NAR Finally Makes a Decision on Clear Cooperation

March 26, 2025

Wednesday, March 26, 2025

On Tap Today

  • Not-so-clear cooperation: NAR has updated its rules to let sellers choose not to have their listings shared with other MLSs or listing websites.

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The National Association of Realtors (NAR) has been considering changes to its Clear Cooperation policy since 2018, when the Justice Department launched an investigation into the trade organization for potentially anti-competitive practices. The Clear Cooperation policy is a longstanding rule requiring NAR members to add a listing to their local MLS no more than one day after publicly marketing the property. Critics argue that the rule limits sellers' control over how their listings are marketed. Now, NAR has finally amended its bylaws to allow sellers to opt out of listing syndication if they choose.

In a statement, NAR said it will introduce a new category of exempt listings called “delayed marketing exempt listings.” According to the statement, “The exemption will allow a seller the option to instruct the listing agent to delay marketing a listing through Internet Data Exchange and syndication for a period of time.” Each MLS will have the discretion to determine a delayed marketing period that best suits their local marketplace.

This move faced opposition from online listing platforms like Zillow, which rely on IDX to populate their marketplaces. Still, the change is unlikely to significantly impact online listings; currently, only about two percent of listings are sold without being published on the MLS. More than anything, the change appears designed to satisfy the Justice Department as its investigation continues. It may also help shield NAR from future lawsuits, such as the one filed in 2020 by Top Agent Network, a members-only platform for real estate agents.

NAR has faced a growing number of legal challenges in recent years. It was a central defendant in multiple buyer commission lawsuits and has agreed to pay $418 million to settle them. While many hoped NAR would eliminate the Clear Cooperation policy entirely, modifying it may be an attempt to stay ahead of future legal action—and avoid another costly settlement.

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