T
he National Association of Realtors' Clear Cooperation Policy has reignited controversy among residential brokerage players. The policy requires brokers to post listings on the Multiple Listing Service (MLS) within one business day of marketing them publicly. This rule has been at the center of lawsuits over the past four years, with NAR arguing it protects consumers from off-market or "pocket" listings.

    Compass CEO Robert Reffkin recently expressed his opposition to the policy, stating that it restricts marketing options for listings and benefits aggregators. In an internal email, he claimed that leads from listings are sold via aggregators without the listing agent's involvement, and that these companies prioritize selling leads over homes. Reffkin also mentioned that the Department of Justice is investigating NAR's alleged anti-competitive behavior.

    Reffkin later took to Instagram, stating that Compass was among 88 brokerages and 200,000 agents who want NAR to end the policy. Redfin CEO Glen Kelman shared a similar sentiment, calling pocket listings "part of our exclusionary past" and suggesting private sales options on the MLS as an alternative.

    However, not all industry leaders agree with Reffkin and Kelman. The Agency founder Mauricio Umansky has previously expressed his opposition to the policy and plans to re-file a lawsuit against NAR. A spokesperson for NAR stated that they are "listening to feedback" from industry participants regarding the Clear Cooperation Policy and are open to ongoing dialogue.