Support Common Sense Policy Reform

As soon as this Spring, the National Association of REALTORS® plans to decide on the future of the Clear Cooperation Policy – the provision requiring listings to be published on the MLS within 24 hours of marketing a property. The rule has potentially far-reaching implications around how homes are bought and sold, including whether consumers will have broad access to all listings on the market, or if a large portion of listings will be confined to private networks, available only to agents that work with certain brokerages.  

Background on Clear Cooperation Policy 

In 2019, NAR introduced the Clear Cooperation Policy to require that all properties be listed on the MLSs within 24 hours, thereby preventing ‘pocket listings’ – homes that could be marketed privately to a smaller pool of buyers. The rule has been subject of fierce debate across the industry since its adoption, with implications both to fair housing policy and antitrust litigation.  

Over the past few years, Anywhere has been explicit in its position that NAR needs fewer, less restrictive national policies, and our view on this specific policy was that Clear Cooperation should be reformed but not repealed.   

There are reasons why a seller needs flexibility for their listing (e.g., for privacy or for testing the market), but it is also critical to ensure buyers have equitable access to listings. Some alternatives to the existing rule might include frameworks that would relax the restrictive ‘one-day’ rule, afford exceptions for certain properties or scenarios, or offer additional ways to preserve seller privacy in the process.  

Make Your Voice Heard 

The decision on the future of Clear Cooperation should not be black-and-white, choosing between seller flexibility and buyer access. Join us in asking NAR to choose a sensible third path for Clear Cooperation – one that prioritizes transparency and choice, without putting agents or consumers at a disadvantage.