The real estate world is fighting over secret listings and the future of how homes are sold

Key Points

  • The National Association of Realtors (NAR) is reviewing the Clear Cooperation policy, which requires agents to list homes on shared databases within one business day of marketing.
  • The policy aims to reduce "off-market" or "pocket" listings, sparking debate over transparency, antitrust laws, and seller control over marketing.
  • Supporters argue it ensures fair housing laws and helps sellers get top prices, while opponents claim it restricts sellers' marketing choices and violates antitrust laws.
  • The decision could impact how homes are marketed and sold, especially in a market with low inventory and consolidated brokerages.
  • There's debate on whether pocket listings help or harm sellers in terms of price maximization and negotiation power.

Summary

The National Association of Realtors (NAR) is currently evaluating the future of its Clear Cooperation policy, which mandates that real estate agents list properties on multiple listing services (MLS) within one business day of marketing them. This rule, effective since 2020, aims to minimize "off-market" or "pocket" listings, where properties are marketed to a select group without broad advertisement. The policy has divided the real estate industry, with proponents arguing it promotes transparency and fair housing practices, while opponents believe it infringes on sellers' rights to choose their marketing strategies and potentially violates antitrust laws. The review comes at a time when the housing market faces low inventory and significant brokerage consolidation, making the decision critical for how homes are sold nationwide. While some like Leo Pareja of eXp Realty see benefits in maintaining the policy for consumer transparency, others like Compass argue it limits homeowner choice. The debate also touches on whether pocket listings help or hinder sellers in terms of price and negotiation power, with mixed data from companies like Zillow and Compass. The NAR's decision could lead to further legal challenges, as indicated by threats from attorneys involved in previous lawsuits against NAR policies.

yahoo
March 24, 2025
Stocks
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