Benjamin Clark, President of the National Association of Exclusive Buyer Agents
Mike Crowley, Broker of Spokane Homebuyers
Victoria Ray Henderson – Owner & Broker HomeBuyer Brokerage, LLC serving home buyers in DC, MD & VA
The NAEBA 30 Year Logo – 3 decades protecting homebuyers
In response to a warning from the Realtor.com CEO regarding hidden listing data, private listings, and diminished transparency, NAEBA issues a statement on consumer protection risks.
Without access to essential facts—such as listing history, price shifts, days on market, comparable sales, and known property issues—a buyer cannot properly assess a home.”— Mike Crowley, NAEBA Board MemberMESA, AZ, UNITED STATES, July 15, 2026 /EINPresswire.com/ — The National Association of Exclusive Buyer Agents (NAEBA) is cautioning homebuyers that the rise of private listings, pocket listings, and restricted property data access raises significant concerns about fiduciary duty within real estate transactions.
This caution follows remarks made by Realtor.com CEO Damian Eales at the National Association of Realtors' MLS Forum in Washington, D.C., as reported in a June 24, 2026, Real Estate News article by Andrea V. Brambila. Eales stated that the real estate industry faces a pivotal “right side of history” test regarding its commitment to cooperation, open markets, transparency, and equitable consumer treatment.
Eales further noted that the fiduciary duty of agents is “being tested” as certain listing practices restrict access to property information, including days on market and price reductions.
KEY POINTS ON RESTRICTED PROPERTY DATA
— THE ISSUE: Private listings and fragmented data may limit what homebuyers can see and know before submitting an offer.
— THE FIDUCIARY CONCERN: Realtor.com CEO Damian Eales observed that agents' fiduciary duty is “being tested” amid industry debates over private listings and reduced information access.
— THE CONSUMER RISK: Homebuyers may face a disadvantage when property details, listing history, price reductions, or days on market are not fully disclosed. This lack of transparency worsens affordable housing challenges as consumers may overpay due to incomplete property information.
— NAEBA'S POSITION: Exclusive Buyer Agents hold fiduciary duties exclusively to homebuyers and never represent sellers, take listings, or advertise properties for sale.
— WHY IT MATTERS: A buyer's agent should act solely to safeguard the buyer's interests, not the listing inventory or brokerage business model.
FIDUCIARY DUTY DEMANDS CLIENT LOYALTY
NAEBA asserts that the private listing debate transcends technology, marketing, or brokerage strategy. It fundamentally concerns whether real estate professionals prioritize consumer interests.
“True fiduciary duty goes beyond a trendy term,” stated Benjamin Clark, owner of Salt Lake City, Utah-based Homebuyer Representation, Inc., and NAEBA president. “It represents a legal and ethical obligation to place the client's interests first. When buyers cannot access complete listing information, they may lack the ability to make fully informed decisions. This transparency gap ought to worry everyone in real estate.”
According to Real Estate News, Eales challenged MLS Forum participants to determine if the industry is “pro-cooperation,” “pro-open markets,” “pro-transparency,” and dedicated to ensuring fair treatment for both buyers and sellers.
NAEBA maintains that these tenets are foundational to the exclusive buyer agency model.
PRIVATE LISTINGS RISK CREATING AN INFORMATION GAP
Per Real Estate News, Eales commended the U.S. multiple listing service for helping to “end asymmetry of information” and ensuring consumers benefit “on equal terms.” He cautioned that the market is shifting toward a system where information is not shared, and only certain individuals possess the data needed to accurately value a property.
NAEBA warns that such an information gap can be particularly damaging for homebuyers, who are often making the most significant financial decision of their lives.
“When listing information is withheld, buyers may be unaware of what they are missing,” remarked Mike Crowley, owner of Spokane Home Buyers in Spokane, Washington, and an NAEBA board member. “A buyer cannot fairly evaluate a property without access to relevant facts, including listing history, price changes, days on market, comparable sales, and known property concerns. An Exclusive Buyer Agent's role is to help the buyer uncover and interpret that data.”
