Clear Cooperation Policy

Clear Cooperation No Longer Clear-Cut as Howard Hanna Breaks Away

May 24, 2025
Hanna Rejects NARS clear Cooperation Policy

Howard “Hoby” Hanna didn’t mince words in his interview with Inman this week. The CEO of Howard Hanna Real Estate Services drew a hard line in the sand, declaring that his company will no longer view the National Association of Realtors’ Clear Cooperation Policy (CCP) as binding. “We’re giving our sellers and ourselves choice,” Hanna said, emphasizing the need for flexibility, innovation, and freedom from what he called “the edicts of organized real estate.” His broader point echoes what I’ve written about before—real estate is local, not one-size-fits-all. National policies that fail to respect the uniqueness of individual markets create confusion, increase legal risk, and ultimately don’t serve consumers or agents well.

Hoby’s argument, that MLSs should control their own participation rules rather than enforcing blanket NAR mandates, aligns with what many of us in the industry have been quietly thinking (although I’m not always so “quiet” on it). As the structure of compensation and cooperation continues to unravel post-NAR settlement, it’s time for brokerages to evaluate their models. I’ve long said that giving buyers and sellers more transparency and agents more tools is the path forward, not adding layers of compliance. Hanna’s defiance may seem bold, but it’s likely just the beginning. As he put it, “We actually think other people should take a hard look.” I think they will.

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Compass Sues NWMLS, Claims Monopoly Tactics Blocked Seller Choice

April 29, 2025
Compass vs NWMLS lawsuit - Private Listings

Well, here we go again—another big real estate lawsuit, but this one has a local twist and a broader punch. Compass just sued the Northwest MLS, and unlike some of the class-action commission suits making headlines, this one is very focused on listing control, competition, and, ultimately, the consumer’s right to choose how their home is marketed.

At the heart of Compass’s complaint is the claim that NWMLS, which is owned and governed by traditional brokerage firms, is shutting down competition by refusing to allow office-exclusive listings—something that’s allowed in every other state. Compass argues this isn’t just hurting them; it’s hurting homeowners too, by stripping away an option that many sellers clearly want. In fact, nearly half of Compass sellers nationwide used their pre-marketing strategy—what they call “Private Exclusives”—in Q1 this year, and in Seattle, over a third of Compass clients jumped on the offering within just a week of it being available. Then, NWMLS pulled the plug.

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Real Estate’s New Reality: Rules Are Out, Big Players Are In

April 28, 2025
Power over rules - NAR

If you’re still operating like the real estate world runs on clear policies and NAR rulebooks, you’re already behind. What’s happening now — with CRMLS refusing to implement a mandatory NAR policy, and Zillow quietly setting its own listing standards — is a clear signal: the old rules-based system is collapsing. We’re moving into a market where size, reach, and direct consumer control will matter more than compliance with association mandates. For agents, brokers, investors, and even homeowners, this means adjusting expectations fast. If you’re relying on the MLS or traditional structures to protect your interests, it’s time to rethink your strategies.

Large players like CRMLS and Zillow aren’t waiting for formal decisions anymore; they are acting independently based on their market power. Smaller MLSs, brokerages, and agents who can’t or won’t adapt risk being pushed aside. Investors and homeowners should pay attention too — as access to listings, transparency, and even who controls information about their properties is changing. Those of us who work “in the trenches” know this shift isn’t theoretical; it’s happening in real time. Power, not rules, is now setting the pace of real estate — and the only way to stay relevant is to move with it, not against it.

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CRMLS Says No to New NAR Listing Policy, Citing Clarity Over Complexity

April 24, 2025
NAR CRMLS NO

Last month, NAR rolled out a new MLS policy they’re calling “Multiple Listing Options for Sellers.” The idea is to let sellers delay when their listings appear on IDX sites and third-party portals, even while they’re actively marketing the property. It’s optional for MLSs, and CRMLS didn’t waste any time reviewing it—and flat out said no.

Why? Because we don’t need it. CRMLS’s current system already gives brokers the ability to opt out of IDX and syndication. Adding a new listing category just to hit a checkbox creates more problems than it solves. We’re talking more confusion, more compliance issues, and more explaining to do with sellers who just want to know where their listing is showing up online.

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Zillow’s Big Rule Change: Game-Changer or Nothing Burger?

April 21, 2025
Zillow's Big Rule Change: Game-Changer or Nothing Burger?

Zillow’s April 18 clarification, courtesy of Chief Industry Development Officer Errol Samuelson’s LinkedIn post, attempts to clear the air after some major industry blowback following their April 10 announcement. Zillow boldly doubled down on its shiny new “listing access standards,” insisting that any listing marketed to some buyers must be accessible to all—essentially throwing shade at the trendy rise of private listing networks. Samuelson confidently frames these standards as a noble effort to level the playing field and ensure transparency. But, just to spice things up, he also dismisses opposing views as “misinformation,” suggesting critics are merely craving the spotlight.

So, what exactly is Zillow allowing or disallowing under this supposedly big rule shift?

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Redfin Joins Zillow in Blocking Listings Not First Shared via MLS

April 14, 2025
Redfin Follows Zillows lead on blocking non MLS Listings

Glenn Kelman, CEO of Redfin, announced this week that Redfin.com will no longer display listings that were publicly marketed before being shared through the MLS. In a post published April 14th on Redfin’s blog, Kelman stated, “Because we believe that all buyers should be able to see all listings, Redfin.com will not publish any listings that have been publicly marketed before being shared with all real estate websites via the MLS.” In an effort to support this approach, he also called on MLSs to adopt a coming-soon designation that hides days on market and price changes, features often cited by agents and sellers as barriers to listing early on the MLS.

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Zillow and Compass Tackle NAR Clear Cooperation Policy from Opposite Angles

April 10, 2025
Public vs Private Listings- Zillow vs Compass

Moments ago, Zillow announced new listing access standards aligned with the National Association of REALTORS® (NAR) Clear Cooperation Policy, taking a firm stance on listing transparency. According to Zillow’s press release, the standards, effective May 2025, emphasize that any property publicly marketed must be listed on the MLS within one day and also displayed on Zillow and other platforms receiving MLS feeds.

Zillow’s release states clearly, “If a listing is marketed directly to consumers without being listed on the MLS and made widely available where buyers search for homes, it will not be published on Zillow.” They justify this position by arguing selective access to listings “create confusion, harm consumers, and erode trust in the marketplace.”

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Agents, NAR Just Changed the Rules—What the New Listing Policy Means for You

March 25, 2025
National Association of REALTORS (NAR) Clear Cooperation Policy

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.

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