T
he National Association of Realtors' (NAR) Clear Cooperation policy is under scrutiny due to recent industry rule changes. This policy requires brokers to enter listing information into the MLS within one business day of publicly marketing a residential property. The aim is to limit the distribution of information for pocket listings, which could potentially mean only marketing a property to a select audience or demographic. However, the rule also comes with stiff penalties for non-compliance.

    Consulting firm WAV Group is conducting a survey among real estate professionals to gauge their opinions on the Clear Cooperation policy. The survey is intended as a "temperature check" for influential NAR committee members, but NAR is not involved in the process. The survey has already received 500 responses since its launch on Friday.

    The Clear Cooperation policy has drawn criticism from the Department of Justice (DOJ), leading to lawsuits against NAR, MLSs, and Realtor Associations. These lawsuits include ongoing litigation with Top Agent Network, a private listing service, as well as a suit brought by pocket listing site ThePLS.com, which has been resolved for now. The DOJ continues to investigate the Clear Cooperation policy in a case that may reach the Supreme Court.

    WAV Group's Victor Lund argues in a blog post that the policy has drawn the ire of the DOJ and that the industry is at a "fight or flight moment" regarding Clear Cooperation. Many brokers, MLSs, and Association leaders believe that this policy creates untenable legal risk given the active investigation by the Department of Justice.

    NAR is open to ongoing dialogue with its members regarding the Clear Cooperation Policy, with the ultimate goal of helping NAR members and consumers succeed.