Understanding Clear Cooperation: The Guide to Listing Options and Compliance

Last Updated on October 31, 2025 by Elizabeth Nolan

The real estate landscape has transformed dramatically with NAR’s Clear Cooperation Policy, fundamentally changing how agents market properties and serve their clients. With new “delayed marketing exempt listings” added in March 2025, agents now have more options than ever to balance client needs with regulatory compliance.

Understanding these options isn’t just about staying compliant—it’s about providing strategic value to your clients. This comprehensive guide explores every listing option available today, from maximum public exposure to complete privacy, helping you make informed decisions for every client situation.

What is Clear Cooperation and Why It Matters

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. This policy is intended to bolster cooperation and advance the positive, procompetitive impacts that cooperation fosters for consumers.

The policy addresses a fundamental principle: fair market access. When properties are publicly marketed but not shared through the MLS, some buyers and their agents miss opportunities, potentially creating unequal access to available inventory. Clear Cooperation ensures that once a property enters the public marketplace, all MLS participants can offer it to their clients.

Note: “public marketing”  includes yard signs, flyers displayed in windows, digital marketing on public-facing websites and social media platforms, and any other form of advertising that reaches the general public. Once any of these marketing activities begin, the clock starts ticking on the one-business-day requirement to submit the listing to the MLS.

Recent Policy Updates: More Options for Sellers

The new policy is effective March 25, 2025, and must be implemented by September 30, 2025. The new policy statement gives MLSs discretion to set a delay period in which sellers and their agents can keep their properties from being marketed publicly through IDX or syndication (Zillow, Realtor et al, non-listing brokerage websites).

This significant change provides sellers with additional control over their property marketing while maintaining the core principles of MLS cooperation that protect consumer interests.

Complete Spectrum of Listing Options: From Public to Private

Understanding your listing options helps you serve diverse client needs while staying compliant. Here’s every option available, arranged from maximum public exposure to maximum privacy:

1. Full MLS Listings with Syndication (Maximum Exposure)

Traditional MLS listings with full syndication represent the gold standard for maximum market exposure.

Features:

• Listed in MLS and visible to all participants
• Automatically syndicated to major websites (Zillow, Realtor.com, etc.)
• Available through IDX feeds on agent websites
• Full cooperation with all MLS participants

For Agents:

• Maximum professional network exposure
• Simplified compliance with all regulations
• Access to MLS statistics and market data
• Professional credibility and standard practices

How Sellers Benefit:

• Maximum buyer exposure and competitive pricing potential
• Studies by NAR show agent-assisted listings tend to sell for nearly $100,000 more than “for sale by owner” homes
• Full marketing reach across all channels
• Transparent market process

Advantages for Buyers:

• Equal access to all available properties
• Complete property information and history
• Professional representation throughout process
• Market transparency and fair pricing

Constraints:

• No privacy control once listed
• Property details become public record
• Must accept showings from all qualified agents
• Standard MLS rules and timelines apply

NAR Position: Fully supported as the standard practice that promotes fair housing and market transparency.

2. Delayed Marketing Listings (Professional First)

The newest option allows properties to be listed in the MLS while temporarily delaying public syndication.

Features:

• Immediately visible to all MLS participants
• Temporarily excluded from IDX and syndication (no Zillow et al)
• Delay period determined by local MLS rules
• Professional cooperation maintained

For Agents:

• Provides early access to inventory for professional networks
• Maintains MLS compliance while offering client flexibility
• Creates potential for pre-market buyer matching

How Sellers Benefit:

• Test market within professional network first
• Maintain some privacy during initial marketing
• Professional preparation time while property is “active”
• Option to expand to full public marketing later

Advantages for Buyers:

• Working with agents provides early access
• Properties still available through MLS cooperation
• Professional guidance throughout process
• Fair access through agent representation

Constraints:

• Time-limited delay period (varies by MLS)
• Must eventually decide on full public marketing
• Requires specific seller instruction and MLS coding
• Limited to professional network during delay period

NAR Position: “NAR is grateful for members’ engagement throughout this process, and pleased to have reached an outcome that balances the needs and perspectives of diverse membership.” This is the current compromise to the divide between those who believe all listings should go on MLS and those who want to keep listings in-house but still publicly market on their own websites.

Related article from Housing Wire: Confused by the Clear Cooperation Policy debate? Here’s what to know

3. Withheld from IDX/Syndication (Professional Only)

Properties listed in MLS but permanently excluded from public marketing channels.

