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Major residential brokerage Compass is directing its agents nationwide to ignore the National Association of Realtors’ Clear Cooperation Policy. But will it change anything in Massachusetts?
The NAR policy makes agents submit their listings to the local MLS within one business day of marketing a property to the public, which typically includes things like posting it to social media.
In an email to MLS and National Association of Realtors leaders, first reported by Real Estate News, Compass CEO Robert Reffkin reiterated that the company is against the policy and furthermore, will not be requiring its agents to follow the policy.
“Compass does not consider the Clear Cooperation Policy or any national NAR MLS rule impacting clients as binding and, accordingly, has not and will not adhere to CCP or any national NAR MLS rule impacting clients as a matter of course,” Reffkin wrote July 1. “Instead, Compass will continue to determine on a market-by-market basis whether to require its listing brokers to submit listings on a multiple listing service within any specific timeframe. These decisions are made based solely on Compass’s own business interests, independent of NAR and any other brokerage.”
But at least for the biggest MLS in the state, this won’t be an issue. MLS PIN, the main multiple listings service for Massachusetts outside of the Berkshires, the Cape and the Islands, doesn’t require agents to submit every listing.
“At MLS PIN, we believe in consumer choice and have adopted policies that reflect this core principle,” the company said in a statement. “If a seller chooses to keep a listing off our MLS system, Pinergy, the listing agent must submit a Non-MLS form, in which the seller agrees to withhold the listing from our platform until they are ready to list it with MLS PIN. Once the seller signs this form, they are in compliance with our rules. This approach gives sellers flexibility to pursue various marketing strategies in collaboration with their agent.”
That still leaves FLexMLS and CCIMLS, owned by NAR via the Berkshire Association of Realtors and the Cape Cod & Islands Association of Realtors, respectively, as potential flashpoints between Compass and NAR. MLS PIN is independently owned and covers all of Massachusetts and Rhode Island, and much of New Hampshire.
The fight over Clear Cooperation has pit Compass and its off-market home-marketing strategy aimed at keeping its listings from appearing stale and giving higher-end sellers more privacy, against critics who say so-called “pocket listings” are unfair to other real estate agents. Critics also claim the practice could lead to discrimination against some buyers. Compass has also argued the policy could be an violation of federal antitrust laws.
Compass met with NAR in May 2024, committing to not following the policy, and in September 2024, the company formally proposed to NAR’s Emerging Issues Committee that the rule be removed entirely.
The brokerage then announced Friday afternoon that it would make its listings available to any MLS or brokerage on the condition that they weren’t changed or monetized, and that its agents won’t be fined or banned for sharing the listings.
“There are narratives circulating that make false accusations,” a Compass spokesperson said in a statement to Inman. “By showing that we will make our exclusive inventory available to anyone who agrees not to alter or monetize the listing and keep the listing agent front and center, we reinforce what we have said all along: At Compass, we co-broke with everyone.”
Editor’s Note: This story has been updated to include information about Compass’ offer to share its listings.
