Potential Antitrust Litigation Against the CCP & the Impact
The debate around NAR's Clear Cooperation Policy (CCP) is heating up, with real estate coach Darryl Davis making a compelling case for reform. The current policy requires that if a homeowner hires a real estate professional and markets their property publicly, that listing must be entered into the MLS within one business day.
Davis isn't against the MLS, in fact, he strongly believes listing on the MLS typically gets sellers the best price. His concern is that the policy eliminates homeowner choice by forcing participation.
Making things more complicated, NAR recently introduced a "Delayed Marketing Exempt Listing" policy that allows sellers to keep their homes off IDX feeds like Zillow and Realtor.com, even while listed in the MLS. This creates a contradiction: if sellers can choose whether their home appears on public websites, why can't they choose whether it goes on the MLS at all?
Why This Matters to Agents
This debate could significantly impact how you do business. Potential antitrust litigation against the CCP could change listing requirements. As client advocates, understanding both sides helps you better serve homeowners who may have questions about their listing options. The outcome could reshape how properties are marketed, potentially giving sellers more flexibility while forcing the industry to reconsider policies that may limit consumer choice.