Why Real Estate’s Most Controversial Policy Remains in Limbo — The Clear Cooperation Debate

With NAR’s recent decision to delay any action on the Clear Cooperation Policy (CCP), the future of real estate transparency and competition remains uncertain.
Why Real Estate’s Most Controversial Policy Remains in Limbo — The Clear Cooperation Debate
Why Real Estate’s Most Controversial Policy Remains in Limbo — The Clear Cooperation Debate
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On Friday, the National Association of REALTORS® (NAR) reconvened for the second time in seven weeks to review the Clear Cooperation Policy (CCP). Yet, despite industry anticipation, the meeting once again ended without any decisions being made.

Instead, NAR’s MLS Technology and Emerging Issues Advisory Board decided not to recommend changes, opting to pass feedback to NAR’s Leadership Team. 

With no specific date for a resolution, the industry continues to wait—and at the same time, more industry leaders continue to weigh in on the policy. Most recently, The Council of Multiple Listing Services (CMLS) took a firm stance in an open letter, saying a hasty repeal of CCP would be “reckless and unnecessary.”

NAR’s Advisory Board Defers Decision

In the October 25 meeting, NAR’s MLS Technology and Emerging Issues Advisory Board chose not to make a formal recommendation or take immediate action.

A spokesperson said in a statement that “NAR continues to receive a range of passionate opinions about CCP” and that any changes require thorough deliberation among industry members, stakeholders, and experts. 

The delay is in part due to the complexity of the situation, as NAR’s policies remain under scrutiny due to ongoing litigation and investigations by the Department of Justice (DOJ). “NAR will continue to evaluate CCP in the broader context of the issues facing NAR and the industry,” the spokesperson said.

CMLS Advocates for CCP Preservation

CMLS CEO Denee Evans released an open letter on the same day as NAR’s last meeting. In it, she expressed support for keeping CCP in place and argued that it is a “big idea” necessary for market integrity and transparency. 

Without CCP, Evans believes “sellers will pay dearly,” stating that buyers would find it harder — and possibly more expensive — to gain a complete view of their options. She added, “Agents will awaken each morning to a constrained view into their market. Brokers will find it more difficult to compete as listings are systematically held within private networks and a few market-dominating firms.”

Industry Leaders Weigh In

The debate around CCP has become a high-profile issue, with leaders across the industry vocalizing their views. Below, we share where some of the biggest names in the industry stand.

Voices in Favor of Clear Cooperation Policy

Supporters of CCP argue that its repeal would exacerbate market inequities, making it harder for buyers to access listings and for smaller brokerages to compete. Supporters of CCP include:

  • Glenn Kelman, Redfin CEO
  • Leo Pareja, eXp CEO
  • Stephen Brobeck, Senior Fellow with the Consumer Federation of America (CFA)
  • Jeremy Wacksman, Zillow CEO
  • Council of Multiple Listing Services (CMLS)

Voices Against Clear Cooperation Policy

Critics argue that CCP restricts agent flexibility and seller choice. These voices advocate for reforms that would adapt the policy to today’s needs without undermining its original intent.

Critics of CCP include: 

  • Austin Board of Realtors (ABoR) MLS
  • Mauricio Umansky, CEO of The Agency
  • Robert Reffkin, Compass CEO
  • Park City Board of Realtors (which recently announced it will no longer require agents to follow the policy)

The mounting tension around CCP has driven industry voices to advocate passionately for whichever side they stand on. But during his time on stage at BAM Mania, Rob Hahn (aka Notorious R.O.B.) predicted that “Clear Cooperation Policy is dead one way or the other. It will either die because they are willing to make changes or because large corporations will simply stop caring.” 

Hahn continued, “And the issue is the brokerages, the large brokerages, quite frankly, they’re not doing that well…They have a humongous incentive to improve their margins. It turns out the MLS flattens those margins.”

What’s Next for CCP?

With NAR’s NXT Conference approaching next week, NAR faces growing pressure to make a definitive decision on CCP. But CMLS CEO Evans emphasized that a rushed decision could lead to “reckless” outcomes. She advocates for a thoughtful, refined approach, urging NAR to preserve the policy’s benefits while fine-tuning it to meet evolving industry needs.

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About the Author

Meet Vanessa Bowman, senior editor at BAM. Combining her background in elementary education and journalism, Vanessa has been crafting content for the real estate industry since 2017. From BAM blogs to ebooks, courses, and everything in between, she brings a unique perspective to her work. But her favorite part? Collaborating with BAM's incredible creators and contributors to bring fresh and exciting ideas to life.

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