New Clear Cooperation Policy Flexibility: What NC Real Estate Agents Need to Know

The National Association of REALTORS® (NAR) has introduced a significant update to the Clear Cooperation Policy (CCP), offering new flexibility for sellers while maintaining core transparency standards.

Here's an overview to help NC real estate agents understand the changes, key dates, and how these updates may affect local practices.

Understanding the Clear Cooperation Policy (CCP)

Implemented on May 1, 2020, CCP mandates that broker participants submit listings to the MLS within one business day of public marketing, aiming to ensure all agents and buyers have equal access to property information.

What's New: Delayed Marketing Exempt Listings

NAR's updated policy introduces a new category called "delayed marketing exempt listings." This allows sellers to instruct their listing agent to temporarily withhold their property from being advertised through Internet Data Exchange (IDX) and syndication.

During the delayed marketing period:

• Listings are immediately available within the MLS for other participants and subscribers.

• Marketing is permitted exclusively through the listing firm.

• Listings are temporarily excluded from IDX feeds and third-party syndication.

Required Disclosures

For sellers choosing a delayed marketing strategy or an "office exclusive" listing, a signed disclosure documenting informed consent is mandatory. NAR has not provided a standardized form for this disclosure, placing the responsibility of creating one on individual firms or local MLSs. It is strongly advised that any disclosure form created independently by agents or brokerages undergo a legal review to ensure compliance with all relevant requirements.

The disclosure certification must include:

• An explanation of the professional relationship between the listing Participant and the seller.

• Seller acknowledgment and understanding of the MLS benefits they are waiving or delaying by opting for an exempt listing, particularly the broad and immediate exposure typically provided through MLS.

• Explicit confirmation of the seller’s choice that their listing will either remain completely unmarketed and undistributed publicly as an office exclusive listing or will temporarily waive immediate public marketing through IDX and syndication under the delayed marketing listing option.

Timeline and Implementation

MLS systems have until September 30, 2025, to implement the necessary adjustments for this new policy. This period allows MLSs to:

• Establish the permitted length for delayed marketing exempt periods.

• Consult with local brokers and stakeholders to ensure regional needs and market practices are appropriately reflected.

  
  

Key Points for NC Real Estate Agents:

• Immediate Effectiveness: The policy is active now, but your local MLS has until September 30, 2025, to fully implement changes.

• MLS-Specific Rules: Check with your local MLS for exact timelines and policies related to delayed marketing periods.

• Disclosure is Essential: Always secure a legally reviewed, signed disclosure from clients choosing delayed marketing or office-exclusive listing options.

Agents should proactively reach out to their local MLS to understand exactly how these changes will be executed locally, as implementation details may vary by MLS.

Stay informed to ensure compliance and to best advise your clients about the new options available for marketing their properties.