T
he Real Estate Industry's False Dichotomy
In the world of residential real estate, nuance is often lost in debate. The discussion around the Clear Cooperation Policy (CCP) has become a prime example of how important policies are framed as rigid, all-or-nothing arguments, leaving little room for thoughtful discourse. Either you defend CCP as an untouchable pillar of transparency or demand its complete dismantling. But the reality is far more complex.
Buying or selling a home is not just a business transaction; it's a deeply personal decision influenced by various motivations, privacy concerns, and strategic needs that don't fit neatly into rigid policy frameworks. MLSs serve a critical function, fostering transparency, competition, and efficiency in the marketplace. Rather than tearing each other down, it's time to acknowledge the gaps in CCP and work toward solutions that give consumers more flexibility while preserving the integrity of our respective marketplaces.
In Texas, this debate is further complicated by our status as a non-disclosure state, where home sale prices are not public record. This means consumers are particularly sensitive about how their data is shared—a sensitivity that has grown after past breaches of trust in how MLS data was accessed and used without proper consent. Compounding this is the fact that property taxes represent the single-largest tax burden on Texas homeowners, and without publicly available sales data, appraisal districts often struggle to assess properties fairly.
The CCP conversation has been missing a crucial truth: the policy does not work for every seller. Some consumers have legitimate privacy concerns or unique marketing strategies that make immediate full-market exposure through the MLS less than ideal. At the same time, the MLS remains a common ground for a fair, competitive, and transparent marketplace. Attempts to dismantle or sideline it would ultimately harm far more consumers than they help.
The office exclusive carve-out in CCP is a glaring contradiction. It disproportionately benefits large brokerages with significant market share while leaving smaller firms and independent agents at a disadvantage. This creates an uneven playing field where consumers working with smaller brokerages have fewer opportunities, and agents outside of dominant firms are left competing with one hand tied behind their backs.
Unlock MLS is launching Flex Listings—a practical solution that allows sellers to enter essential property details in the MLS while delaying full internet exposure until they're ready. Unlike workarounds such as non-exclusive listings, which require consumers to give up exclusive fiduciary representation to maintain privacy, Flex Listings allow sellers to retain professional advocacy while keeping their marketing options flexible.
Flex Listings will not display on IDX or VOW sites and require limited data. They're intended to serve as a stop-gap solution for the consumer who's testing the waters, readying their property for prime time, or sensitive to the amount of information displayed in a full listing. This is the kind of solution-oriented approach we need in today's industry discussions.
Instead of villainizing those who challenge CCP's fit for every consumer, we should work together to refine policies that respect transparency and choice. The MLS is not the enemy, and neither are those advocating for more flexibility. The answer is not to break the system or pretend it works for everyone exactly as it is. The answer is to evolve, embracing solutions like Flex Listings that balance consumer privacy, professional representation, and marketplace integrity.
Emily Chenevert is the CEO of Unlock MLS and the Austin Board of Realtors, serving nearly 20,000 real estate professionals across Central Texas. She speaks nationally on MLS strategy, innovation, organizational change, housing equity, and accessibility.
