Just Who Is Roger P. Alford?
If I asked the following question to anyone keeping up with current real estate industry news: “who is the most quoted attorney in the real estate space,” the answer would likely be Michael Ketchmark, the small town attorney from Missouri who led the billion dollar Sitzer/Burnett lawsuit against NAR and major brokerages.
Now, let me introduce you to a new name you’ll begin to see frequently in connection with DOJ actions against NAR and alleged anti-competitive exclusionary policies in violation of antitrust law. We are talking about things like Clear Cooperation Policy; DOJ Statements of Interest; Civil and Criminal Investigation Demands; Access to MLS including non-REALTORS; No-commingling rules; Group Boycotts; Exclusionary Steering; and access to For Sale By Owner listings (yup, I said FSBOs); and more.
His name is Roger P. Alford and we mentioned his name today during our bi-monthly Tuesday YouTube Update podcast with Saul Klein and Tristan Ahumada. Here’s the 30 minute YouTube podcast where we talk about the impact of the new DOJ appointment of Mr. Alford, as well as the status of CCP; the separation (decoupling) of MLS from the Association; “flipping the model” for payment of fees for distribution of data feeds by means of licensed “metered billing” that is based on actual consumption and use by the purchaser.
Mr. Alford has no love for NAR — that is clear when you read the following DOJ announcement touting his antitrust experience and role as expert witness in the Sitzer/Burnett lawsuit.
https://www.justice.gov/atr/staff-profile/roger-alford-principal-deputy-assistant-attorney-general
Roger Alford will serve as Principal Deputy Assistant Attorney General. Mr. Alford previously served in the first Trump Administration as Deputy Assistant Attorney General in the Antitrust Division. Prior to returning to the division, he was a tenured Professor of Law at the University of Notre Dame Law School for nearly thirteen years. During that time, he also consulted on antitrust matters, including as an expert witness in the landmark 2023 real estate $1.8 billion litigation against the National Association of Realtors, and since 2019 consulting for Texas Attorney General Ken Paxton in Texas v. Google. He served as a law clerk to Judge James Buckley of the United States Court of Appeals for the D.C. Circuit, and Judge Richard Allison of the Iran- United States Claims Tribunal in The Hague, Netherlands. He also practiced law with Hogan Lovells in Washington, D.C. and was a Senior Legal Advisor to the Claims Resolution Tribunal for Dormant Activities in Zurich, Switzerland.
He has solid credentials and experience in antitrust civil and criminal cases. He earned his B.A. with Honors from Baylor University in 1985, his M.Div. from Southern Baptist Theological Seminary, his J.D. with Honors from New York University, and his LL.M., first in class, from Edinburgh University.
Dates of Service 2025 – Present Updated April 8, 2025
Alford’s testimony on bill to open MLS to FSBOs
For more insight into what Alford can bring to Trump’s DOJ, here’s some of Alford’s testimony in a Wisconsin Senate hearing on a controversial SB 394 bill regarding opening up the local MLS to FSBO listings. Hold your hat!
You can read the entire hearing on the proposed Senate Bill 394 including testimony from Alford, Zillow, Redfin, Wisconsin REALTORS Association at: https://docs.legis.wisconsin.gov/misc/lc/hearing_testimony_and_materials/2023/sb394/sb0394_2023_12_19.pdf
For those who prefer to read Alford’s testimony and footnotes with my yellow highlights, here it is in pdf format.
Welcome Roger P. Alford!
2 Responses
The concept of including FSBOs in an MLS platform isn’t new and in today’s environment can be a plus in a variety of ways. In a no inventory market it provides inventory and with contractual buyer agency and buyer agreements that stipulate a fee for the buyer agent, it works well. The negotiations can be a challenge since you are dealing with the owner directly who doesn’t know the process or their attorney – who could be difficult – but it could be worth it.
Also, Inclusion of FSBOs in an MLS could also provide an income stream offsetting costs for members.
In an even or high inventory environment, FSBOS will just offer buyers more choices. It also provides buyers with more leverage to negotiate and it may create more opportunities for listing agents to list the FSBO properties since there would be increased competition to sell.
Just my initial thoughts on the topic. Thx John and Saul for opening the conversation up.
Thanks Adorna. It’s always great to hear your real world perspective, typically looking for the positive opportunities for both listing agents and buyer agents. I’m already seeing opportunities for buyer brokers who use aternative buyer broker compensation models such as hourly, or one that is based on performance of producing savings for the buyer client.