Last Updated on November 20, 2025 by Elizabeth Nolan
The real estate industry is in the midst of a heated debate about how properties should be marketed. With Compass publicly challenging NAR’s Clear Cooperation Policy and some markets reducing enforcement, you might be wondering: What exactly constitutes “public marketing”? What are your obligations under Clear Cooperation? And how can you best serve your sellers while protecting yourself and your business?
If you’ve felt confused by the shifting landscape around listing exposure, you’re not alone. This guide will clarify what you need to know about Clear Cooperation, explain your options for listing properties, and help you navigate current compliance.
⚠️ Important: MLS rules vary significantly by market, and violations can result in fines of $100-$500+ per incident. Always verify your local MLS requirements and consult with your broker’s compliance officer before implementing any listing strategy. [Full disclaimer at bottom of article]
What Is the Clear Cooperation Policy?
The NAR Clear Cooperation Policy (Policy Statement 8.0) was adopted in November 2019 to address the growing practice of “pocket listings”—properties marketed privately without being submitted to the MLS. The policy is straightforward in principle:
Within one (1) business day of marketing a property to the public, listing brokers must submit the listing to their NAR-affiliated MLS for cooperation with other MLS participants.
The policy was designed to reinforce the core principle of broker cooperation, ensure fair housing practices, and provide equal access to property information for all consumers. By establishing a national standard, NAR required all REALTOR® Association MLSs to adopt this policy consistently.
Defining “Public Marketing”: Where the Confusion Lies
Here’s where many agents get tripped up. The definition of “public marketing” is intentionally broad and includes more than you might think.
According to NAR’s official policy, public marketing includes, but is not limited to:
- Yard signs (yes, even a simple “Coming Soon” sign)
- Window displays and flyers
- Digital marketing on public-facing websites
- Brokerage website displays (including IDX and VOW)
- Email blasts to clients or other agents
- Social media posts (Facebook, Instagram, LinkedIn, etc.)
- Multi-brokerage listing sharing networks
- Text message campaigns
- Open houses
- Any application available to the general public
The key word here is “public.” If information about a property’s availability reaches anyone outside your brokerage—whether that’s a consumer, an agent from another firm, or your social media followers—you’ve triggered the one-business-day clock.
What ISN’T Considered Public Marketing?
Office exclusives remain a legitimate option under Clear Cooperation. You can:
- Share listings internally with agents in your own brokerage
- Discuss properties one-on-one with your existing clients who have signed agency agreements
- Market properties directly to licensees within your firm
The moment you share that same information outside your brokerage walls—even in a private Facebook group of agents from multiple firms—it becomes public marketing.
The Compass Controversy: What’s Really Happening?
The debate around Clear Cooperation intensified dramatically in 2024 and 2025, with Compass CEO Robert Reffkin leading the charge against the policy.
Compass’s Position
In July 2025, Compass formally notified NAR and MLS leadership that it “does not consider the Clear Cooperation Policy or any national NAR MLS rule impacting clients as binding” and stated it would not adhere to the policy going forward.
Compass’s argument centers on seller choice. Reffkin has argued that the policy is “anti-consumer” and “anti-homeowner,” claiming it forces sellers into situations where their properties accumulate days on market and price drop history—what he calls “negative insights”—that reduce property values.
According to company reports on its Private Exclusives program, Compass claims:
- Since July 2024, Private Exclusives grew by 150%
- Over 30% of Compass listings are now private exclusives
- Properties pre-marketed as Private Exclusives sold 20% faster once hitting the MLS
- 30% fewer had price drops compared to direct MLS listings
- Average sale price was 2.9% higher (about $29,000 more on a $1M home)
The Other Side: Why Many Support Clear Cooperation
Not everyone agrees with Compass’s approach. Industry leaders like Zillow and eXp Realty have publicly defended the Clear Cooperation Policy.
Their arguments include:
- Market transparency: Clear Cooperation ensures the MLS remains the most complete, accurate data set for consumers
- Fair housing: Equal access to listing information prevents discriminatory practices
- Buyer protection: All buyers deserve to know about all available properties
- Competition concerns: Large brokerages with concentrated market share could unfairly monopolize inventory
As eXp Realty CEO Leo Pareja noted, removing Clear Cooperation would create “a much worse experience and potentially fair housing violations.”
