Comprehending the Delayed Marketing Exempt Listings policy of Clear Cooperation

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Here we go again.

Just when you thought things might settle down after all the chaos around commissions, lawsuits and Clear Cooperation Policy (CCP) debates, the National Association of Realtors has decided to “clarify” things … by making them more complicated.

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Let’s be honest — was anyone even asking for this?

It feels like NAR leadership sat down in a room to evaluate CCP — maybe even consider repealing or refining it — and instead of fixing a policy that’s been under fire since Day One, they walked out with a completely new one — a policy that no one asked for that solves a problem no one said existed.

Why?

Why in heaven’s name does leadership feel compelled to create new policies that only serve to confuse members, complicate listing conversations, take the joy out of the profession and (let’s be real) give attorneys more ammo for lawsuits?

READ: NAR OPTS TO UPHOLD CLEAR COOPERATION

But enough about NAR and its uncanny ability to confuse things; this article is about you, the agent sitting across from a seller at the kitchen table, trying to get hired to market their home.

So let’s break down what this new policy really means, when (and whether) you should use it, and how to talk about it in a way that won’t make your seller’s eyes glaze over — or worse, cause them to back away from listing with you altogether.

What this new policy actually means (in plain English)

Here’s the short version you can share with sellers:

“This new policy allows us to put your home into the MLS, but delay when it gets shown on public websites like Zillow, Realtor.com, Homes.com and other brokerages.”

That’s it. The listing still must go into the MLS. Other agents can still see it. They can still show it. The seller just gets to delay public visibility, and your local MLS determines for how long (yay, more inconsistency).

So, no — it’s not a true privacy option. It doesn’t give your seller full control over showings or agent cooperation. It just temporarily delays how soon the listing hits public-facing websites, which, let’s be honest, isn’t exactly groundbreaking.

Why this is a headache for agents

Real talk: This new policy is not going to help you get more listings — and it still doesn’t return true control to the seller. In fact, if not handled carefully, it might cost you the listing. Why?

• You now have to explain IDX, syndication, public websites and “delayed exposure” to a homeowner who just wants their house sold.
• You’ll need to introduce yet another policy for them to sign, documenting their “informed consent.”
• Most sellers don’t need or want this — and if you bring it up too soon, it might confuse or scare them off.

When you should bring it up

Here’s the simple advice: First, do whatever your broker tells you to do. That is the No. 1 rule you must adhere to.

Second, don’t bring this new policy up unless it’s relevant. This should not be part of your default listing presentation.

Only introduce it when:

• The seller expresses a clear concern about privacy.
• You ask, “Do you have any concerns around privacy or how your sale is marketed to the public?” and they say “Yes.”

In other words, use this as an objection handler, not a standard part of your normal listing conversation.

Here’s how to explain it (without losing the listing)

If the homeowner says they don’t want neighbors to know or they’re not comfortable with the home being “all over the internet,” try this:

“There’s a new MLS option that allows us to list your home but delay when it shows up on public websites like Zillow, Homes.com, Realtor.com or other brokerages. Other agents will still see it and be able to show it — it’s just not immediately pushed to the internet.

This might work if you’re looking for more privacy or want to ease into the market. That said, homes usually sell faster and for more money when they’re fully exposed, so I’ll walk you through both options and help you decide what feels right for you.”

Then stop talking. Let the seller respond. This keeps you in control while respecting their concerns.

Visual breakdown: Homeowners’ listing options

To help you present this more clearly, here’s a simple chart outlining the key differences between the two listing types under the current MLS rules:

Use this chart only when needed — no need to drag it into every conversation unless the seller’s concerns make it relevant.

Final thoughts for agents

Listen — I feel your pain. This is yet another example of NAR creating more work, more confusion and more risk for the very professionals they’re supposed to support.

It’s frustrating. It’s exhausting. And it’s not helping you win more business or better serve your clients.

Eventually, we’ll get better leadership — maybe that’s you. Someone who will strip away the unnecessary bureaucracy, cut through the legal noise and stop handing trial attorneys more reasons to take shots at our profession.

Until then? Don’t lead with this new policy. Don’t confuse sellers. Don’t create unnecessary complexity where it doesn’t belong.

Ask great questions. Listen. Offer it only when it makes sense — and always tie it back to what’s best for the client, not what the policy “allows.”