EXCLUSIVE BUYER AGENTS ELIMINATE CONFLICTS OF INTEREST
NAEBA represents a professional organization of real estate buyer agents and buyer brokers who serve homebuyers exclusively. NAEBA members never accept listings, advertise properties for sale, or represent sellers.
By offering exclusive fiduciary duties to homebuyers, NAEBA members sidestep the conflicts of interest that can occur when a single firm represents both buyers and sellers.
“The most straightforward way to safeguard a buyer's fiduciary relationship is to eliminate the seller-side conflict entirely,” said Victoria Henderson, owner of Bethesda, Maryland-based HomeBuyer Brokerage and an NAEBA board member. “Exclusive Buyer Agents have no listings to shield or promote. They do not represent sellers. Their allegiance is solely to the buyer-client.”
NAEBA WAS ESTABLISHED TO SAFEGUARD BUYER-CLIENTS
NAEBA was founded in the mid-1990s following industry lobbyists' efforts to redefine agency in real estate. The introduction of dual agency enabled traditional brokerages to collect commissions from both sides of a transaction, which NAEBA argues left many homebuyers at a significant disadvantage.
NAEBA was created to address this void and provide a professional association dedicated to advancing the standards and ethics of fiduciary duty toward buyer-clients.
“Dual agency reshaped how many consumers experience real estate representation,” Clark said. “NAEBA exists because homebuyers deserve an advocate who is not divided, compromised, or swayed by seller interests.”
According to NAEBA, Exclusive Buyer Agents have been endorsed by the federal Department of Housing and Urban Development (HUD), Kiplinger, Consumer Reports, the Consumer Federation of America, NerdWallet, and other organizations and publications.
QUESTIONS FOR HOMEBUYERS TO ASK PRIOR TO ENGAGING AN AGENT
NAEBA advises homebuyers to pose direct questions before selecting a real estate agent, including:
— Do you represent buyers exclusively?
— Do you or your firm ever represent sellers?
— Do you take listings or advertise homes for sale?
— Could you or your brokerage earn compensation from both sides of the same transaction?
— Will you examine listing history, price reductions, days on market, comparable sales, disclosures, and other information that may impact my decision?
— Will you owe me full fiduciary duties throughout the home-buying process?
According to Real Estate News, Eales cautioned the industry to be wary when reduced consumer protection is rebranded as “seller choice.” NAEBA suggests homebuyers should exercise equal caution when choosing representation.
“Homebuyers should not assume every real estate agent carries the same duties, loyalties, or conflicts,” Henderson said. “Before sharing financial details, touring homes, or making an offer, buyers need to understand exactly whom the agent represents.”
ABOUT THE NATIONAL ASSOCIATION OF EXCLUSIVE BUYER AGENTS
The National Association of Exclusive Buyer Agents (NAEBA) is a professional organization of real estate buyer agents and buyer brokers who serve homebuyers exclusively. NAEBA members never accept listings, advertise properties for sale, or represent sellers.
By providing exclusive fiduciary duties to homebuyers, NAEBA members avoid the conflicts of interest that arise when the same firm attempts to represent both buyers and sellers. NAEBA promotes the standards, ethics, and consumer protections of exclusive buyer agency.
Sources:
Benjamin Clark, Homebuyer Representation, Inc., Salt Lake City, Utah: https://HomebuyerRepresentation.com
Mike Crowley, Spokane Homebuyers, Spokane, Washington: https://www.spokanehomebuyers.com/
Victoria Henderson, Homebuyer Brokerage, Silver Spring, Maryland: https://www.homebuyerbrokerage.com/
NAEBA Media Contacts: https://naeba.org/buyer-resources/for-the-press/
Benjamin Clark
National Association of Exclusive Buyer Agents
+1 801-969-8989
email us here
Visit us on social media:
LinkedIn
Instagram
Facebook
YouTube
X
Why You Need an Exclusive Buyer Agent: Real Estate Advocacy and Transparency Explained
