Actually Clearing the Air on Clear Cooperation Policy, Part 1: The Missing Piece

Properly understanding the real issue with Clear Cooperation Policy

I started writing this and it was getting longer and longer and longer with each draft. I’ve decided to break it up into two or more parts.

In this Part 1, I want to examine the missing piece in all of the debate around Clear Cooperation Policy. In future parts, I plan to address solutions to the CCP issue. With that said, let’s begin.

Last Friday, Brian Boero of 1000watt wrote “Friday Flash: Clearing the air on Clear Cooperation.” It is yet another example of his excellent writing style, one that I wish I could emulate, as he makes point after point in short, pithy sentences. Brian is truly one of the best writers in the industry, as well as one of its leading thinkers.

Yet, as I was reading it, I felt it was missing something critical. Given my long and extensive history with Clear Cooperation Policy (“CCP” hereafter), back when it was called Ocho, and even before that as I was talking about off-MLS marketing of listings… I ended up thinking that Brian’s post actually obscured the most important issue.

In light of the fact that the DOJ has reopened its investigation into CCP, in light of the fact that NAR’s Emerging Issues Committee is supposed to take up the issue of CCP soon, and in light of the fact that multiple companies and organizations are submitting proposals to repeal or change CCP, I though it might be worth going back into the archives, digging up old posts and old thoughts, and updating them as necessary to help us all think about this very difficult issue.

This is going to get long, and I apologize in advance. I wish I had Brian’s talent for making my point with short and punchy words, but alas… I must inflict several thousand words on you as I think through things myself.

Please note my bias here, as I have a startup alternative MLS myself. But these thoughts are mine and mine alone and have been for years.

Let’s get into it.