Clear Cooperation and private listings

According to a recent WAV Group poll of real estate professionals, only 28% want to keep the policy as-is, with many citing concerns over litigation.

The policy, which was designed to discourage the sharing of listings via private networks outside the MLS, is being called into question.

The association will ask the highest court to weigh in on the case after a lower court ruled that the DOJ could continue its investigation into NAR policies.

A U.S. District Court judge has approved a motion from the plaintiffs requesting reconsideration of a case originally filed against NAR in 2020.

The agency wants to reopen its antitrust investigation into the association, and on June 17 said NAR’s attempt to block that move is not justified.

Top Agent Network is asking for an October 2025 trial date in the dispute over the National Association of Realtors’ Clear Cooperation policy.

Ruling could lead to further changes in industry practices by allowing the Department of Justice to revisit an antitrust case originally settled in 2020.

NAR says ThePLS.com, which sued the association and three major MLSs, is dismissing the case. But the door is open for it to refile this year.

CRMLS, Bright MLS and MRED have reached an agreement with ThePLS.com over Clear Cooperation rules, leaving NAR as the only remaining defendant.

A case filed by the Top Agent Network targeting NAR's Clear Cooperation policy was reinstated after previously being dismissed in 2021.

The Department of Justice said it plans to file a brief in an appeal by the Top Agent Network over NAR's Clear Cooperation Policy.

Despite reaching a settlement agreement in 2020, the Department of Justice reopened a probe into NAR policies. The association fought back — and won.

A challenge to NAR's policy toward private listings will proceed in the courts, but claims of antitrust violations and consumer harm may be hard to prove.