Features:

• Active in MLS with full professional cooperation
• Never appears on consumer websites
• Visible to all real estate professionals
• Permanent privacy from public marketing

For Agents:

• Serves privacy-conscious clients within compliant framework
• Maintains professional network access
• Satisfies Clear Cooperation requirements
• Creates exclusive service offering

How Sellers Benefit:

• Maximum privacy while maintaining MLS presence
• Professional marketing without public exposure
• Control over buyer qualification process
• Reduced disruption from casual inquiries

Advantages for Buyers:

• Access through professional representation
• Less competition from unqualified buyers
• Professional guidance and pre-screening
• Quality service from buyer agents

Constraints:

• Significantly reduced buyer pool
• Success depends heavily on agent networks
• No consumer website visibility
• May impact pricing due to limited exposure

NAR Position: Supported as compliant option that maintains MLS cooperation while respecting seller privacy preferences.

4. Coming Soon Listings (Anticipation Marketing)

Properties marketed as “coming soon” before full MLS activation.

Features:

• Pre-market marketing and anticipation building
• Must transition to active MLS status
• MLS can dictate rules on showings and making purchase offers
• Public marketing triggers Clear Cooperation timeline

For Agents:

• Creates market buzz and interest. Allows public marketing before active showings
• Builds buyer databases and interest lists
• Allows property preparation time and advance appointment scheduling
• Can generate competitive situations

How Sellers Benefit:

• Market preparation and staging time
• Early interest assessment
• Yields better purchase offers by allowing ready, willing and able buyers a preparation window
• Potential competitive bidding
• Strategic timing control

Advantages for Buyers:

• Early awareness of upcoming inventory
• Opportunity to be first in line
• Less competition during preview phase
• Professional guidance on timing

Constraints:

• Must be submitted to MLS within one business day of public marketing
• Limited marketing timeline
• Must eventually become fully active listing
• Clear Cooperation compliance required

NAR Position: Acceptable practice provided Clear Cooperation requirements are met once public marketing begins. 

5. Office Exclusive Listings (Brokerage Internal)

Properties marketed exclusively within a single brokerage initially.

Features:

• Limited to single brokerage or team
• Must comply with Clear Cooperation if publicly marketed
• Marketing is only within the brokerage/company
• Internal buyer/seller matching opportunities
• Controlled showing and marketing process

For Agents:

• Potential dual agency commission opportunities
• Quality control over presentation and showing
• Stronger client relationships within brokerage
• Market testing within trusted network

How Sellers Benefit:

• Familiar team handling all aspects
• Quality control and consistency
• No build up of public Days on Market
• Potentially faster transaction process
• Reduced external agent interactions

Advantages for Buyers:

• Working with known, trusted professionals
• Potentially less competition initially
• Consistent service experience
• Direct communication channels

Constraints:

• Clear Cooperation applies once publicly marketed
• Limited initial buyer exposure
• Must document client agreements clearly
• Must comply with MLS Withhold rules and documentation
• Cannot indefinitely avoid MLS if marketing publicly

NAR Position: Acceptable provided Clear Cooperation requirements are met and proper client consent is obtained.

6. Off-Market/Pocket Listings (Network Exclusive)

Also known as pocket listings or quiet listings, off-market listings are properties that are for sale but not publicly listed on the MLS.

Features:

• No MLS presence initially
• Shared within agent’s professional network
• Private marketing and showings
• Must avoid public marketing to maintain status

For Agents:

• Serves ultra-high-end or privacy-conscious clients
• Builds exclusive professional relationships
• Controls buyer qualification and access
• Creates premium service offerings

How Sellers Benefit:

• Maximum privacy and confidentiality
• Controlled exposure and showing process
• Exclusive, high-end service experience
• Protection from public scrutiny

Advantages for Buyers:

• Access to exclusive inventory through agent relationships
• Less competition and market noise
• Personalized, high-touch service experience
• Potential for unique property opportunities

Constraints:

• Any public marketing triggers Clear Cooperation
• Significantly limited buyer pool
• Potential fair housing scrutiny
• Success highly dependent on agent networks

NAR Position: Acceptable provided no public marketing occurs and fair housing principles are maintained.

7. Private Network Sales (Minimum Exposure)

Properties sold exclusively through private referral networks without any public marketing.

Features:

• No public marketing whatsoever
• Direct agent-to-agent or client referrals
• Private negotiations and transactions
• Complete confidentiality maintained

For Agents:

• Serves ultra-luxury and celebrity markets
• High-value relationship building
• Premium service offerings

How Sellers Benefit:

• Complete privacy and confidentiality
• No public exposure or market disruption
• Exclusive, personalized service
• Control over all aspects of sale process

Advantages for Buyers:

• Access to truly exclusive properties
• No competition from general market
• High-level, personalized service
• Unique investment opportunities

Constraints:

• Extremely limited buyer pool
• Success depends entirely on agent networks
• May not achieve full market value
• Requires extensive professional relationships

NAR Position: Acceptable provided all fair housing laws are followed and no public marketing occurs.

