Rewriting Fair Play: What Real Estate Can Learn from Baseball's Shake-Up

By Summer Goralik

This article was published by The Data Advocate on May 3, 2025 and can be found here.

Let me start with a confession:

I have a serious crush on Shohei Ohtani—“Shotime,” number 17, baseball player for the Los Angeles Dodgers. My ten-year-old loves him, and so does his mom. It’s hard not to be in awe of someone who can hit like a slugger, dominate as a pitcher, and run the bases with speed and smarts—all while carrying himself with humility and grace. He makes greatness look effortless. In fact, my admiration has become so noticeable that when Shohei comes up to bat, my kid will often watch me instead, just to see my reaction. He’s a once-in-a-generation talent, and watching him feels like witnessing something rare.

Admittedly, putting this level of fandom on public display might be a questionable professional choice. Call it a creative pause away from the increasingly heavy world of private listings and Clear Cooperation Policy, which has dominated my writing lately. And while this piece is definitely a departure from my usual compliance lane, some shake-ups deserve a broader lens.

Which brings me to why I’m writing this—and no, it’s not just to gush about Shohei.

A new baseball season is underway, and the sport is enjoying a kind of renaissance. Game times are faster. There’s more action. Attendance is up. But there’s tension underneath the surface between progress and tradition, big market power and small market grit.

In a recent New York Times interview, Major League Baseball Commissioner Rob Manfred addressed many of these themes directly. He talked about financial imbalance, artificial intelligence (AI)–assisted umpiring, and what it takes to keep the game fair, competitive, and engaging. Reading it, I couldn’t help but see the parallels between what’s happening in baseball and what’s unfolding in real estate.

Balancing Tradition and Change

As commissioner, Manfred has to walk a fine line—respecting baseball’s history while guiding it through modernization. Real estate professionals and regulators are facing a similar inflection point: new rules around compensation and disclosure, shifting dynamics involving listing exposure, and growing questions about fairness and transparency.

When I spoke to state regulators at the ARELLO conference just a few weeks ago, I could feel the strain. Real estate laws are, in many cases, outdated. They weren’t built for today’s digital tools, let alone AI-driven platforms. And with new practice standards being shaped not by policymakers but by class-action litigation, it’s a lot to process. Whether you’re the practitioner adapting in real time or the regulator charged with enforcing regulations that feel one step behind the future, this chapter is undeniably complex.

Some welcome the evolution. Others see it as a threat to how the game has always been played. But as Manfred noted, when people lose faith in the fairness of the game, the whole product starts to fall apart.

That last point struck a chord. As a real estate licensee, if you lose public trust, you lose the game. Period.

Robot Umps and AI Agents

One of the most talked-about changes in baseball is the “robot umpire” system—an AI-driven tool that lets players challenge balls and strikes. The goal isn’t to remove humans from the game; it’s to correct obvious errors in high-stakes moments.

This innovative tool is essentially a compromise: preserving the human element while introducing an upgrade to improve efficiency, accuracy, and fairness.

Real estate is experiencing a similar wave of AI adoption. Algorithms are now helping generate listing descriptions, predict pricing, and simulate market analysis. Chatbots are engaging with clients (I could write a whole article on that—but I don’t want to ruin anyone’s day). Automated systems are flagging compliance risks. And as I write this, AI has just conquered yet another task in a matter of seconds.

The lesson from baseball? Technology can enhance human judgment—but, thankfully (and I truly believe this), it can’t replace it. Consumers still want a trusted professional—especially when the outcome matters most.

Ghost Runners and Private Listings

To speed up games, baseball now starts extra innings with a runner automatically placed on second base. The official term is “automatic runner,” though many refer to it as the “ghost runner.” Some say it helps. Others say it undermines strategy and fairness.

Go ahead—Google it, and you’ll find countless takes on this hot topic in baseball. Even I, someone who’s not an avid baseball fan (at least not until Shotime stepped up to the plate in my life), immediately noticed the ghost runner on second and thought I had missed a play. It’s definitely stirred up strong opinions between the purists and the future.

That kind of divide mirrors the growing conflict in real estate around private listings and off-MLS marketing. These strategies promise seller choice, control, and efficiency, but they can also limit market exposure and visibility. And they do so directly, not as an unintended consequence.

The reality is, sellers may not fully understand the trade-offs, and buyers may never see the opportunity. This is a real problem—one I’ve written far too many articles on at this point. But make no mistake: what looks like a shortcut may ultimately change the character of the process, the profession, and the industry.

The Power Gap

In the New York Times interview, Manfred highlighted the “existential” threat posed by payroll disparities. Teams like the Dodgers can spend over $300 million. Others, like the A’s, operate with a fraction of that.

In real estate, we’re no stranger to this kind of gap. Large brokerages with proprietary tech, lavish marketing budgets, and in-house service networks can outpace smaller firms by a wide margin. And while innovation is healthy, the industry must ask: Are these advantages supporting better outcomes for consumers, or simply entrenching power?

