Secret home listings are about to skyrocket

Shopping for homes online once had the feel of an open-air market: crowded and sweaty, maybe, but free for anyone to drop by and see what’s for sale. The experience these days, though, is quickly turning into that of a nightclub, with the hottest new listings sequestered behind velvet ropes. If you want to party with the cool kids — in this case, score access to homes before regular folks — you better know a guy.

The wide-open nature of the housing market has been breaking down for a while. Most real estate agents have traditionally taken a maximalist approach to marketing homes, sharing listings widely through local databases known as multiple listing services. Agents browse the MLS to get details on homes available for sale, while search portals like Zillow pull the data onto their own websites for regular home shoppers to scroll through. The thinking is simple: More eyes on a listing means more potential bidders, giving a homeowner the best chance of selling quickly and lucratively.

This model is even backstopped by the National Association of Realtors, a powerful industry group that sets the rules for most MLSes around the country. NAR instituted a rule in 2020 known as the clear cooperation policy, which says that once a real estate agent starts marketing a home publicly — on a website, through an email blast, or even with a “for sale” sign in the front yard — they must list it on the MLS within one day. The rule was meant to prevent freeloading and encourage participation in the MLS, keeping listings in one place for other agents and their clients to see.

In recent years, however, the clear cooperation rule has been challenged by some of the biggest players in the game, who want to act as the new bouncers for VIP rooms filled with exclusive home listings. In particular, Compass, the country’s largest real estate brokerage by sales volume, wants to take charge of the aforementioned velvet rope. Compass agents are increasingly hoarding their listings internally, shunning the MLS and making homes available only to buyers who work with other Compass agents. The company’s founder and CEO, Robert Reffkin, has also been crusading against the clear cooperation policy. Reffkin argues that sellers should reject the one-size-fits-all approach of the MLS and exert more control over how their home is marketed. His campaign has stoked fierce infighting among real estate agents and raised a fundamental question: Who should be able to see the homes for sale in the US?

For now, the fight is ongoing. After months of debate, NAR said Tuesday it would leave the clear cooperation policy intact while adding another rule that functions as a small concession to Compass. The apparent attempt at compromise will probably end up pleasing no one. But while clear cooperation remains in place for now, the housing market continues to hurtle toward a decidedly uncooperative future.

Those in favor of clear cooperation argue the rule is responsible for America’s uniquely transparent housing market — the reason you can hop on Zillow or Realtor.com and get the lay of the land. The policy was supposed to stem the rise of so-called “pocket listings,” homes marketed for sale but unavailable on the MLS. If agents stop contributing listings to the shared databases, many in the industry warn, a once unified housing market could break up into silos, with home listings distributed among clubby groups of brokers known as “private listing networks” or gatekept within brokerages like Compass.

Everybody benefits when we all pool our listings, and we do so in a timely manner. And people are hurt, potentially, when we don’t do that.

In this world, some agents will have access to a lot more properties than others. Pick the wrong rep, and you could unknowingly miss out on your dream home. And while there are good reasons someone might not want their house touted on the MLS — a celebrity like Brad Pitt, for instance, probably doesn’t want their business aired out for everyone to see — conventional wisdom says sharing a home widely is the best way to get top dollar.

“Everybody benefits when we all pool our listings, and we do so in a timely manner,” Saul Klein, a longtime real estate executive who’s the CEO of the San Diego Multiple Listing Service, previously told me. “And people are hurt, potentially, when we don’t do that.”

But it’s become increasingly clear that the advocates for the open system are losing. Yes, NAR kept the clear cooperation rule in place, but it also introduced an option for privacy-conscious sellers to list on the MLS while delaying their listings from popping up on sites like Zillow or the landing pages for other brokerages. The idea is to give sellers more flexibility to market their homes as they see fit, catering to those who may prefer to “premarket” their home before blasting it out widely. The move doesn’t go nearly as far as Compass would have liked, but the company still frames this as a validation of its rallying cry for more seller choice.

“With NAR introducing a new MLS policy to ‘expand choice for consumers,’ they acknowledged the clear cooperation policy restricted home seller choice,” Reffkin said in a statement. “Expanding choice means that NAR is still not letting homeowners choose precisely how to market their homes, but this is a small step in the right direction.”

Compass may not be totally happy with NAR’s most recent decision, but the company has already succeeded in shaking up the real estate landscape. The brokerage has made plenty of hay by exploiting a glaring loophole in the clear cooperation rules. While an agent has to add the listing to the MLS database once they publicly put the home up for sale, the rule allows agents to share new properties within their brokerages without adding them to the MLS. This method, which Compass dubbed the “Private Exclusive” route, essentially creates a walled garden with homes that can’t be found anywhere else. Compass drives traffic to its website, collects a commission from both sides of the deal, and can lure both agents and clients by offering access to its inventory. Private exclusives have become a key strategy for the brokerage giant: Reffkin told analysts in February that 35% of the company’s active listings nationwide were only available by working with a Compass agent or visiting Compass.com.

This isn’t just some self-serving maneuver, either, Compass execs argue. They say sellers benefit from spurning the MLS and marketing their homes within the safe confines of the Compass network. The MLS and search portals like Zillow show how long a house has been on the market and whether the price has been slashed, data points that buyers can use to put pressure on homeowners in negotiations. The Compass website doesn’t show price cuts or days on the market, theoretically allowing a seller to test their ideal price without any repercussions if they have to backtrack. And if they don’t sell that way, they can always turn to the MLS and go the conventional route for maximum exposure. Compass likens this strategy to beta testing a product with a smaller audience before launch.

“We firmly believe that homeowners should have full control and flexibility in choosing how they market their home, period, full stop,” Ashton Alexander, the head of strategy at Compass, tells me.

Brian Boero, the CEO of 1000Watt, a brand and marketing agency for real estate companies, doesn’t buy it. Compass, he says, is really after control. Under the existing rule, the company may be free to pursue its “Private Exclusives” strategy, but it can’t, for instance, publicly market a home on its website without also contributing to the MLS.

“They want to make Compass.com a destination where they control the inventory publicly, and they want to have free rein to continue to expand their private listings program,” Boero tells me. “So they didn’t get what they wanted.”

Everybody loses here, in a way. Nobody’s happy.

Compass is far from the only large brokerage to employ this kind of strategy — Coldwell Banker, for instance, has “Exclusive Look,” Howard Hanna has “Find It First,” and one large Keller Williams franchise, KW Go, has dubbed its offering “Private Collection.” More companies have threatened to follow the lead and keep listings off the MLS if it helps them compete for agents and clients. The clear cooperation policy has always been tough to enforce, too, with the onus placed on local MLSes to keep agents in line. Some MLSes, fearing litigation, have already backed off enforcement, tacitly allowing agents to market homes however they like. This could enable private listing networks — groups of typically high-achieving agents from different brokerages who share off-MLS listings among each other — to flourish.

NAR’s decision to keep clear cooperation is a small victory for those who favor the status quo, but it will hardly end the practices fracturing the housing market. Compass hasn’t ruled out the possibility of litigation over the rule, either. For now, the real estate industry is stuck in a sort of limbo. No one doubts that secret listings will continue to rise, but the fight over the clear cooperation policy isn’t going anywhere.

“Everybody loses here, in a way,” Boero tells me. “Nobody’s happy.”

James Rodriguez is a senior reporter on Business Insider’s Discourse team.