The National Association of REALTORS® (NAR) today officially announced what appears to be its final decision related to the controversial Clear Cooperation Policy, preserving the rule without change while introducing a new listing category, which NAR claims “will exist in conjunction with CCP and other MLS policies to provide sellers and their agents more options and choice.”
In a press release shared with RISMedia, NAR said the new listing category will fall under a policy called “Multiple Listing Options for Sellers,” and will allow MLSs to introduce “delayed marketing exempt listings” that are not circulated through IDX for a period of time “most suitable for their local marketplace.”
“These policy changes allow for greater choice for sellers in marketing their properties while considering buyers’ need to access information through MLSs,” said NAR President Kevin Sears in a statement. “NAR is grateful for our members’ engagement throughout this process, and we are pleased to have reached an outcome that balances the needs and perspectives of our diverse membership.”
The new policy is effective today, according to the release, and must be implemented by Sept. 30, 2025.
The announcement comes after a long and often acrimonious debate over Clear Cooperation, a policy introduced in 2020 and almost instantly scrutinized by Department of Justice (DOJ) investigators, as well as private listing services, who quickly sued to have the policy blocked.
The private lawsuits eventually both resolved, with CRMLS (one of the defendants) saying they had made no policy changes as part of a settlement agreement. NAR was dropped from both lawsuits, though it is still not clear if the two listing service start-ups will refile their claims.
Additionally, the DOJ appears to still be honed in on the policy, though a footnote in a recent court case (unrelated to Clear Cooperation) noted that law enforcement “has yet to take a position” as to whether Clear Cooperation violates antitrust laws on its own.
Bess Freedman, CEO of Brown Harris Stevens, tells RISMedia that she sees the change as “a win,” adding that she is still parsing through the details.
“I think it’s good to have options. I support that,” Freedman says, noting that specifically in the New York City market, there is significant demand from a subset of sellers to limit the exposure of their listings.
Errol Samuelson, chief industry development officer at Zillow—a company that has also been supportive of Clear Cooperation—lauded the decision to “uphold” the policy in an emailed statement sent to RISMedia, without addressing specific questions about the new rules.
“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,” Samuelson said.
In a new FAQ section posted to its website Tuesday, NAR wrote it was also “clarifying its policy interpretation that one-to-one, broker-to-broker communications about listings do not trigger (Clear Cooperation) requirements.”
“However, multi-brokerage communications about a listing will constitute public marketing,” the website reads.
Within the industry, brokers, agents and MLS leaders have remained somewhat split, with many claiming Clear Cooperation is essential for transparency and trust, while others arguing it limits choice and invites more legal pressure.
The NAR announcement notes the new policy does not change “MLS’s local mandatory submission deadlines,” including filing listings with the MLS within one business day of marketing it elsewhere.
The specifics of the new policy were not immediately clear. Because no changes are being made to Clear Cooperation, private listings marketed within a company—something that at least one big brokerage has made an outsized part of its business model—are still allowed.
Robert Reffkin, CEO of Compass and one of the most vocal critics of Clear Cooperation from within the industry, told RISMedia via email that the new rule is a tacit acknowledgement by NAR that 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,” he said. “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.”
Freedman, for her part, highlighted the fact that “exempt” listings are still on the MLS and visible to other MLS participants.
“Hiding and withholding information is market manipulation,” she said. “That creates what’s called an unfair market structure…things should be out there for the consumer.”
An NAR spokesperson also clarified that MLSs can set whatever time period they want for the delay on “exempt” listings, with no restrictions. The NAR guidance said that the new policy also does not define “days on market” or require MLSs “to track or report time on market information.”
“This is a matter typically addressed within local MLS business rules,” the guidance reads.
Price history is also not mandated by the new policy “other than the most recent increase or decrease in the price of current listings.” MLSs have “discretion” on how to track or report price changes for “exempt” listings, according to NAR
But according to the release, the new “delayed marketing exempt listings” will still need to be “available to other MLS Participants through the MLS Platform,” only withheld from IDX and syndication. Agents and brokers will also need to secure a signed disclosure “documenting the seller’s informed consent to waive the benefits of immediate public marketing through IDX and syndication.”
The new rules also somewhat mirror a loose proposal by the upstart American Real Estate Association released earlier this month, which outlined a policy called “clear collaboration” allowing sellers to keep listings off public-facing consumer sites.
According to the NAR release, the new policy was “developed following many months of consultation with MLS and association leadership, brokerages, agents, multi-cultural organizations, and industry experts,” and is balanced to “(support) fair housing by providing buyers and their agents with equal access to important MLS property information.”
“NAR continually reviews its MLS policies to ensure they best serve its members and their consumers while also mitigating and avoiding potential legal risks,” Sears said. “As such, NAR undertook a comprehensive review of (Clear Cooperation) as part of our efforts to ensure home sellers and home buyers have the information and flexibility they need to make decisions that work for them.”
Freedman separately pointed to the potential fair housing concerns with any major changes or a repeal of Clear Cooperation. She again reiterated the need to balance the broader fairness of the market against the need for privacy when considering how listings can be marketed.
“You can’t have it both ways—some companies want their cake, and another cake, too. You can’t have two cakes,” she says. “If we want to have an efficient market, we have to do things the right way.”
Editor’s note: this story was updated at 11:56 a.m. eastern time with additional information from NAR and comments from Bess Freedman.
Editor’s note: this story was updated at 12:22 p.m. eastern time with comments from Errol Samuelson.
Editor’s note: this story was updated at 2:24 p.m. eastern time with comments from Robert Reffkin.
Editor’s note: a previous version of this story incorrectly stated the date when the new MLS policy needed to be implemented.
