Clear Cooperation Explained: Why It’s Dividing the Real Estate Industry

A policy that has governed when and how agents and brokers promote listings for more than four years is once again at the heart of industry debate. Today, the National Association of Realtors (NAR) announced a new approach to private listings, offering greater flexibility for sellers while maintaining key tenets of Clear Cooperation Policy that support market transparency.

After what NAR President Kevin Sears called a “comprehensive review of CCP,” the association rolled out its new policy, Multiple Listing Options for Sellers, in an effort “to ensure home sellers and home buyers have the information and flexibility they need to make decisions that work for them.”

What is Clear Cooperation Policy?

From court challenges to regulatory concerns to changes to established rules in organized real estate, the National Association of Realtors’ Clear Cooperation Policy has become one of the most hotly debated regulations in brokerage offices and real estate conferences across the country. How did we get here?

Established by NAR’s board of directors in 2020, the MLS Clear Cooperation Policy requires that any property publicly marketed by a Realtor be listed on a multiple listing service within one business day. At the time, the association said the new rule was “designed to shore up the pro-competitive, pro-consumer benefits” of multiple listing systems (MLSs), “ensure transparency and fairness,” and prevent the growth of pocket listings, which are marketed off-MLS to select clients.

While supporters argue it creates a fair and open marketplace, critics claim it restricts agent autonomy and could hinder competition. Regardless of today’s changes, that fundamental disagreement may still play out in the courts and national regulatory offices.

March 2025 policy changes and what they mean for you

According to NAR, the new Multiple Listing Options for Sellers policy was designed to complement CCP by introducing “delayed marketing exempt listings.” This new designation allows sellers to postpone the public marketing of their properties through Internet Data Exchange (IDX) and syndication for a specified period, which will be determined by individual MLSs.

Sears said the policy changes — effective today but requiring MLS implementation by the end of September — “allow for greater choice for sellers in marketing their properties while considering buyers’ need to access information through MLSs.”

Key aspects of the new policy:

• Seller choice: Sellers can instruct their agents to delay public marketing, as long as they sign disclosure forms that document their informed consent.
• Internal visibility: While the listing won’t be immediately visible on listing platforms such as Zillow via IDX, it must still be filed in the MLS and accessible to other MLS participants and subscribers.
• CCP remains in effect: The new policy does not change an MLS’s existing rules, which require that a listing be added to the MLS within one business day of being publicly marketed.
• One-to-one communication: Broker-to-broker communications about a listing do not trigger CCP requirements. However, if a listing is shared with multiple brokerages, it is considered public marketing under CCP rules.

Summary of listing options for sellers

With the Multiple Listing Options for Sellers, listing agents can now offer their clients more control over how their listings are marketed while ensuring compliance with MLS rules. The two main options are:

1. Office exclusive listing
   • This option, in place prior to today’s announcement, allows the seller to instruct their listing broker not to disseminate the listing through the MLS or publicly market it. The listing can only be shared within the agent’s brokerage.
   • The listing must still be filed with the MLS but will not be shared with other MLS participants or subscribers.
2. Delayed marketing listing
   • In this new option, the seller directs their broker to delay public marketing of the listing (via IDX and syndication) for a specific period, as determined by the local MLS.
   • The listing must still be filed with the MLS but can be marketed privately, as allowed by the MLS and per the seller’s directive.

Exempt listing disclosure requirements

Regardless of which of the two options above sellers choose, brokers must obtain a signed certification from the seller, confirming:

• Their understanding of the agent’s professional relationship with them
• Their acknowledgment that they are waiving or delaying MLS benefits, including broad exposure
• Their decision to opt out of public marketing through MLS dissemination (if an office exclusive) or delay public marketing through IDX and syndication (if delayed marketing)

This policy aims to balance seller flexibility with fair housing practices, ensuring that buyers and their agents have equitable access to MLS property information. NAR encourages MLSs to engage with stakeholders to determine the best approach for their local markets.

How we got here: Legal challenges and growing scrutiny

One of the most notable legal challenges to CCP came from ThePLS.com, a private listing network that claims that the policy stifles competition and forces agents into the MLS system, limiting their ability to use alternative platforms. In December 2023, an appellate court allowed its case to proceed, signaling that the legal landscape surrounding the policy could shift in the coming years. While ThePLS.com did settle with some defendants, it has yet to do so with NAR.

