What do sellers need to know in Maryland and West Virginia?
Understanding the Policy, the Legal Challenges, and What It Means for Agents and Sellers
Keywords: NAR Clear Cooperation Policy, MLS rules, real estate lawsuits, pocket listings, Top Agent Network, private listings, antitrust in real estate, real estate policy changes
What Is the Clear Cooperation Policy?
In 2020, the National Association of Realtors (NAR) introduced the Clear Cooperation Policy — a rule that shook up how real estate agents market listings. The policy requires that if a property is publicly marketed (via a sign, social media, email blast, website, etc.), it must be listed on the MLS within one business day.
The intention behind the rule was to promote fairness and transparency across the real estate industry by preventing “pocket listings” — off-market listings that are shared only with select agents or buyer groups. By forcing listings into the MLS quickly, the idea was to level the playing field for buyers and increase access to inventory.
The Lawsuits Challenging It
Not everyone agreed with this approach. Two companies — Top Agent Network (TAN) and ThePLS.com — filed lawsuits claiming that the Clear Cooperation Policy violates antitrust laws and limits consumer choice. These platforms cater to top-performing agents and private buyer networks, offering ways to market listings discreetly or exclusively before they hit the open market.
Both lawsuits were initially dismissed, but in 2023, federal appeals courts revived them, allowing them to proceed. The plaintiffs argue that NAR and affiliated MLSs have created an unfair system that limits competition and essentially forces agents and sellers into the MLS system, whether they want it or not.
What Could This Mean for Home Sellers, Buyers, & Real Estate Agents?
If the lawsuits succeed, the implications could be huge.
- Private listing networks could regain traction, giving agents and sellers more flexibility — especially in luxury, celebrity, or high-privacy sales.
- The power of the MLS as the default marketplace could decline.
- Agents may be able to customize marketing strategies based on client needs instead of rigid policy.
But if NAR prevails, the Clear Cooperation Policy will stand, reinforcing the MLS as the primary platform for listing exposure and market data sharing.
For now, the policy is still in effect. Real estate professionals must continue to comply with local MLS rules, but savvy agents are watching this closely and planning ahead.
What Should Agents & Sellers Do Right Now?
Here are three smart moves to make as the legal dust settles:
- Stay compliant — Clear Cooperation is still enforceable in most MLSs. Don’t risk fines or disciplinary action.
- Watch how luxury and top-producing agents adapt — they’re often the first to shift strategies when policies change.
- Keep clients informed — especially high-net-worth sellers who may value discretion or flexibility.
This legal battle is part of a larger shake-up in real estate, alongside lawsuits challenging traditional commission structures and increasing scrutiny from the DOJ.
Final Thoughts
The Clear Cooperation Policy lawsuits are about more than just MLS timing rules — they’re a challenge to how real estate is structured in the U.S. The outcome could redefine what it means to market a listing, how buyers find homes, and where agents provide value.
Smart agents will stay informed, remain compliant, and be ready to adapt when the time comes.