Navigating NAR's Latest Clear Cooperation Update: What it Means for MLSListings Subscribers

Recent announcements from the National Association of REALTORS® (NAR) concerning modifications to the Clear Cooperation Policy (CCP) have generated considerable discussion. NAR has opted to keep the CCP in place but has evolved it by adding an optional feature called delayed marketing.

So, what does this mean for those using MLSListings? According to MLSListings CEO Dave Wetszel, the impact is minimal, if any. The "net of that is it doesn't really impact you very much," he states.

NAR's Delayed Marketing Rule

NAR's modification requires MLSs to provide a listing type that allows for delayed marketing. The core principle of the CCP remains: if you publicly advertise a listing, you must add it to a broad-based advertising platform like the MLS within one business day. The delayed marketing component allows for withholding the listing from internet syndication while still allowing brokers to advertise it in other ways.

MLSListings Already Has It: Members Only Show

The key reason the NAR update has little impact on MLSListings subscribers is that MLSListings already supports this optional feature through its existing Members Only system. The delayed marketing listing component is "very similar if not the same as our members only show listings".

MLSListings implemented its Clear Cooperation response via the Members Only listing types back in 2020, following a national vote by NAR in late 2019. They were an "early solution that's already in play".

Comparing Members Only Show and Delayed Marketing:

Both seem to align on key characteristics:

• MLS Inclusion: Both are required to be in the MLS. All listings entered in the MLS system, regardless of type, "are on the MLS". If you step outside your brokerage, you must add it to the MLS within one business day.
• Internet Distribution: Delayed marketing allows for withholding from internet syndication. MLSListings Members Only Show listings do not get sent to the Internet (e.g., Zillow, Redfin, Realtor.com).
• Other Advertising: Brokers can still advertise delayed marketing listings in any way they want, even while withholding from the internet. For Members Only Show, there are "no advertising or promotion restrictions" from the MLS, although the seller may want privacy.
• Availability: Members Only Show listings are only available in Matrix (datashare) and are not sent to other search apps. They can be emailed to clients, but clients cannot search for them. Members Only Show is considered an active listing.
• Showings: For Members Only Show, listings "can show and ask for offers". This is distinct from the Members Only Do Not Show category, where showings are prohibited.
• Days on Market (DOM): DOM is calculated for Members Only Show listings, but it is not displayed on the listing until it is off market (Sold, Cancelled, Expired). When a listing moves from Members Only Show to a Regular Listing, the list date is reset. This resetting helps the listing "look new to anybody that receives it" when it goes into the data feeds out to syndication. For a Regular Listing that was previously in Members Only Show, the DOM effectively starts at zero from this new, reset list date.

Why MLSListings Wasn't Impacted

Because MLSListings already had the Members Only Show system in place, complete with features like controlling internet distribution and handling DOM display, they did not need to make changes to support NAR's new optional delayed marketing rule. They were already doing it. One statement suggests that other MLSs are now "catching up" to what MLSListings already offers. MLSListings also notes that their system has additional attributes around Members Only listings that NAR did not include in their optional rules.

This prior implementation means MLSListings did not have to "scramble" or figure out how to implement a new delayed marketing property class or listing type; their existing active status already serves this purpose for Members Only listings.

Seller Choices with Members Only

The MLSListings Members Only system provides choices for sellers who may have unique demands or desire different marketing strategies.

• Members Only Do Not Show: For sellers who are NOT ready to have showings and do NOT want the property on the internet. This is typically used while the property is being prepared for market. No showings are allowed, DOM does not accrue at all, and advertising is limited to "Coming Soon".
• Members Only Show: For sellers who ARE ready to have showings but do NOT want the property on the internet & no DOM displayed. This suits a seller who is private but wants other agents to be able to bring the best buyer. Marketing is allowed, showings are allowed, but internet distribution is limited.

Days on Market (DOM) Details

It's important to understand the distinction in DOM handling between the two Members Only categories and when transitioning to a Regular Listing:

• For Members Only Do Not Show listings, DOM does not accrue at all.
• For Members Only Show listings, DOM is being calculated. However, this calculated DOM is not displayed while the listing is in this status. The DOM will only appear on the listing once it goes off market (Sold, Cancelled, or Expired) from the Show status.
• When you transition a listing from Members Only Show to a Regular Listing (Active status with internet distribution), the list date is reset. The DOM for the resulting Regular Listing effectively starts at zero from this new list date. This differs from listings entered directly as Regular Active, which follow 30-day rules for DOM resets.

In Summary

NAR's introduction of an optional delayed marketing component to its Clear Cooperation Policy is a significant change for many MLSs across the country, requiring them to implement new listing types by September 30th. However, for MLSListings subscribers, this is largely "business as usual" because the existing Members Only Show listing type already provides the same core functionality as NAR's new optional delayed marketing rule. MLSListings' long-standing implementation means its members can continue to use the tools they are familiar with, including the specific DOM handling and list date resetting when transitioning to full market exposure, to serve clients who require limited exposure or a pre-market strategy while remaining compliant with NAR's Clear Cooperation Policy.

MLSListings provides controls for throttling a listing's exposure, including hiding photos on the internet, even after a property has sold. There are resources available, such as the support center, training classes on listing management, and the compliance and customer teams, to help members navigate listing processes and utilize features like Members Only.