Comprehensive Listing Options Comparison

Listing Type	MLS Visible	Public Marketing	Buyer Pool	Agent Networks	Privacy Level	Clear Cooperation
Full MLS + Syndication	✅	✅	Maximum	All	None	✅ Compliant
Delayed Marketing	✅	⏱️ Delayed	Professional First	All MLS	Temporary	✅ Compliant
Withheld from IDX	✅	❌	Professional Only	All MLS	High	✅ Compliant
Coming Soon	✅	✅ Limited	Building Interest	All	Medium	✅ Must Comply
Office Exclusive	❌ Initially	❌ Initially	Brokerage Only	Single Firm	High	⚠️ If Public Marketing
Pocket Listings	❌	❌	Agent Network	Limited	Very High	⚠️ If Public Marketing
Private Network	❌	❌	Referrals Only	Very Limited	Maximum	✅ No Public Marketing

Strategic Recommendations for Different Client Situations

For Maximum Sale Price and Speed

Choose Full MLS + Syndication for properties where competitive bidding and maximum exposure will drive the best results. This works best in balanced or seller’s markets with properties priced at or below market value.

For Privacy-Conscious Sellers

Consider Delayed Marketing or Withheld from IDX options that maintain MLS cooperation while providing privacy control. These new options bridge the gap between full exposure and complete privacy.

For Luxury and Ultra-High-End Properties

Pocket listings or private network sales may be appropriate when privacy is paramount and the professional network is sufficient to find qualified buyers.

For Market Testing

Office Exclusive listings or delayed marketing options allow sellers to test market response while maintaining flexibility for broader marketing strategies.

For Building Buyer Interest

Coming soon strategies create anticipation and can generate competitive situations, particularly in markets with low inventory.

Best Practices for Compliance and Success

Document Everything

• Obtain clear written instructions from clients about marketing preferences
• Document the rationale for choosing specific listing strategies
• Maintain records of all marketing activities and timing
• Ensure all agreements comply with MLS, local and state requirements
• Use transaction management systems to organize and track documents

Related article: Essential Real Estate Transaction Documents: Complete Guide for Agents

Educate Clients Thoroughly

• Explain all available options and their implications
• Discuss potential impacts on pricing and sale timeline
• Ensure clients understand compliance requirements
• Provide examples of successful strategies in similar situations

Stay Current with Regulations

• Monitor NAR policy updates and local MLS changes
• Participate in continuing education on Clear Cooperation
• Understand local implementation of new delayed marketing options
• Maintain relationships with MLS administrators and colleagues

Technology Integration

• Use CRM systems to track different listing types and compliance deadlines
• Implement systems for managing delayed marketing timelines
• Maintain databases for professional network marketing
• Leverage technology for efficient client communication and documentation

Looking Forward: Industry Trends and Considerations

The real estate industry continues evolving with technology and regulatory changes. Key trends include:

• Enhanced MLS Technology: Improved systems for managing various listing types and compliance requirements
• Consumer Education: Growing buyer and seller awareness of listing options and their implications
• Professional Differentiation: Agents specializing in specific listing strategies and market segments
• Data Analytics: Increased use of market data to determine optimal listing strategies for specific properties

Conclusion: Balancing Client Needs with Market Realities

Understanding Clear Cooperation and the full spectrum of listing options empowers real estate agents to provide strategic, compliant advice tailored to each client’s unique situation. The Multiple Listing Options for Sellers policy provides additional flexibility while maintaining the core principles that protect consumer interests.

Success in today’s market requires mastering these options and matching the right strategy to each client’s needs, market conditions, and regulatory requirements. Whether working with privacy-conscious luxury clients or first-time homebuyers seeking maximum exposure, your expertise in navigating these choices adds significant value to your professional services.

The key is education—both your own ongoing professional development and thorough client education about their options. By understanding the features, advantages, and constraints of each listing type, you can guide your clients to make informed decisions that align with their goals while maintaining full compliance with industry regulations.

Remember that successful real estate careers are built on trust, transparency, and expert knowledge of the systems that govern our industry. Mastering Clear Cooperation and listing options positions you as a knowledgeable professional who can navigate complex situations while delivering exceptional client service.

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For the most current information on Clear Cooperation and MLS policies, visit NAR’s MLS Policy Resources and consult your local MLS organization. Always verify local regulations as implementation may vary by market and jurisdiction.