Seller Beware: The NEW National Association of Realtors (NAR) Clear Cooperation Policy Poses Risks to Maximum Exposure! The National Association of Realtors (NAR) has introduced the CCP (Clear Cooperation Policy also known as CLDAR (Clear Cooperation Listing and Delayed Advertising Rules), which includes new listing options for Sellers. While these options may offer flexibility, Sellers must carefully consider the consequences of limiting their property’s exposure through the MLS (Multiple Listing Service). These choices could harm Sellers’ ability to achieve the highest and best offer for their property, potentially leaving money on the table.

What Does This Policy Mean for Sellers?

The policy provides Sellers with options to restrict public marketing of their property. While this may align with certain Seller preferences, the reduced exposure to competing buyers could have serious implications for Sellers’ financial outcomes.

Sellers should be aware of two key options introduced in this policy:

1. Office Exclusive Listings
   1. These listings are not disseminated through the MLS and are kept within the listing brokerage’s network.
   1. While filed with the MLS, they are not shared with other agents or subscribers, thus significantly limiting exposure to potential buyers.
2. Delayed Marketing Listings
   1. These listings delay public marketing via IDX (Internet Data Exchange) and syndication for a defined period, as determined by the Seller and listing agent.
   1. During this time, the property may only be marketed internally by the listing brokerage.

By choosing these options, sellers are effectively opting out of the broad reach and competitive advantages that the MLS provides. Here are the key risks:

• Reduced Buyer Pool: MLS exposure typically brings a property to the attention of all member agents and their buyers, maximizing visibility. By restricting marketing, Sellers may miss out on attracting multiple Buyers, which could drive up offers.
• Loss of Competitive Bidding: Broad exposure through the MLS fosters competition among Buyers, increasing the likelihood of higher and better offers. Without this, Sellers may face limited interest and lower offers.
• Potential Conflicts of Interest: Critics argue that these policies could prioritize the listing brokerage’s financial interests over the Seller’s. Brokers and agents may be perceived as seeking to line their own pockets rather than securing the best deal for the Seller.

Legal and Fiduciary Concerns

Sellers should be cautious about the legal implications of these options as the NEW National Association of Realtors (NAR) Clear Cooperation Policy Poses Risks to Maximum Exposure! If Sellers feel they were inadequately informed about the risks or benefits of these listing choices, they may pursue legal action against their agent or broker. Possible issues include:

• Breach of Fiduciary Duty: Real estate professionals have a fiduciary duty to act in the best interests of their clients. Sellers may argue that limiting exposure violates this duty.
• Inadequate Disclosure: Clear, thorough disclosures are required to ensure sellers understand the impact of limiting MLS marketing. Failure to provide these could lead to lawsuits.

Steps Sellers Should Take to Protect Themselves

If you’re a Seller considering Office Exclusive or Delayed Marketing options, take the following precautions:

1. Ask Questions: Understand the advantages and disadvantages of these options. Demand clear explanations from your agent or broker.
2. Demand Transparency: Request all relevant disclosures and certifications to ensure you’re fully informed.
3. Seek Competitive Advantage: Challenge your agent to explain how these options align with your goal of achieving the highest and best offer.
4. Consider Broad Exposure: Remember that maximum visibility often leads to the best financial outcomes.

Maximize Savings and Exposure with Ohio Broker Direct

For Sellers seeking a cost-effective alternative without sacrificing market visibility, Ohio Broker Direct offers flat-fee listing options designed to save thousands of dollars in commissions. Unlike restricted or limited marketing strategies, Ohio Broker Direct ensures maximum property exposure to agents and Buyers alike, leveraging the full power of the MLS. By choosing a flat-fee approach, Sellers retain control and enjoy professional representation while benefiting from unrestricted access to potential Buyers and competitive offers. This is the smart, transparent choice for Sellers prioritizing value and results.

Key Dates for Policy Implementation

The CCP CLDAR Cooperation Policy takes effect on March 25, 2025, with mandatory adoption by local MLSs by September 30, 2025. Sellers should pay close attention to how their local MLS implements these changes and engage in informed discussions with their agent or broker.

Final Warning for Sellers

While flexibility in listing options may seem advantageous, Sellers should carefully evaluate the implications of the NEW National Association of Realtors (NAR) Clear Cooperation Policy. This policy introduces potential risks to achieving maximum exposure for your property. By limiting the reach of your listing, NAR’s Clear Cooperation Policy could jeopardize your financial interests and possibly lead to legal complications if not managed prudently. To safeguard your interests, prioritize staying well-informed, asking critical questions, and ensuring your property’s exposure is maximized.