The Current Enforcement Landscape
Here’s what you need to know about enforcement in your market right now:
Penalties Vary by MLS
Clear Cooperation violations can result in significant fines that vary by MLS:
- $100-$500 per property per day is the most common range
- ARMLS (Arizona): $500 per day, per property
- Stellar MLS (Florida): $500 first offense, escalating to $15,000 maximum
- MetroTex (Texas): Starting at $250 per violation
- SMART MLS (Connecticut) $500 for the 1st Violation up to $2,000 and a suspension for the 3rd.
Most MLSs follow a progressive discipline structure, with educational approaches for first-time violations and escalating penalties for repeat offenders.
Enforcement Is Weakening in Some Markets
As Reffkin noted during Compass’s Q4 2024 earnings call, “almost half of the markets the brokerage operates in have stopped enforcing CCP.” This creates an uneven playing field across the country.
NAR Hasn’t Made a Final Decision
Despite intense pressure from multiple sides, NAR has not yet rendered a judgment on whether to modify or eliminate the Clear Cooperation Policy. The trade group held meetings in late 2024 but took no action, leaving the industry in a state of uncertainty.
How to Navigate Listing Options Compliantly
Given this complex landscape, how should you proceed? Here’s your practical roadmap:
Strategy 1: Use “Coming Soon” Status
Most MLSs offer a “Coming Soon” status that satisfies Clear Cooperation requirements while giving you time to build buzz. With Coming Soon, you can:
- Place yard signs
- Market on social media
- Send email blasts
- Create marketing materials
- Generate buyer interest
The property is in the MLS (meeting your cooperation obligation) but isn’t yet available for showings and cannot accept offers. This is your best option for pre-marketing while staying compliant.
Strategy 2: True Office Exclusives
If your seller genuinely wants privacy (common in divorce situations, celebrity clients, or sensitive circumstances), you can maintain a true office exclusive by:
- Getting proper written authorization from the seller acknowledging they’re waiving MLS exposure; the property is officially being ‘Withheld’.
- Keeping all marketing internal to your brokerage only
- Avoiding all public marketing including signs, social media, and public websites
- Sharing only one-on-one with your brokerage’s existing clients
Remember: The moment you put up a sign or post to social media, you must enter the listing in the MLS within one business day.
Strategy 3: Traditional MLS Listing
For most sellers, a traditional Active MLS listing provides maximum exposure and follows the industry’s cooperative model. This approach:
- Reaches the widest audience of potential buyers
- Provides equal access for all agents and their clients
- Aligns with fair housing principles
- Eliminates compliance concerns
Know Your Local MLS Rules
While Clear Cooperation is a national NAR policy, individual MLSs may have additional or slightly different requirements. Make sure you:
- Review your specific MLS’s rules and regulations
- Understand your MLS’s enforcement approach and penalty structure
- Attend MLS training sessions on compliance
- Stay updated on policy changes in your market
Related article: Understanding Clear Cooperation: The Guide to Listing Options and Compliance
Best Practices for Serving Sellers and Protecting Your Business
1. Have Honest Conversations About Exposure
Present all marketing options to your sellers, including the pros and cons of each approach. Discuss:
- The benefits of MLS exposure (maximum buyer pool, price transparency)
- The potential advantages of pre-marketing (building anticipation, testing price)
- The risks of limited exposure (smaller buyer pool, potential fair housing concerns)
- Your local MLS’s requirements and your obligation to comply
2. Get Everything in Writing
If a seller wants to limit MLS exposure, ensure you have:
- Signed authorization forms acknowledging they understand they’re waiving MLS benefits
- Clear documentation of marketing plans and timelines
- Written approval for any changes to the marketing strategy
This protects both you and your client.
3. Set Calendar Reminders
If you’re doing any pre-marketing before MLS entry:
- Set an alert for the one-business-day deadline
- Remember that business days exclude weekends and federal holidays
- When in doubt, enter the listing sooner rather than risk a violation
A $500 fine isn’t worth cutting it close.
