C
ompass CEO Robert Reffkin has formally declared the brokerage's opposition to the Clear Cooperation Policy (CCP), a move that escalates the ongoing debate over how and when homes should be listed on multiple listing services (MLS). In an email to MLS and National Association of Realtors leaders, Reffkin stated that Compass will not ask its agents to comply with the policy.
Compass has been vocal in its opposition to the CCP since its inception. The brokerage's stance is similar to that of Howard Hanna Real Estate, which also sent a letter to MLSs and NAR in May indicating it no longer considers itself bound by the policy. Compass will continue to determine on a market-by-market basis whether to require listing brokers to submit listings within a specific timeframe.
Reffkin warned of the potential legal risks associated with maintaining the CCP, including the possibility of future class-action lawsuits. He noted that Compass has not agreed to or adhered to the CCP as a matter of course and will continue to operate independently of NAR and other brokerages.
The brokerage's stance is part of a broader pushback against rules prohibiting private listings and pre-marketing homes. Compass has filed separate lawsuits against Zillow and the Northwest Multiple Listing Service, alleging anticompetitive policies. The Clear Cooperation Policy has been at the center of controversy since its passage in 2019, with many arguing it restricts innovation in the industry.
Compass' decision to formalize its opposition to the CCP comes as the policy faces increasing scrutiny from various fronts. A federal antitrust lawsuit against NAR, alleging that the trade association's policy is anticompetitive and forced a company out of the marketplace, was reopened on July 1.
