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Independent contractor agreements, copyright notices, terms of service, and privacy policies are often treated as routine paperwork. In 2026, those documents are increasingly becoming evidence. As AI, data governance, and privacy regulation evolve, outdated or misaligned policies expose brokerages and MLSs to real legal and regulatory risk.

The Homes.com debate misses the bigger picture. CoStar’s board-approved strategy, capital discipline, and accountability framework offer a clearer lesson in how long-term governance works at scale.

Brokerages, MLSs, and agents who keep their digital policies current, understandable, and easy to act on will be better positioned as privacy regulation continues to evolve. Those who ignore these basics may find that the risk is not regulatory alone, but reputational.