Clear Cooperation and private listings

As of June 30, home listings that aren’t widely available may be kept off the nation’s top search site, prompting a lawsuit from Compass and praise from others.

Robert Reffkin claims the new standards will “cause irreparable damage” and suggested that Zillow and Redfin execs were working together to force Compass’ hand.

Zillow is “abusing its monopoly power,” Compass CEO Robert Reffkin said. Zillow says its policy is designed to ensure homes are marketed to all consumers.

The 685-word document lays out possible benefits and risks — notably, less buyer interest and a lower sale price — when choosing the 3-phase marketing strategy.

Watch the conversation as the CEOs of the Toronto Regional Real Estate Board and Council of Multiple Listing Services discuss the challenges facing MLSs today.

The announcement comes days after Zillow said it will begin banning listings that are publicly marked but off the MLS at the end of June.

A majority of industry execs disapprove of how the national association has handled Clear Cooperation, and some questioned NAR’s motives, a recent survey found.

Publicly marketed listings that are not widely available will be flagged beginning May 28 — and new listings that don’t comply may be barred starting June 30.

Powerful residential real estate groups in California see office exclusives as a risk to consumers and the integrity of the housing market.

In response to Zillow’s ban on publicly marketed but off-MLS properties, Homes.com will provide affected agents with free premium marketing for those listings.

A draft bill in Illinois would require licensed agents to add listings to a “platform or website accessible to the general public” within a calendar day.

StreetEasy, which serves the New York City market, will deny agents “who choose to publicly market listings to some buyers but not all” access to some programs.

Watch the conversation with Zillow exec Errol Samuelson as he goes deep into the ‘what’ and ‘why’ behind the portal’s divisive move.

In a lawsuit filed against NWMLS last week, Compass said brokerages with representatives on the MLS’s board are “co-conspirators,” but Windermere calls “BS.”

A third brokerage has endorsed the portal’s pro-MLS stance. Meanwhile, Zillow is phasing out its two-tab search display for markets with no commingling rules.

In the 39-page complaint, Compass alleges that NWMLS policies prohibiting pre-marketing are preventing “meaningful competition from gaining traction.”

“As a leader, you have to draw a line,” Leo Pareja said of his opposition to the trend, adding that agents who push sellers to list off-MLS could face lawsuits.

The two camps for and against private inventory took to LinkedIn to fortify their positions on the issue and to lob attacks at one another.

Listings transparency is critical for both consumers and the industry, and NAHREP supports efforts by Zillow, eXp and Redfin to provide access to all listings.

The Park City Board of Realtors says the delayed marketing option — and more context from the DOJ — eased its concerns about the controversial policy.

The ongoing feud between the brokerage giant and the Seattle-based MLS over private listings escalated this week. Will the current truce hold?

“Anytime we limit access, it limits opportunities,” an eXp exec said during a livestream highlighting ethical issues with the push into private inventory.

Chris Kelly is eager to move past the challenges of the past 18 months and focus on unifying and growing the company, with agents and consumers at the core.

Andy Florance says Zillow’s plan to banish listings that are publicly marketed but kept off the MLS goes too far. Redfin’s CEO responds by siding with Zillow.

NextHome joins eXp as an official partner in the move to bar listings that are publicly marketed but off-MLS, while eXp explains how its Exclusives fit in.

The move, endorsed by eXp, could affect listings that are promoted via social media, yard signs and other means allowed by NAR’s “delayed marketing” policy.

“We're gonna kick their ass and we're going to do it without a private listing network,” Windermere Co-President OB Jacobi said about competing with Compass.

Windermere Co-President OB Jacobi, whose firm has been under fire from Compass CEO Robert Reffkin, says PLNs are a return to a "caste system of real estate."

NAREB’s Dr. Courtney Johnson Rose tells Real Estate News independent brokers and consumers will “suffer” if efforts to bolster private listing channels persist.

Brokerage leadership coordinated a private listings push in the region despite MLS rules restricting pre-marketing — and the risk of steep fines for agents.

Though the number of office exclusives is rising, a new report from Bright MLS found no financial advantage to pre-marketing a home off the MLS.

A new Redfin survey found that many agents reported higher income in 2024 than in 2023, but concerns about the economy and industry changes persisted.

With NAR opting to keep the CCP with a “delayed marketing” alternative, industry leaders say firms should prepare their “counter move” to stay competitive.

Countering criticism from Compass’ Robert Reffkin, the CEO of the Washington-based MLS said private networks are designed to benefit brokerages, not consumers.

Leaders of the two brokerages traded barbs over private listings, hurling accusations of anticompetitiveness, self-interest and efforts to double-end deals.

The real estate industry had mixed reactions to NAR’s decision to keep Clear Cooperation and add a policy that allows sellers to delay marketing via IDX.

A new complement to CCP will allow for “delayed marketing,” giving home sellers the ability to keep their listings out of the IDX feed for a limited time.

