It’s time to stop tearing each other down over Clear Cooperation 

Editor's note: Thinking big about residential real estate success requires a big-picture perspective. Industry Decoded features industry experts who can enrich your understanding of issues affecting the industry as a whole.The views expressed in this column are solely those of the author.

The views expressed in this column are solely those of the author.

In today's world, nuance is often lost in debate — not just in politics, but within our own industry as well. The discussion around the Clear Cooperation Policy (CCP) has become yet another example of how important policies are framed as rigid, all-or-nothing arguments, leaving little room for thoughtful discourse. Either you defend CCP as an untouchable pillar of transparency, or you demand its complete dismantling. But the reality — like most things in our world — isn't so black and white.

Buying or selling a home is not just a business transaction; it's a deeply personal, often emotional decision. Sellers have varying motivations, privacy concerns, and strategic needs that don't always fit neatly into rigid policy frameworks. At the same time, MLSs serve an undeniably critical function, fostering transparency, competition, and efficiency in the marketplace.

Rather than tearing each other down, it's time to acknowledge the gaps in CCP and work toward solutions that give consumers more flexibility while preserving the integrity and unique needs of our respective marketplaces.

Calling out the contradictions

In Texas, this debate is further complicated by our status as a non-disclosure state, where home sale prices are not public record. This means that consumers are particularly sensitive about how their data is shared—a sensitivity that has only grown after past breaches of trust in how MLS data was accessed and used without proper consent. Compounding this is the fact that property taxes represent the single-largest tax burden on Texas homeowners, and without publicly available sales data, appraisal districts often struggle to assess properties fairly, leading to concerns over inflated valuations.

With these market realities in mind, we must acknowledge a truth that has been missing from the CCP conversation: the policy does not work for every seller. Some consumers have legitimate privacy concerns or unique marketing strategies that make immediate full-market exposure through the MLS less than ideal. At the same time, the MLS remains a common ground for a fair, competitive, and transparent marketplace, and attempts to dismantle or sideline it would ultimately harm far more consumers than they help.

CCP, as currently written and interpreted, has glaring contradictions. The most obvious of these is the office exclusive carve-out, which disproportionately benefits large brokerages with significant market share while leaving smaller firms and independent agents at a disadvantage.

Sound familiar? It sounds exactly like the argument supporters of CCP throw when claiming that any attempt to dismantle or substantively change the policy will expand the use of private networks and in-house listing networks.

If the intent of CCP is to prevent segmentation and ensure equal access to listings, then allowing offices to keep listings in-house—while restricting other forms of marketing—directly undermines that goal. This carve-out creates an uneven playing field where consumers working with smaller brokerages have fewer opportunities, and agents outside of dominant firms are left competing with one hand tied behind their backs.

CCP isn't perfect, and we shouldn't act like it is. Instead, we should be open to improving how our markets truly serve all consumers—regardless of the size of the brokerage they choose to work with.

Going beyond binary thinking

That's why Unlock MLS is launching Flex Listings—a practical, nuanced solution that allows sellers to enter essential property details in the MLS while delaying full internet exposure until they're ready. Unlike so-called "workarounds" such as non-exclusive listings, which require consumers to give up exclusive fiduciary representation to maintain privacy, Flex Listings allow sellers to retain professional advocacy while keeping their marketing options flexible.

Flex Listings will not display on IDX or VOW sites and require limited data. They're intended to serve as a stop-gap solution for the consumer who's testing the waters, readying their property for prime time, or sensitive to the amount of information displayed in a full listing. While these listings don't offer the full power of the MLS as a marketing platform, they keep listings within the MLS. Flex Listings foster trust in the MLS by more fully addressing the seller's unique needs while ensuring that all MLS subscribers – and the clients they serve– still have access to the listing.

This is the kind of solution-oriented approach we need in today's industry discussions. Instead of villainizing those who challenge CCP's fit for every consumer, we should work together to refine policies that respect transparency and choice. The MLS is not the enemy, and neither are those advocating for more flexibility.

The answer is not to break the system or pretend that it works for everyone exactly as it is. The answer is to evolve, embracing solutions like Flex Listings that balance consumer privacy, professional representation, and the marketplace integrity that the MLS was built to uphold. This is what progress looks like. Let's stop the black-and-white debate and center back on the real conversation – finding solutions that offer flexibility for MLSs to meet the nuanced needs of their marketplace.

Emily Chenevert is the chief executive officer of Unlock MLS and the Austin Board of Realtors, collectively serving nearly 20,000 real estate professionals across the 18-county Central Texas region. Host of the "Driving It Home" podcast, Emily speaks nationally to real estate organizations about MLS strategy and innovation, organizational change, housing equity and accessibility, and more. She has a background in public affairs and passion for advocating on behalf of Central Texas agents and the clients they serve.