‘Future class-action’ or ‘expanding choice’? Leaders on CCP news 

The lengthy, and often divisive, debate over Clear Cooperation has finally come to a head with NAR announcing its long-awaited decision: CCP survives, joined by a companion policy that allows sellers to temporarily keep their listings from wide distribution via the IDX feed.

Leading voices in real estate have been driving discussion on the topic for months, with one camp seeking to retain the policy (in some cases with revisions), while the opposition has pushed for the complete repeal of Clear Cooperation. Real Estate News scoured the internet and reached out to industry insiders who have taken positions on the debate — here's what they had to say about NAR's decision.

Errol Samuelson, chief industry development officer at Zillow: "NAR's decision to uphold its Clear Cooperation Policy, including requiring a seller disclosure form for office exclusives and pre-marketing, reinforces what we have long known: withholding listings off the MLS and behind a velvet rope limits competition, reduces transparency, and disadvantages buyers, sellers and agents.

Requiring a formal seller disclosure further underscores the risk of holding listings off-market and that privately listing a property should be the exception, not the rule. Broad listing exposure remains the most reliable and more equitable way for sellers to maximize price and minimize time on the market, while ensuring buyers have equal access to housing inventory and all agents in a market can compete fairly to earn business.

We will continue working with brokers and MLSs to support policies that put the consumer first."

Glenn Sanford, chairman and CEO of eXp World Holdings, via Facebook: "I believe this is a future class action lawsuit on behalf of home sellers who were encouraged to sell off market. It's likely that an economist will be able to quantify the potential damage that home sellers suffered by selling off market.

It will be a slow moving train given how long the class action process takes. More than enough time for those who want to get out of the way exit and leave the remaining participants to deal with the aftermath."

Art Carter, CEO of CRMLS: "Today is a big win as CCP remains intact. CCP is the best tool we have to ensure transparency and cooperation among brokerages and is in the best interest of brokers, agents and consumers — so I'm happy and relieved to see that NAR has decided to keep it in place.

As to the new policy regarding delayed marketing, CRMLS will take the time needed to explore our options to best accommodate it. Considering the focus on IDX, we may consider tactics akin to a checkbox in the MLS for 'IDX: Yes/No' rather than a new status."

Robert Reffkin, CEO of Compass: "With NAR introducing a new MLS policy to 'expand choice for consumers,' they acknowledged the Clear Cooperation Policy restricted home seller choice. Expanding choice means that NAR is still not letting homeowners choose precisely how to market their homes, but this is a small step in the right direction.

MLSs shouldn't restrict how homeowners market their homes at all, but by providing them with a longer period of unrestricted public marketing, like 30 days, MLSs reduce their legal risk and homeowners gain more choice that they need and deserve."

Leo Pareja, CEO of eXp Realty: "Preservation of cooperation is a win for consumers.

I truly believe that the highest value a seller can receive comes from exposing their property to as many buyers as possible. While there are always exceptions — and sellers have always had the right to choose — I do believe that if a seller prefers not to have their property advertised, they should absolutely have that option.

My biggest concern is the practice of steering sellers into believing that limited exposure is the best option, even when empirical data suggests otherwise.

I support maximum transparency, education and disclosure, always keeping our consumers' best interests in mind, and fulfilling the fiduciary responsibilities we all agreed to uphold when we earned our real estate licenses."

Glenn Kelman, CEO of Redfin: "The tragedy is that there's a much better solution to the problem pocket listings seek to address, which is that home-owners want exposure on sites like Redfin.com, but also more control over how our site presents their listings. Instead of hiding the listing from buyers, why not show it to everyone from the day it debuts, but with options for sellers to suppress days-on-market, AI-driven price estimates, or the price history?"

1000WATT, via its newsletter: "This sounds the death knell for IDX. Many large brokers will make most of their listings 'delayed' to kneecap smaller or buy-side-heavy brokers who rely on IDX. They will then cut selective side-deals with portals to meet most sellers' expectation that their home will make it to these sites/apps. 

This may all sound like inside baseball. It isn't. Today's decision adds complexity to how homes are marketed, and certainly does not end the epic battle over what kind of housing market we as an industry want. The NAR's decision — which some will call courageous and some will call high-handed — has just intensified it."

