NAR board punts decision on Clear Cooperation 

A key NAR group has made a decision regarding the future of the Clear Cooperation Policy. And that decision is … no decision.

Instead, the MLS Technology and Emerging Issues Advisory Board, which met last week to continue reviewing the contentious policy, "opted not to make a recommendation about CCP or take any other action," a spokesperson for the National Association of Realtors told Real Estate News on Monday.

However, as a "critical next step," the board shared the feedback it has received over to the Leadership Team, the NAR rep said.

So now what? "There is no specific date for any further decision-making," the NAR spokesperson said.

The association will "continue to evaluate CCP in the broader context of the issues facing NAR and the industry," and in doing so, it "must also consider ongoing litigation and DOJ investigations."

"NAR continues to receive a range of passionate opinions about CCP," the rep said. "We believe any changes to policies and practices as important as CCP has to carefully weigh feedback from a wide range of members, stakeholders, and industry experts." 

Top brokerage leaders and Zillow executives are among those who have voiced "passionate" — and opposing —opinions about the policy.

CMLS supports Clear Cooperation: The Council of Multiple Listing Services has now weighed in as well. After "careful consideration of objections," CMLS said last week in an email that the CCP should remain in place, but with modifications that "preserve the spirit and effect of the policy."

None of the concerns, the CMLS Board of Directors decided, "are inherently invalid. But none of them, alone or in aggregate, merit the removal or significant weakening of a policy so critical to the integrity of our housing market."

Clear Cooperation is a "big idea" that must be defended, the CMLS said. Without it, "sellers will pay dearly. Buyers will find it more difficult, and perhaps more expensive, to see a full picture of their options. Agents will awaken each morning to a constrained view into their market. Brokers will find it more difficult to compete as listings are systematically held within private networks and a few market-dominating firms." 

CMLS CEO Denee Evans reinforced the organization's perspective in a letter to NAR, which also advocated for a "deliberate" approach, stating:

"Repealing CCP hastily is both reckless and unnecessary. Many adjustments to the policy have been proposed and should be evaluated more fully over a more deliberate timeframe. NAR should not view CCP as an 'either/or' problem, but as an opportunity to fine-tune mandatory listing submission, the remaining pillar of MLSs' unique role in the residential real estate market."