The American Real Estate Association, its members, other real estate professionals, and homeowners across the country, demand that the National Association of Realtors (NAR) repeal its Clear Cooperation Policy immediately.

Enacted under the guise of increasing transparency, the Clear Cooperation Policy has placed severe restrictions on both homeowners' consumer choice and the ethical obligations of real estate professionals. Under this policy, real estate professionals are forced to submit listings to the Multiple Listing Service (MLS) within one business day of public marketing, regardless of their clients' wishes. This one-size-fits-all mandate violates the fiduciary duty agents have to their clients, forcing them to disclose information that may not be in the homeowner's best interest.

Prior to its enactment, agents could publicly market properties based on the specific needs of their clients without fear of violating NAR rules. Clear Cooperation strips away that flexibility, pressuring agents to choose between NAR’s policies and their obligation to safeguard client confidentiality and trust.

Prohibitions on Homeowner Marketing and Showings 

Under the Clear Cooperation Policy, homeowners are prohibited from publicly marketing or posting about their own properties unless the listing is on the MLS. This overreach by NAR strips away homeowners’ control over how and when to promote their properties, severely limiting their ability to attract offers that may be more aligned with their privacy needs or financial goals.

Additionally, the policy’s restriction on showings for off-market properties has a far greater impact than mere confidentiality concerns. Sellers are prevented from showing their homes privately or entertaining offers before listing them on the MLS, forcing them to follow a rigid timeline that may not suit their personal or market-driven needs.

This Policy Creates Significant Ethical Dilemmas

- Breach of Fiduciary Duty: Agents are forced to push clients into listing properties on the MLS, even when clients prefer a private sale or believe off-MLS marketing will yield better results.

- Fines for Serving Clients: Agents face penalties of up to $5,000 simply for following the wishes of the homeowners they are sworn to serve.

- Erosion of Client Confidentiality: Clear Cooperation undermines an agent’s responsibility to protect sensitive client information, as dictated by state law and the Realtor Code of Ethics.

Benefiting Everyone but the Client  

While the policy is positioned as a means to preserve "data integrity," its true purpose appears to benefit entities other than the client. The NAR and MLS's stand to gain from having access to more data on market transactions, as do data partners. Meanwhile, sellers are put at the bottom of the priority list, constrained by rules that primarily serve against their interests. 

While transparency is a laudable goal, it must not come at the expense of clients' privacy, freedom of choice, and the ethical standards that guide our profession. Clear Cooperation limits agents’ ability to provide personalized, high-quality service tailored to our clients' unique needs.

We believe There is a Better Way 

By eliminating Clear Cooperation, NAR can uphold the core values of our profession while still ensuring transparency through clear, client-consented disclosures.

It's time to take a stand for the rights of homeowners and the integrity of our industry. We call on the NAR to end the Clear Cooperation Policy and restore the flexibility necessary to meet the diverse needs of our clients while maintaining the highest ethical standards.

Sign this petition to protect homeowner choice, client confidentiality, and the ethical foundation of the real estate industry.