A critical analysis of the Clear Cooperation Policy

A critical analysis of the Clear Cooperation Policy Inman conducted a multipart investigative series on Clear Cooperation Policy, which NAR implemented in 2020. The policy, intended to curb property marketing that illegitimately circumvent the MLS, limits the ability for agents to market listings to a max of one business day before it goes active in the MLS. The series includes a discussion of how, in some markets, pocket listings continue at high rates. For example, one study reveals that the percentage of homes sold within a day of going active in the MLS (a sign that the home was actually sold before going live in the MLS) shot up in markets around the country after the Clear Cooperation Policy took effect. Irrespective of consumer benefit, brokerages and agents face big incentives with marketing homes off the MLS, a practice that has been commonplace for decades. As the industry looks to keep the integrity of the MLS intact, workarounds to the Clear Cooperation Policy as covered in this series make it clear that the practice is alive and well and will continue.