The Department of Justice has also raised antitrust concerns over CCP, opening investigations into its potential industry implications. The theory is that the policy compels agents to join MLSs (and by proxy, NAR), limits competition, and creates barriers for newer or smaller platforms attempting to compete with established MLS systems. While the DOJ recently amended its stance, the investigation remains open.

These legal and regulatory pressures have put NAR in a difficult position, with some speculating that the organization may need to reconsider or amend the policy. The issue has also grown increasingly relevant with the upheaval caused by the changes to NAR’s cooperative compensation commission structure finalized last summer.

Clear Cooperation Policy’s stated and implied purposes

NAR argues that, by mandating that properties be added to the MLS, the CCP creates a more competitive environment that allows buyers and agents to access all available listings equally, ensuring that the sales process remains transparent.

Supporters of Clear Cooperation are also bolstered by fair housing considerations. If a property is only marketed to a select group, it may inadvertently violate fair housing rules by restricting who has access to the listing. Mandating MLS exposure could help prevent the exclusion of people by protected classes such as race, color, religion, sex, national origin, familial status, and disability.

Other industry voices claim this is a red herring. Agents and brokers who oppose Clear Cooperation argue that the policy was designed to consolidate NAR’s hold on the industry and reinforce the importance of MLSs.

“NAR wants more and more people to pay them dues,” Virtual Realty Group Principal Broker Michael Lissack told Housing Wire in 2021. “So, they encourage the proliferation of unqualified neophytes to take on the title of Realtor. … If the issue was only fair housing compliance, then that makes sense. But these things don’t exist in a vacuum.”

Leaders opposing the Clear Cooperation Policy

Compass CEO Robert Reffkin is among the most vocal critics of the policy. He refers to the CCP as “forced cooperation,” claiming that it eliminates choice for both consumers and agents by mandating MLS participation.

Reffkin argues that brokers and agents should have the option to decide how and where to market their properties without being forced to list them on the MLS. His critique aligns with Compass’s business model, which leverages private listings as a competitive edge.

Luxury Presence tackled this very issue in a recent live Presence Panel event. Ben Belack of The Agency in Beverly Hills was highly critical of CCP, arguing that it is irrelevant in many markets. “Most markets don’t even have pockets,” he said. But, “if someone wants to list their property privately in markets where there are pockets because they want to have discretion or there’s potentially press ramifications, they should be able to.”

Similarly, Holly Meyer Lucas expressed her frustration with CCP, calling it “asinine” and arguing that it unnecessarily interferes with privacy, particularly in sensitive transactions like celebrity sales or divorces. She argued that every market has valid reasons to keep listings off the MLS, such as deaths or hoarder situations, and that certain homes shouldn’t be forced to be exposed online.

Industry leaders defending CCP

The view expressed during our most recent Presence Panel contrasts sharply with that of companies such as Zillow, which supports the policy. Matt Hendricks, Zillow’s senior director of industry affairs, emphasized that listing transparency is critical for ensuring a fair market. In a statement provided to RealEstateNews, Hendricks said off-market listings reduce visibility and can result in lower sale prices, which harms sellers.

He also pointed out that if the policy were removed, it could create an uneven playing field, benefitting exclusive networks at the expense of a more open and competitive market. The repeal of CCP could also greatly impact Zillow’s business model.

Some brokerage leaders, including eXp Realty CEO Leo Pareja, continue to support the CCP, arguing that the MLS is a critical tool for ensuring a transparent and fair real estate market. Pareja recently described the MLS as the most “liquid, accurate, and complete data set” for homebuyers, adding that weakening its role could negatively affect consumers and lead to fair housing violations.

The future of the industry, with or without Clear Cooperation

As industry leaders continue to debate the CCP, its future remains unclear. No matter what happens, it’s vital that agents and brokers equip themselves with technology that will enable them to thrive in an uncertain future.

Meyer Lucas characterized the divide between supporters and detractors as one governed by access to cutting-edge tools. “If you don’t have access to the pockets and the off-market stuff, get better technology, get better access,” she told Presence Panel attendees. “My career is where it is because of my agent-agent relationships. And I worked hard for those, not just randomly putting stuff in the MLS. … I think Clear Cooperation was brought about by mediocre agents who had mediocre access.”

As legal challenges and regulatory reviews unfold, listing access will continue to influence how real estate agents do business. For more on how Luxury Presence can support you and your business in these times of change, download our latest resource guide.