Compass has drawn a clear line in the sand. The nation’s largest independent brokerage has formally rejected the National Association of Realtors’ Clear Cooperation Policy, notifying local MLS operators and NAR leadership that it no longer considers the rule, or any national NAR-imposed MLS mandates that directly affect clients, as binding.
The move, years in the making, is both symbolic and strategic. Compass isn’t just distancing itself from a controversial rule. It’s openly challenging one of the bedrock policies of modern residential real estate.
What is the CCP?
The Clear Cooperation Policy, adopted by NAR in 2019, requires listing brokers to submit a property to their local MLS within one business day of publicly marketing it. Designed to curb the rise of off-market or “pocket” listings, the policy aimed to ensure that all agents and buyers had equal access to inventory.
In theory, it promoted transparency. In practice, critics argued, it tied the hands of sellers, especially in ultra-competitive and luxury markets where discretion and strategy often carry more value than visibility.
Compass goes on offense
Compass has long bristled at the CCP, calling it anti-competitive and out of sync with how consumers want to sell homes today. Now it’s doing more than just criticizing. In a statement to The Real Deal, company leadership said national MLS rules like the CCP shouldn’t override a brokerage’s responsibility to prioritize client interests. Compass’ legal team reportedly determined that strict compliance with the policy could actually harm some sellers, particularly those looking to control the timing, exposure and audience of their listing.
The brokerage’s defiance puts pressure not only on NAR but on local MLS boards tasked with enforcing the policy. With more than 28,000 agents nationwide and market dominance in major metros like New York, Los Angeles and San Francisco, Compass’ size makes this more than a symbolic gesture, it’s a serious threat to the policy’s enforceability.
The fallout and what comes next
The announcement lands during a turbulent moment for the real estate industry. NAR is already under intense scrutiny from a wave of antitrust lawsuits that have challenged long-standing commission structures and cooperative compensation norms. Brokerages nationwide are rethinking their roles, responsibilities and affiliations as legal pressure mounts.
Compass’ move could open the floodgates for other firms. Industry insiders say growing numbers of agents and brokers view the CCP as outdated, particularly in a digital marketing environment where listing exposure is no longer dictated by MLS access alone.
What remains to be seen is how MLS organizations and NAR will respond. Will local boards attempt to fine or sanction Compass agents for noncompliance? Could this spark legal battles over the authority of national MLS rules? Or will other large firms follow suit, forcing a wider rethinking of the CCP itself?
For now, Compass agents may gain new freedom to tailor marketing strategies around client needs, but they’ll also be navigating a regulatory gray zone. The brokerage may have fired the first shot, but the battle over control of listing practices is far from over.