Not all sellers want the same thing. And this doesn’t have to be an all-or-nothing debate. The MLS can be the foundation of positive change, and here’s how.

Watch the conversation with Craig Witt as the EXIT Realty CEO explains how improving agent quality could benefit the industry as a whole.

Errol Samuelson believes “consumers and agents are being misled” about private listings, and for big brokerages, any competitive advantage would be short-lived.

Keller Williams’ largest franchise network captured roughly 3,000 “Private Collection” listings last year — and is looking to double that figure by 2026.

During a webinar, leaders from Zillow, CRMLS, ARELLO and NFHA argued that scrapping the CCP could also stifle competition and lead to fair housing lawsuits.

The firm said homes initially listed privately sold faster and for a higher price, supporting its position that sellers should decide if or when to use the MLS.

The company said its acquisition of Private Collection will bring nearly 2,000 additional listings — or $1 billion worth of inventory — onto its platform.

The new analysis was done by Zillow, whose CEO said private listings “come at the expense of the seller” and are an attempt by some brokerages to “double dip.”

Most sellers don’t know much about MLSs or private listing networks — but they want an agent who can get their listing in front of the largest pool of buyers.

For brokerages looking to capture more off-market listings, Luxury Presence has a new product that aims to help them "succeed in any scenario."

The CEO of CRMLS explains how buyers, sellers and even agents could potentially sue over unfair situations created by exclusively listed properties.

CRMLS CEO Art Carter explains what some brokerages are asking for and why the nation’s largest MLS has decided to "stand firmly" behind the divisive policy.

TAN, a private listing network, has agreed to drop its case against NAR after nearly five years of litigation and previous dismissals. Will this be the end?

Concerns about the policy aren’t new. But with NAR reeling and the DOJ looming, they’ve taken on a new, more contentious tone.

The Compass CEO said more than a third of consumers prefer private listings and called out "false narratives" from MLSs. Does that tell the whole story?

The National Association of Hispanic Real Estate Professionals says the much-debated policy “helps ensure all buyers have equal access to available properties.”

Want to repeal the CCP? Then you shouldn’t be able to build your own listing networks while pulling from the cooperative MLS feed, says eXp CEO Leo Pareja.

Robert Reffkin said “it’s only a matter of time” before Zillow becomes a national MLS. Zillow, meanwhile, advocated for a strong MLS and equal access to data.

During a Q3 earnings call, CEO Ryan Schneider reiterated his support of the CCP but said large firms would be the winners if it goes away. Revenue, income fell.

Watch the conversation with Zillow CEO Jeremy Wacksman as he explains why savvy shoppers are better for agents, and why private listing networks are “just bad.”

Numbers were down, but revenue declines slowed. Leadership painted a cautiously optimistic picture — and presented its point of view on Clear Cooperation.

The Leadership Team will now take up the issue, with "no specific date" for resolution. Meanwhile, CMLS calls a hasty repeal of CCP "reckless and unnecessary."

The DANGER Report spelled out risks for MLSs, state and local Realtor associations, and NAR — which has weathered unprecedented challenges to its authority.

The Clear Cooperation Policy — a misguided attempt to level the playing field — doesn't meet the needs of consumers or support principles of free enterprise.

In a livestream presentation, Anywhere’s Sue Yannaccone warned of misinformation around Clear Cooperation and encouraged agents to share their views.

A panel of industry veterans debated the policy and discussed various scenarios for residential real estate should the CCP be repealed.

A decision by Park City Realtors could signal a shift in local associations’ willingness to abide by NAR policies, and comes as the CCP debate intensifies.

A recent survey found that many agents are not satisfied with local association services and find MLSs less relevant in light of new industry rules.

The trade organization filed an official request with the high court today, asking for a review of an antitrust case that was ostensibly closed in 2021.

In the second of a 2-part series, NextHome CEO James Dwiggins warns of a greed-driven future if the CCP is eliminated, and shares a proposal for revising it.

President Susan Daimler reiterated the company's support for the Clear Cooperation Policy, and called private networks "terrible" for consumers and agents.

In the first of a 2-part series, NextHome CEO James Dwiggins explains the history of NAR’s policy and warns of the legal consequences of eliminating it.

In a fourth amended complaint, Top Agent Network has doubled down on its allegations that Clear Cooperation is anticompetitive and anti-consumer choice.

In its latest consumer guide, the association offers general education about MLSs while alluding to the ongoing debate over its Clear Cooperation Policy.

The brokerage giant is asking NAR to allow greater flexibility around Clear Cooperation and co-mingling, and loosen restrictions for non-member agents.

Mauricio Umansky pledges a court fight against NAR, while Compass and Redfin CEOs take opposite sides on the policy.

The nation’s second-largest multiple listing service has been making it easier to enter the data (and keep it private). Is this the wave of the future?

The future of private listings and MLS integrity is at stake as a key NAR committee meets this week to hear arguments about keeping — or scrapping — the policy.

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.