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Navigating NAR’s New Clear Cooperation Policy and Portal Backlash
- Skyline
- Apr 15
- 3 min read
The National Association of REALTORS® (NAR) recently updated its Clear Cooperation Policy to offer sellers more flexibility when listing their properties.
Sellers can now opt to temporarily withhold their listings from public MLS advertising provided they give written consent acknowledging the risks of reduced public exposure. These "delayed marketing exempt listings" can still be privately marketed within brokerage networks and direct contacts (commonly called "Office Exclusives" or "Pocket Listings"), though initial public syndication is not required. The listing must still be submitted to the MLS under a non-public status.
Major Portal Reactions: Zillow & Redfin
In response to NAR’s policy shift, Zillow and Redfin have adopted strict policies aimed at maintaining transparency in property listings. Both platforms announced that any property privately marketed prior to being publicly listed will be permanently banned from appearing on their websites.
Zillow clearly stated: "If a listing is marketed directly to consumers without being listed on the MLS first, it will never be published on Zillow." Redfin's CEO Glenn Kelman echoed a similar sentiment, emphasizing fairness and transparency for all consumers.
Homes.com’s Contrasting Stance
Homes.com, under the ownership of CoStar, has taken a notably different approach. CEO Andy Florance strongly criticized Zillow and Redfin's policy, labeling it as "anti-competitive." Florance stated, "Whether or not you support the Clear Cooperation Policy, it is never acceptable for a real estate portal to threaten agents this way. Real estate portals must remain neutral." Homes.com committed to continuing to display listings that were previously marketed privately and encouraged agents to report any perceived antitrust violations by Zillow.
Enforcement of the Policies
There remains some uncertainty about how Zillow and Redfin intend to identify privately marketed listings. Possible methods could involve examining MLS listing date discrepancies, digital traces from social media or brokerage websites, or reports from other agents or consumers. While neither Zillow nor Redfin has fully disclosed their enforcement techniques, agents should assume compliance will be closely monitored.
Risks to Sellers
Agents must thoroughly communicate the following risks to sellers who consider private listings:
Permanent exclusion from Zillow and Redfin, significantly reducing online visibility.
Fewer potential buyers, possibly leading to lower offers and a longer time on the market.
Potential negative market perception due to extended or hidden market times.
Recommended Best Practices for Real Estate Agents
To effectively manage this complex landscape, agents are advised to:
Clearly educate sellers about new policies, highlighting both potential benefits and significant risks.
Obtain written informed consent from sellers, explicitly outlining the limitations and consequences of private marketing.
Strictly adhere to MLS rules, submitting all required documentation promptly.
Maintain comprehensive records of all communications and decisions related to listing strategies.
Utilize alternative marketing platforms such as Homes.com, Realtor.com, and direct brokerage networks.
Stay updated on evolving portal and MLS policies to ensure ongoing compliance and client protection.
Would you advise a seller to list their home privately if it meant that it could NEVER be listed on Zillow? Let us know in the comments or share with a colleague in an upcoming CE Class!
This information is provided for educational purposes only and does not constitute legal advice. Agents should always consult legal counsel and follow their local MLS guidelines. No liability is assumed for actions taken based on this content.
Works Cited
NAR Clear Cooperation Policy Update (2025)
Zillow Public Statement by Errol Samuelson (2025)
Redfin Blog Post by CEO Glenn Kelman (2025)
Homes.com Letter from CEO Andy Florance (2025)
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