Discretion, strategy, and flexibility are vital components of how homes should be marketed. This is especially true for luxury properties. So when industry-wide policies restrict how sellers can bring their homes to the market, it raises a key question: Is this really in the client’s best interest?
Last week, the National Association of Realtors (NAR) introduced an update to its longstanding Clear Cooperation Policy (CCP). Framed as an effort to “expand choice for consumers,” the new Multiple Listing Options for Sellers Policy signals a shift. It’s one that acknowledges what many of us have experienced for years: the CCP has limited how sellers, particularly those with privacy concerns, can market their homes.
What’s Changed and What Hasn’t
NAR’s Clear Cooperation Policy requires that any property a real estate professional publicly markets must be submitted to the Multiple Listing Service (MLS) within one business day. “Public marketing” covers everything from yard signs and flyers to social media posts and digital ads.
Here’s what NAR announced last week:
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Office Exclusives can now be shared one-on-one with agents and clients across different brokerages, without violating CCP. This allows for a more tailored, discreet marketing approach.
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MLSs will now determine their own timelines for “Delayed Market Exempt Listings”—similar to a Coming Soon status. How this differs from existing MLS preview categories remains to be seen.
While these changes may seem minor on the surface, they carry meaningful implications, particularly for homes that benefit from a quieter and more strategic approach.
Why This Matters—Especially at the Higher End of the Market
Let’s be clear: not every home requires a private marketing strategy. For many properties, especially in more accessible price points, we aim to go live quickly and cast a wide net to generate maximum interest right away. In these cases, CCP hasn’t created friction for us.
But for properties where privacy, discretion, and positioning are essential—whether due to price point, the profile of the seller, or the home’s uniqueness—CCP has made it harder for sellers to choose the path that best suits their needs.
The policy was initially introduced to ensure fair access to listings across the board and to level the playing field for agents. But in doing so, it unintentionally removed critical marketing flexibility from sellers and agents who operate in highly specialized segments of the market.
Sometimes, the right buyer is found through mass exposure. Other times, the right buyer is found through carefully selected outreach and personal networks. From my years being in this business, I can tell you that buying and selling has a nuance that has been hard to preserve under current restrictions.
A Thoughtful, Flexible Strategy
Emil and I have been working within the constraints of the current policy while still finding ways to give our clients options. Utilizing Compass’s 3-Phased Marketing Strategy (introduced earlier this year) allows sellers to begin with a quieter pre-market phase and shift into full market exposure when the timing is right. We’ve felt that this approach sometimes offers more control and better alignment with a seller’s personal goals and timeline.
We don’t just list homes—we position them. We consider timing, market dynamics, buyer behavior, and the unique story of each property.
What We’re Watching in Hawaii
As of April 3rd, we have not yet received guidance from our local MLS on how these changes will be implemented in Hawaii. Our state tends to take a more conservative stance when it comes to policy shifts, so we’re watching closely for updates.
Once we receive clarity, we’ll adjust our strategies immediately. We are committed to always having the seller’s best interests in mind.
Moving Forward: It’s About YOUR Goals
Whether you want to take your time, market quietly, or launch with maximum visibility, your goals should shape your strategy. Your goals shouldn’t be dictated by blanket rules or trade association mandates.
The KE Team is here to help you navigate these evolving policies with confidence, clarity, and respect for what matters most to you.
Want to explore the best marketing strategy for your property in today’s shifting environment?
Let’s talk—on your terms.
(Kai)