Enjoy Realty Update - Words Never Before Written (by Crip)

Hope you're all well heading into the Memorial Day weekend. A special welcome to the new subscribers, and to those who've been reading my real estate rants since 2005, you're about to see something I’ve never said before:

I agree with Zillow.

Specifically, I agree with Zillow’s stance on the National Association of REALTORS®’ Clear Cooperation Policy (CCP). Let me break it all down and explain how it could affect you, especially if you’re buying or selling a home.

Clear Cooperation Policy...what you talkin' bout?
​Implemented in 2020, the CCP aimed to curb “pocket listings”, or rather, properties marketed privately without being listed on the MLS. These listings might be shared informally (e.g. "Hey, keep your eyes loosely peeled for a buyer k thx") or formally with a signed listing agreement (sign in yard, maybe a few texts sent out), but without appearing on the MLS or syndicated platforms like Zillow. In the worst offenses, this was sometimes without the seller’s knowledge.

Why does that matter?
Without MLS exposure, sellers miss out on competition, which is the obvious key to better offers. A simple sign in the yard means any exposure is directed to the listing agent, who might double-side the deal to their own benefit. More exposure = more offers = better terms. Simple equation, right?

So, the CCP mandated that once a listing is publicly marketed (a sign, a flyer, a social post, etc.), it must be on the MLS within one business day, unless the seller formally opts out of this requirement in writing. 
The goal was cooperation among brokerages (as the name suggests) and maximum exposure for both buyers and sellers. Sounds like a win-win, right?

Not Everyone Thinks So
Some brokerages, particularly in states like Texas where public records are sealed, have long pushed back on CCP. Now, NAR is expanding the CCP under the banner of “Seller Choice.” The new options include:

• Delayed marketing with seller’s informed consent
  
  
• Limited visibility (i.e., not syndicated outside the MLS)
  
  
• Broker-to-broker sharing within the same firm
  
  

That last one is the kicker. It allows large brokerages to share listings internally, keeping deals “in-house” without triggering CCP rules. Supporters call it an expansion of seller options. Critics, like yours truly, call it an expansion of big brokerages’ bank accounts.

Real World Example
We have five agents at Enjoy Realty. If one of them lands a spectacular cream puff of a listing, should it be shown only to our internal team and their clients? Probably not, as most sellers wisely want the widest exposure possible.
This policy change has some of my more paranoid colleagues concerned that consumers will start to feel they must work with big brokerages to access more listings or buyers. That’s not a future anyone should be excited about.

So Why Do I Have an Armistice with Zillow?
In April, Zillow announced it will not allow listings on its platform unless they’re publicly shared via the MLS. That’s a bold move, especially given how much money some brokerages pay for visibility and leads on Zillow.
Whatever their intention, Zillow appears to be prioritizing transparency over profit with their stance, at least publicly. And for that, I must give them (it?) credit.
​
Our Policy
In nearly 20 years, I’ve never had a seller ask to keep a listing “in-house” and I doubt it's going to happen in the future unless we come up with some slick scenario that espouses the virtues and benefits of doing so. What that could possibly be, I've no idea. So unless specifically instructed by a seller otherwise, we will continue listing all properties on the MLS systems of Northern Colorado (IRES) and the Denver Metro MLS (reColorado) while simultaneously syndicating them nationally. 

Privacy concerns can always be handled through existing tools and forms, so there’s zero need to widely sacrifice consumer choice to address a minute percentage of very select circumstances. I've yet to hear a compelling argument FOR these changes to the CCP. It should be noted that the policy expansions were adopted in March by NAR, and all MLSs have until September to implement the changes. IRES has yet to make any changes until their users have chimed in, which I also applaud.

My apologies as I intended to include a market wrap-up and numbers, but this is long enough. If you're a housing stats nerd, check out our STATS PAGE or simply holler if you want deeper insights for a specific segment.

As always, we welcome your thoughts and we’re always here to help with any of your real estate needs!
Cheers,
Crip

Recently, Crip and Deb proudly took part in FCBR's annual Bowlathon fundraiser, which raised over $15,000 for local REALTOR® Gary Murphy who is battling HCM. Team Indies may not have won the bowling battle, but in their defense they didn't exactly try to do anything but have fun while perfecting the art of rolling while eating. 



​
(Previously published 5-23-2025)