4. Stay Informed on Policy Changes
The Clear Cooperation debate isn’t over. Subscribe to updates from:
- Your local MLS compliance department
- NAR’s MLS policy updates
- Industry publications like Inman, HousingWire, and RISMedia
- Your state and local REALTOR® association
5. Don’t Follow Compass Blindly
Unless your brokerage has explicitly told you to ignore Clear Cooperation (and accepted the liability), you should continue following your MLS’s rules. Compass has deep pockets for legal battles and compliance violations—most independent agents don’t.
As one compliance director noted: Violations are “reported by subscribers and users of the MLS” and “violation reporting is anonymous.” Your competitors may be watching.
What the Future Holds
The real estate industry stands at a crossroads regarding listing cooperation. Several possible outcomes exist:
Clear Cooperation Remains NAR doubles down on cooperation principles, possibly with minor modifications like extending the one-day window to a few weeks.
Market-by-Market Decisions NAR eliminates the national mandate, allowing each MLS to decide whether to require listing cooperation.
Complete Repeal Clear Cooperation ends entirely, and brokerages decide independently how long to keep listings private.
Each scenario has different implications for agents, consumers, and the industry at large. The only certainty is that change is coming.
The Bottom Line: Protect Yourself First
While industry titans debate policy at the highest levels, your immediate concern should be protecting your license and your business. Here’s what that means:
Understand the rules. Know what constitutes public marketing and what triggers your MLS submission requirement.
Follow your local MLS. Even if enforcement is lax in your market, documented violations stay on your record and can escalate quickly.
Serve your sellers’ best interests. Present all options transparently and let them make informed decisions about marketing their property.
Document everything. Get written authorization for any deviation from standard MLS practices.
Stay educated. This landscape is changing rapidly. Make it a priority to stay current on policy developments.
The Clear Cooperation debate reflects fundamental questions about how real estate should work: Who benefits most from listing transparency? What serves consumers best? How should brokers compete?
These are important industry discussions—but they shouldn’t distract you from the practical reality that compliance matters now, regardless of what policies might change later.
By understanding what “public marketing” means, knowing your MLS’s specific requirements, and implementing smart workflows, you can serve your sellers effectively while protecting your business from costly violations.
The listing options landscape may be evolving, but your obligation to your clients and your profession remains constant: informed guidance, ethical practice, and professional compliance.
Important Disclaimer
This article is provided for educational and informational purposes only and does not constitute legal, professional, or compliance advice. Real estate rules, regulations, and MLS policies vary significantly by location and change frequently. MLS violations can result in substantial fines (typically $100-$500+ per violation, with some MLSs imposing up to $15,000 maximum penalties), suspension of MLS privileges, or other penalties.
Before making decisions about listing marketing or compliance:
- Verify your local MLS rules. The information in this article reflects general practices and the ongoing policy debate, but your market’s rules and enforcement may differ significantly.
- Consult your broker’s compliance officer. Your brokerage may have specific policies or guidance regarding Clear Cooperation and listing practices.
- Review your MLS’s current policies and enforcement approach. Rules and enforcement vary by market and change regularly.
- Check state and local regulations. Real estate laws vary by state and locality.
- When in doubt, ask. Contact your MLS support team or local REALTOR® association for clarification before taking action.
We make no representations or warranties regarding the accuracy, completeness, or currentness of the information provided. Following or implementing strategies or making compliance decisions based on this article is done at your own risk. We are not responsible for any fines, penalties, legal issues, or other consequences that may result from actions taken based on this content.
The Clear Cooperation Policy debate is ongoing, and policies may change. Information about enforcement, industry positions, and policy status reflects the situation at the time of writing but may not reflect current circumstances.
Always prioritize compliance with your local MLS rules, state real estate regulations, and your brokerage’s policies over any general information provided in this or any other educational article.
If you need specific guidance on compliance matters or listing strategies, please consult with your broker, your MLS compliance department, or a qualified real estate attorney.
