Park City realtors challenge NAR’s listing rules: A decision that could ripple across the real estate industry

Photo: Summit Sotheby’s International Realty

PARK CITY, Utah — The Park City Board of Realtors has announced it will no longer adhere to the National Association of Realtors (NAR) Clear Cooperation Policy (CCP). The rule requires agents to list properties on the MLS within one business day of public marketing.

The Park City Board of Realtors’ decision, reported by Inman, reflects growing discontent among luxury market agents and concerns about potential litigation. CEO Jamie Johnson of the Park City Board of Realtors informed NAR that her association would pause CCP enforcement while the policy is under review.

NAR’s CCP has drawn both support and opposition, sparking industry-wide discussions. Luxury brokerages have been among the most vocal opponents, citing concerns that the policy restricts private sales. Park City’s luxury market, with median sale prices of $1.7 million and single-family homes averaging nearly $4 million, often favors discreet transactions. This policy has created tension among agents serving high-net-worth clients who prefer private listings.

A local viewpoint: Thomas Wright, CEO and principal broker at Summit Sotheby’s International Realty in Park City, told Inman his brokerage was not involved in PCBR’s decision but agreed the CCP needs to be changed or repealed because it goes against his firm’s desire to put consumers first.

“The National Association of Realtors has made self-interested decisions that ignore many consumer wishes and thereby put brokerages in the position of ‘having to follow the rules’ or be at odds with ‘board rules’ when fulfilling the wishes of our clients,” Wright told Inman via email.

Wright also thinks making the rule a requirement was typical of NAR, which he said creates a “one-size-fits-all” policy for the industry instead of empowering brokerages to provide clients with their individual needs and wishes.

“The rule empowered local boards’ apparent goal of ‘leveling the playing field’ for ineffective brokerages while ignoring consumer voices that did not want their property information published on thousands of websites, including the fragmented, inconsistent web of multiple listing services scattered across markets.”

According to Wright, the Park City Board’s decision not to enforce the rule is welcome and supported by Summit Sotheby’s International Realty, but it highlights a bigger issue in Park City and the industry as a whole.

“Namely that boards and associations over recent years have often been making policies based upon their own self-interest and preservation, dictating the rules for the real estate industry, instead of allowing consumer choice in the open, free market,” Wright said.

Julie Snyder of Inhabit Park City said the recent NAR settlement seems to have given local associations, such as PCMLS, the opportunity to reassess what works best for their specific markets.

“I see this as a chance to explore more tailored solutions. Personally, I have several clients who would consider selling their properties as pocket listings, but the Clear Cooperation Policy (CCP) has made this difficult. For instance, I have a client who is open to selling but needs to find a replacement home first. They’re hesitant to have their home sit on the market for too long or risk selling too quickly and being left without a place to live. A pocket listing would be ideal in this scenario, but the CCP limits my ability to market the property effectively,” Snyder said.

Compass CEO Robert Reffkin and The Agency’s Mauricio Umansky are leading efforts to overturn the policy. Umansky, co-founder of the American Real Estate Association, is pushing agents to sign a petition against CCP.

The flip side: Some industry leaders are standing by the policy. Zillow President Susan Daimler criticized opponents, arguing that private listing networks hurt consumers. “It’s pretty hard to be pro-PLN and pro-consumer,” Daimler said. “Our MLS policy process is designed to weigh the varied perspectives of stakeholders and ensure an outcome in the best interest of our members and consumers,” NAR said in a statement.

What’s next: NAR’s MLS Technology and Emerging Issues Advisory Board is set to reconvene in late October to discuss CCP amid increasing pressure from both sides. Though this shift comes from a smaller, affluent market, it could set a precedent for other local real estate boards to resist NAR’s policies, further fueling industry debates over the controversial rule.