When access, exposure, or representation becomes uneven, the system starts to tilt. And when the system tilts too far, it’s the consumer who ultimately loses their footing.

Change Isn’t the Problem—Clarity Is

In baseball, not every new rule is universally loved, but the pitch clock proved something important: with the right change, fans adapt. The game got faster, more dynamic, and more enjoyable for a broader audience. The shift wasn’t just about pace. It was also about making the game feel more alive, more accessible, and ultimately, more engaging for the people watching.

Real estate is capable of the same transformation and the same reception if consumers and clients are given the clarity they need to follow the game, from both industry professionals and regulators.

Buyer agreements are now required. Compensation structures are no longer assumed. Private listings are expanding, sometimes quietly, sometimes aggressively. But too often, these shifts—especially the noise and conflicting narratives around them—are emerging without clear, consumer-facing explanations. The result? A growing disconnect between what professionals know and what the public understands.

And that’s part of the challenge: practitioners are being asked to adapt first so they can guide others through the change. As agents and brokers gain clarity, their knowledge, language, and choices should begin to trickle down to the consumers they serve. Yet while transparency is frequently touted as a guiding principle, it’s often applied selectively, raising even more concern at a time when clarity should be non-negotiable.

Because when buyers and sellers don’t understand agency—especially the highly controversial concept of dual agency—how agents are paid, how listings are shared (or kept private), or what their rights and choices are in a transaction, confusion fills the gaps.

And when transparency is missing, so is trust. True transparency must be consistent—not treated like a dimmer switch, adjusted to suit the moment or the message.

Fair Play and Transparency Are the Future

Rob Manfred said it best:“We sell entertainment that’s based on competition. If people don’t believe there’s competition, you’ve got a product problem.”

Real estate isn’t a game, but it is a profession grounded in credibility and a belief in fairness. And right now, the Department of Justice is making one thing clear—competition in the industry isn’t just a value; it’s a legal imperative. Whether through antitrust litigation, scrutiny of cooperative compensation, or the push for open access to listing data, the message is the same: if consumers don’t have real choices, the system isn’t working.

As we navigate new standards, innovative technology, and evolving brokerage models and strategies, that belief in fair play must stay at the center. Not just to satisfy regulators, but to serve the public.

Shohei Ohtani is a reminder of what’s possible when talent meets transparency, discipline, and grace under pressure. If you’re a fan, you already know. The same should be true for real estate.

The Hard Is What Makes It Great

And yes, the current climate in real estate isn’t easy. In fact, for some, it’s hard. Brokers and agents are being asked to reexamine long-standing norms, shift their value proposition, and embrace a new level of clarity and accountability. Add in legal scrutiny at both the state and federal levels, and it becomes uncomfortable, often unclear, and riddled with challenges.

But that’s also what makes it meaningful.

Private listings are no longer fringe. They’re rapidly becoming mainstream. And with them comes a high-stakes debate about—well, fiduciary duty, actually. Are sellers truly being informed? Are buyers being left in the dark? And when limited exposure creates outsized benefits for the brokerage, can a licensee still claim to be putting the client first?

The answers matter, not just to consumers but to the future of the profession itself.

Just like in real estate, baseball is asking its own hard questions about what really defines success. Stats may get the spotlight, but it’s the determination and integrity behind every play that define the game.

In A League of Their Own, Tom Hanks plays coach Jimmy Dugan, who delivers a line that feels tailor-made for the comparison at hand:

“It’s supposed to be hard. If it wasn’t hard, everyone would do it. The hard… is what makes it great.”

So here’s to meeting the hard parts head-on. Because the highest form of success isn’t just closing deals or chasing the company dollar. It’s protecting clients’ best interests and honoring their loyalty through unwavering fiduciary duty and consistent, valuable service. And when that happens, real estate can be more than a business model.

It can be great. And for the consumer who’s truly well-served, it’s not just great—it’s everything.

NOTE: The opinions, suggestions, and recommendations contained in this discussion are based on Summer Goralik’s experience working for the California Department of Real Estate and as a real estate compliance consultant. They should not be considered legal advice or relied upon as such. You should consult with your brokerage and/or appropriate legal counsel in your jurisdiction for further clarification.

About the Author

Summer Goralik is a Real Estate Compliance Consultant and licensed Real Estate Broker (#02022805). Summer offers real estate brokers a variety of consulting services including assistance with California Department of Real Estate investigations and audit preparation, mock audits, brokerage compliance guidance, advertising review, and training. She helps licensees evaluate their regulatory compliance and correct any non-compliant activities. Summer has an extensive background in real estate which includes private sector, regulatory and law enforcement experience. Prior to opening her consulting business in 2016, she worked for the Orange County District Attorney's Office as a Civilian Economic Crimes Investigator in their Real Estate Fraud Unit. Before that, Summer was employed as a Special Investigator for the DRE for six years. Among many achievements, she wrote several articles for the DRE, four of which were co-authored with former Real Estate Commissioner Wayne Bell. Prior to her career in government and law enforcement, Summer also worked in the escrow industry for nearly five years. For more information about Summer's background and services, please visit her website.