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25

If you're thinking about selling your home, searching for a new one, or working as a real estate agent, it's important to understand your options when it comes to listings. Most homes today are listed on the Multiple Listing Service (MLS) — a central database used by real estate professionals to list properties for sale. The MLS is also the source that powers popular home search sites like Zillow, Redfin, Trulia, Realtor.com, and others. Here in the Chicagoland area, there is also a Private Listing Network (PLN), which is a subset of the MLS where listings can be shared among agents before becoming publicly available. You may have also heard about a third option — "pocket listings" or "office exclusives." These are real estate listings that are exclusive to a particular real estate brokerage's private website — that means they're not shared with the public nor any agents outside the listing brokerage. 

So why would a seller choose to keep their home off the MLS? While it may seem counterintuitive, some sellers are drawn to the privacy or exclusivity of these off-market options. But before going that route, it's important to fully understand why a brokerage would market this service, the risks involved, and to ensure any strategy you pursue follows NAR's Clear Cooperation Policy to avoid potential violations.

In this article, we'll explain more about the MLS, office exclusivity, and why Baird & Warner supports Clear Cooperation as part of our commitment to transparency, consumer protection, and doing the right thing. 

What is Clear Cooperation?

Clear Cooperation is the National Association of Realtors® (NAR) policy followed by most Multiple Listing Services (MLS) in the country, which requires any listing that is publicly marketed to be entered into the MLS within a fixed period, usually 24 to 48 hours.

The name Clear Cooperation says it all — it is about transparency, collaboration, consumer focus, and doing the right thing. These are all core values that we strongly believe at Baird & Warner. 

Should you list your home on the MLS?

As a seller, you always have the right to limit the marketing of your property, including choosing not to list on the MLS. Historically, this tactic has been used by a very small percentage of sellers, typically prominent public figures who wish to keep their address private. If privacy is a concern when marketing a home, you should consider using the PLN.

When considering limiting the public marketing of a listing, there are other things to consider. You'll need to provide a signed certification from the seller affirming their choice to keep the listing off the MLS, and ensure your approach stays compliant with Clear Cooperation.

What is the Private Listing Network?

While most of the homes on the MLS are public-facing and are syndicated to real estate websites across the Internet, the PLN is a subset of the Chicagoland MLS that is accessible to agents that allows for more exclusivity for sellers. It is also completely in compliance with Clear Cooperation regulations surrounding real estate listing transparency. 

Some homes listed on the PLN may eventually make their way to the MLS, but for many sellers, it's a strategic first step before going fully public. Every seller has unique goals, and testing the market privately offers a discreet way to gauge interest. For example, if a seller receives an offer that meets their target price after listing on the PLN, they might choose a quick sale over holding out for maximum return.

What is an office exclusive listing?

Some agents may offer an "office exclusive" or "pocket" listing. This is a listing that can only be shared within the agent's brokerage. While this is often marketed as an exclusive or more elite way to market your property, this study from Bright MLS found the following:

  • Almost all office exclusive listings transition to the public MLS before selling
  • Homes that are pre-marketed as an office exclusive tend to take longer to sell.
  • There is no price advantage to office exclusive listings.
  • Temporarily withholding listings from the MLS limits inventory for buyers

Using office-exclusive listings as a strategy for every client can not only hurt buyers and sellers but also be a threat to equitable access in real estate. In a 2024 report from Zillow Group, National Fair Housing Alliance President and CEO Lisa Rice said, "When listings are confined to private channels, it becomes increasingly challenging to ensure compliance with fair housing laws designed to protect individuals from discrimination based on race, ethnicity, or other protected characteristics."

Do office exclusives violate Clear Cooperation?

Not necessarily — but it depends on how they're used. The NAR included a private exemption in the Clear Cooperation policy that allows sellers to delay public marketing or MLS inclusion. This rule is meant to give sellers flexibility if they need more time to prepare, but some brokerages have taken advantage of it by creating "shadow networks" of listings that aren't visible to the broader market. While this may not technically break the Clear Cooperation rule, it can certainly stretch its intent.

It's also worth noting that brokerages may have their reasons for promoting exclusive listing networks. Pocket listings can lead to higher earnings for both the listing agent and the brokerage, especially when the buyer comes from within the agent's own network, allowing the brokerage to keep a larger share of the compensation.

Agents have a fiduciary duty to act in their clients' best interests. Steering a seller toward an office-exclusive listing could potentially limit their exposure and reduce the chance of getting the best possible price, raising ethical concerns.

What do we believe?

At Baird & Warner, we are strongly in favor of the Clear Cooperation policy because it represents transparency, collaboration, consumer focus, and always doing the right thing.

We believe that if a property is to be publicly marketed, it should be available to the entire market promptly — it is simply the fairest and most democratic way to access the information. It is also the best way for the seller to get maximum exposure to the market, and best for the buyer in that they see all available properties. 

Our focus has always been on the consumer and what is best for our buyers and sellers. We believe it is our fiduciary responsibility to have all the information in one place so we can help our buyers make the most informed decision, and our sellers have access to the widest possible market for the opportunity to get the highest return on their investment.

We stand with the vast majority in real estate — the way forward is clear, let's get this right.



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