Above: CRMLS CEO Art Carter
Back in 2020, the Clear Cooperation Policy (CCP)—compelling agents to submit properties to the MLS within one day of public marketing—recieved immediate pushback. But the headlines mostly centered on the reactions of ostensible outsiders, including listing startups that filed lawsuits and antitrust law enforcement that flagged the policy as potentially unlawful.
Here in 2026, industry leaders now appear hyper-focused on pre-marketing strategies and “private” listings, as every big company scrambles for exclusive partnerships or proprietary platforms. How has that shifted attitudes toward CCP, which limits (but doesn’t outright ban) pre-marketing?
A new survey by CRMLS, focused on “real world perspectives from active listing agents,” found mixed attitudes but still positive reactions on the policy, with a little over 58% of respondents expressing support compared to 29% who do not fully endorse CCP.
CRMLS CEO Art Carter, who previously detailed his belief in “mandatory submission” rules while calling CCP “flawed,” said in a statement that the survey shows that real estate practitioners “understand the value of transparency and cooperation” even as the industry’s approach to private listings evolves.
“The Clear Cooperation Policy is not a restraint on competition—it’s what enables it. It ensures listings are available to the full marketplace, creating more opportunity for buyers and better outcomes for sellers,” Carter said.
The survey only included CRMLS members who have sold at least one property this calendar year, according to a release from the MLS.
CRMLS noted that out of the 29% who were less supportive of CCP, a little over 17% said they were “not supportive at all.” That contrasts with almost 39% who said they were “extremely supportive” of the policy, which the MLS noted represents a two-to-one ratio of agents/brokers with strong feelings on the subject.
“An open marketplace benefits everyone,” Carter added. “When information is shared broadly, it strengthens competition, supports fiduciary duty, and ultimately delivers better results for consumers.”
Compass CEO Robert Reffkin, the chief proponent of private listing and pre-marketing practices, has argued the opposite—that disallowing private listings represents an abandonment of fiduciary responsibility, blaming “restrictive” MLS rules for “coercing” agents and naming CRMLS specifically as an MLS with those policies. He has called for the repeal of CCP in the past, and characterized MLSs as a “monopoly” with a vested interest in keeping listings on their platforms.
Reffkin has also claimed that most MLSs are not enforcing CCP, even as it is a mandatory policy.
In a separate spat back in October, Carter publicly called Reffkin out over comments the CEO made on a specific update to CRMLS rules, claiming Reffkin made “defamatory claim(s)” about how the MLS uses broker data.
Numbers and sentiment
Notably, back in 2024, RISMedia asked brokers if they supported repealing CCP, just as Reffkin launched a high-profile lobbying effort to change or throw out the rule. The results were similar to CRMLS’ more nuanced survey—59% said they did not want to repeal the rule, while 37% said they would support at least modifying the rule.
CRMLS said that its survey also found “nuanced perspective(s)” in the open-ended written feedback elicited by its survey.
The MLS also said that while it did not ask about private listing networks, “many” respondents also expressed concerns about off-MLS fragmentation and potential consumer impacts from these platforms. Many respondents also talked about principles of fairness, the benefits of “full market exposure” and broker cooperation.
Among those who did not support CCP, many “cited challenges with the timeline” and specifically the one-day timeframe for submission, according to CRMLS.
Reffkin has gone out of his way to applaud MLSs that allow more flexibility with their pre-market options or host their own private listing networks, which still adhere to CCP. He has even partnered with some MLSs who recently announced expansions of their platforms.
CRMLS said that while it believes “CCP establishes a baseline of fairness,” the MLS “also acknowledges(s) agent feedback and remains committed to evaluating opportunities to improve policy implementation while preserving its core principles.”
“CRMLS will continue to engage with its users to ensure its policies reflect both the realities of today’s market and the long-standing values of cooperation, transparency, and equal access,” the MLS wrote.
