Photo: Sotheby’s International Realty

PARK CITY, Utah — The Park City Board of Realtors has announced that 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 decision by the Park City Board of Realtors, reported by Inman, reflects growing discontent among agents in the luxury market and concerns about potential litigation. CEO Jamie Johnson of the Park City Board of Realtors informed NAR that his association would suspend enforcement of the PCC while the policy was under review.

NAR’s PCC has generated 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 sales prices of $1.7 million and single-family homes averaging around $4 million, often favors low-key transactions. This policy has created tensions among agents serving wealthy clients who prefer private listings.

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A local perspective: Thomas Wright, CEO and principal broker of Summit Sotheby’s International Realty in Park City, told Inman that his brokerage was not involved in the PCBR’s decision, but agreed that the CCP should be amended or repealed because it would going against his company’s desire to put consumers first.

“The National Association of Realtors has made self-serving decisions that ignore many consumer wishes and thus place brokerages in the position of ‘having to follow the rules’ or being at odds with ‘board rules’ when they respond to what our customers want,” Wright told Inman via email.

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

“The rule reinforced local boards’ apparent goal of ‘leveling the playing field’ for inefficient brokerages while ignoring the voices of consumers who did not want their property information published on thousands of websites, including the fragmented and inconsistent network 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 larger problem in Park City and the industry as a whole .

“In recent years, boards and associations have often made policies based on self-interest and self-preservation, dictating the rules of the real estate industry, instead of allowing consumers to choose in an open and free market,” Wright said.

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

“I see this as an opportunity 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 example, I have a client who is open to selling but needs to find a replacement home first. They are hesitant to leave their house on the market for too long, at the risk of selling it too quickly and finding themselves without a home. A pocket listing would be ideal in this scenario, but PCC limits my ability to effectively market the property,” Snyder said.

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

The other side of the coin: Some industry executives maintain this policy. Zillow President Susan Daimler criticized opponents, arguing that private listing networks harm consumers. “It is quite difficult 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: The NAR’s MLS Technology and Emerging Issues Advisory Council is expected to meet again in late October to discuss the PCC, amid growing pressure from both sides. Although this change comes from a smaller, wealthier market, it could set a precedent for other local real estate boards to resist NAR policies, further fueling industry debates over the controversial rule.

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