such a change–and more–are inevitable.
“I think clear cooperation will end,” he said, and called the rule “anti-homeowner.”
“I believe that too much of the way the system works today isn’t for the homeowner. And so what–I’ll give you a couple examples. Days on market is the killer of value. Price drop history is the killer of value. The reason why private exclusives at Compass are so popular is because they do not have days on market when they go up, they do not have price drop history. When you go to a Mercedes-Benz lot or any other luxury goods, you don’t see on every Mercedes-Benz the price drop or the days on market,” said Reffkin.
He continued:
“Clear cooperation, the problem with it is, it’s forcing homeowners into negative insights. It’s saying anyone who has an agent, after one day of public marketing where it was no negative insights on a place like Compass or through your agents, you have to put it in the MLS, and then it goes to the system which the homeowner doesn’t have a choice on.”
Compass Q2 numbers:
As for the Compass earnings report itself: In the first quarter of 2024, Compass exceeded its expectations with market and agent count growth. During the company’s Q2 earnings call, held on Wed. July 31, 2024, the company again reported that it was outpacing general market trends and claimed it was sitting on a path to continued success.
Highlights:
- Compass remained free cash flow positive in Q2 2024 at $40.4 million. The company has been free cash flow positive for four out of the last five quarterly reports.
- Company revenue generated by Compass in Q2 2024 was $1.7 billion, up from $1.05 billion in Q1 2024.
- Compass’ GAAP (generally accepted accounting principles) net income for Q2 2024 was $20.7 million, up over $65 million from a net loss of $47.8 million a year prior.
- Adjusted EBITDA (earnings before interest, taxes, depreciation and amortization) was $77.4 million this quarter, an increase of over $47 million from a year prior.
- As Compass Chief Financial Officer Kalani Reelitz noted on the call, the company’s overall cash balance at the end of the quarter was $185.8 million.
Operating strengths stressed by Compass on the earnings call included them increasing their number of transactions by 11.4% (compared to a marketwide decline of -3.3%), increasing their agent count (16,997 agents total, a 24% increase year-over-year) and raising Compass’ quarterly national marketshare to 5.13%.
On the earnings call to investors, Compass Founder and CEO Robert Reffkin was enthusiastic about the current performance:
“In light of a quarter where the real estate market saw historically low volume, I am particularly pleased that we achieved all-time high net income, all-time high Adjusted EBITDA, and generated positive free cash flow for the quarter, making (Compass) free cash flow positive in four of the last five quarters. Q2 revenue grew 14% year-over-year, and we significantly grew the Number of Principal Agents with the addition of over 2,000 principal agents from the acquisitions of Latter & Blum and 2 Parks Real Estate and over 500 principal agents organically.”
Looking forward, Compass projects they will post revenue between $1.43 billion to $1.53 billion and an Adjusted EBITDA between $30 to $50 million in Q3. The company also expects to be cash flow positive for the remainder of 2024.
For the full Q2 2024 earnings call, click here.
Clear cooperation keeps big brokerages from exploiting coming soons like they were doing before. Without it you have chaos in the market with what looks like secret listings on every broker’s personal websites and not centralized publicly. How can you not see from the agent point of view and customer/client point of view that Clear Cooperation is absolutely needed. Leadership statements like this makes me think they don’t actually know what it is like being an agent in today’s market.
Totally agree Jonathan — the policy was to also prevent agents from just listing property on Zillow (“Coming Soons”) for an Open House, selling it (both sides) and then not even entering the stats in the MLS. The “Coming Soon” marketing campaign by Zillow served one purpose: to provide more properties to put advertising on in a lower inventory market place. The sellers are unaware that even if a favorable price was obtained by the Open House, you never know what the true market value would have been had it been exposed to the entire MLS with access by all agents and their buyers. Office exclusive websites only benefit the broker as well — how does select marketing to a smaller population of people get the best price for the seller? I too have been disappointed in brokerage leadership — some of the comments made during the lawsuit showed just how out-of-touch leadership has gotten. I think it’s time they get “back to basics” as well!