Jason Haber, co-founder of American Real Estate Association: "We see this as an incremental change. The exempt designation does mirror a lot of the principles we laid out in our vision for Clear Collaboration — we've always talked about the need for a flexible, balanced policy that respects consumer choices and professional collaboration, and I think that to the extent that this new designation allows for delayed entry into IDX feeds and public portals do accomplish some of our goals. Now, we have to pivot our work towards working with the MLSs — we think it's important that this doesn't turn into clear confusion." 

Brian Donnellan, president and CEO of Bright MLS: "Today's announcement from NAR affirms what innovative MLSs like Bright know — no two home sellers are the same, and brokers and agents need flexibility to best serve their clients.

Our position has never been to dictate brokerage business models. We already have the options NAR is now suggesting. We have allowed subscribers for nearly two decades to market properties as their clients direct, such as the option to choose 'Internet No' in our system, and we removed the time limit on Coming Soon listings last summer. We've always been committed to ensuring that our policies meet the needs of our subscribers in a changing market, and that will always be the case."

Anywhere spokesperson: "We have been vocal in our position on Clear Cooperation, advocating for reform that balances buyer visibility and seller choice. However, it's clear there is significant momentum around private listings, and we do not believe today's decision will change that. As the industry evolves, we are focused on equipping our agents with tools and technology to leverage our scale and remain advantaged in any market."

RE/MAX spokesperson: "RE/MAX continues to support transparency and fairness as cornerstones in real estate. The recent introduction of the Modified Listing Options Solution policy provides a balanced approach, addressing diverse seller preferences while preserving the intent of the Clear Cooperation Policy. 

It's imperative that agents ensure transparency with their clients, clearly outlining the implications of delaying the marketing of listings and helping them adjust expectations accordingly. Ultimately, promoting listings to a broader audience remains in the best interest for most buyers and sellers — a position that RE/MAX has consistently held."

Damian Eales, CEO of Realtor.com: "NAR's new Multiple Listing Options for Sellers policy, a complement to its Clear Cooperation Policy, aims to strike a balance — providing flexibility for sellers, their agents, and MLSs while striving to provide equal access to listings for all.

At Realtor.com, we've always championed transparency and an open, competitive marketplace because broad listing exposure doesn't just level the playing field for buyers, it empowers sellers in their efforts to attract more buyers, maximize offers, and secure the best possible price for their home. These principles aren't just beneficial — they're the foundation of a fair and thriving real estate market."

Emily Chenevert, CEO of Unlock MLS and the Austin Board of Realtors: "NAR's introduction of the "Multiple Listing Options for Sellers" policy is an attempt to enhance CCP and maintain the policy with more flexibility for consumers. By allowing for delayed marketing exempt listings, the policy acknowledges the diverse needs of sellers without compromising the cooperative framework that ensures equitable access to listing information. As we announced earlier this year, Unlock MLS's Flex Listings were designed with this balance in mind — offering sellers a tailored approach that aligns with these principles.

The addition introduces a nuanced layer to CCP, accommodating sellers who prefer to delay public marketing for strategic reasons. This flexibility ensures that the MLS remains a comprehensive and inclusive platform, catering to various seller preferences. That said, there remains local market influence over the length of time the listings can be withheld from public marketing. Brokers, agents, and their clients will have to navigate varying implementations of the rule in each MLS marketplace, and I suspect some of those markets will implement more rigid timeframes for this phase of marketing."

Joe Schneider, executive vice president of consulting at Modern.tech, via LinkedIn: "The new 'Multiple Listing Options for Sellers' amendments have effectively called the bluff of the repealists. By introducing 'delayed marketing exempt listings,' sellers now have greater flexibility in how they market their properties — the main argument from many of the anti-CCPers. This option prohibits public exposure while ensuring agents still have fair and equal access by requiring MLS input — a balanced and equitable compromise.

If this solution isn't enough for the repealists, it becomes clear what their real motive is: Keeping deals in-house. The amendments uphold seller choice while ensuring buyers, through their agents, have an equal shot at every opportunity.

And the biggest losers? The portals — the loudest voices touting the merits of CCP over the last year."