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Clarifying C.A.R.’s Position on NAR’s Clear Cooperation Policy

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The debate surrounding the NATIONAL ASSOCIATION OF REALTORS®' (NAR) Clear Cooperation Policy (CCP) has sparked significant conversation within the real estate community. Clear Cooperation mandates that most listed properties be shared within a Multiple Listing Service (MLS) within one business day of being publicly marketed — a move that can foster more open, inclusive, and ethical practices in the industry, while also securing the highest possible sale price.

Though the CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.) has not taken an official position on NAR’s Clear Cooperation Policy, C.A.R. recognizes its role in upholding the principles of fair housing. Clear Cooperation is not just about process; it promotes equal access to housing opportunities for all individuals, regardless of race, color, religion, gender, familial status, disability, national origin, sex, gender identity, gender expression, sexual orientation, marital status, ancestry, source of income, age, medical condition, genetic information, citizenship, primary language, immigration status, military or veteran status, or arbitrary characteristics as protected under Unruh.

By requiring that most properties be listed on an MLS promptly, the policy minimizes the number of pocket listings — a tactic where homes are selectively marketed to a limited, private audience, often excluding entire communities. Those who aren’t in favor of CCP as a mandatory policy argue, among other reasons, that more limited marketing of properties may be appropriate for certain clients.

Clear Cooperation also supports adherence to the NAR Code of Ethics. It ensures that real estate professionals can best serve their clients by:

  • Expanding market exposure: Sharing listings with other MLS participants or subscribers allows REALTORS® to meet their fiduciary duty, promoting the best interests of their clients and attracting the broadest pool of potential buyers.
  • Enhancing cooperation: By widely disseminating property information, REALTORS® can fulfill their duty to cooperate with other brokers, ensuring smoother and more efficient transactions.
  • Providing competent service: Offering maximum exposure for a seller's property enables REALTORS® to offer the highest level of service, demonstrating competence and professionalism in their role as trusted agents and brokers.

Listing properties on the MLS can boost a seller’s bottom line. A recent analysis by Zillow, which examined home sales from 2023 and 2024, noted that homes sold off the MLS typically garnered $4,975 less than those listed on the MLS. In high-demand markets like California, this gap was even more substantial, with sellers leaving more than $30,000 on the table.

NAR’s Clear Cooperation Policy is intended to make real estate more accessible, ethical, and competitive, benefiting both the industry and the communities it serves.

C.A.R. continues to monitor the real estate landscape and will adapt to changes that are in the best interests of consumers and the industry.

March 11, 2025


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