Today, the National Association of REALTORS® (NAR) unveiled important updates to its widely debated Clear Cooperation Policy (CCP). After extensive discussions involving real estate brokers, MLS executives, agents, and industry legal experts, NAR introduced the “Multiple Listing Options for Sellers” initiative, designed to enhance seller options and address concerns about market fairness and consumer flexibility.
In previous articles, I’ve detailed why the original CCP faced significant opposition, notably highlighting attorney Michael Ketchmark’s recent public warning directed at NAR brokers. Ketchmark, who represented plaintiffs in the high-profile Sitzer antitrust lawsuit, explicitly warned that brokers who continued supporting CCP risked facing antitrust legal actions.
The newly announced policy seems to be NAR’s strategy for addressing these mounting legal concerns while still preserving some core goals of the original CCP.
Key elements of the revised policy include:
- Sellers now have the option to use “delayed marketing exempt listings,” permitting their agent to temporarily delay public marketing via IDX and third-party platforms.
- During this delay, listings remain accessible internally within the MLS, allowing agents from various brokerages to privately inform their clients about available properties.
- Local MLS organizations will have autonomy in determining their specific timeframes for delayed marketing to suit their local markets.
- Sellers opting for delayed marketing must provide a signed disclosure affirming their understanding of the implications of delaying public marketing.
Additionally, NAR clarified its stance regarding broker communications: direct, individual broker-to-broker conversations will not trigger CCP’s public marketing requirements, whereas communications involving multiple brokerages will be considered public marketing.
Despite the new policy adding welcomed flexibility, it may still fall short in fully resolving antitrust and privacy concerns. Previously, I suggested a comprehensive alternative—a new “MLS Exclusive” category—which would mandate listings be included within the MLS for maximum professional exposure but would restrict public display on major consumer websites such as Zillow and Realtor.com. This solution strikes a better balance between preserving consumer privacy and promoting competitive fairness in the marketplace.
In this context, the updated NAR policy appears as a partial move toward a fully effective solution. While the policy increases flexibility, it doesn’t fully address the broader issues related to privacy, competitive fairness, and potential antitrust vulnerabilities.
With nationwide implementation mandated by September 30, 2025, MLS boards, real estate brokers, and agents throughout St. Louis and Missouri need to carefully review these policy changes. Given the ongoing sensitivity around these legal issues, industry professionals should critically assess whether this new policy adequately addresses existing challenges or simply delays potential problems.