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After hitting pause last year, the Park City Board of Realtors (PCBR) and Park City Multiple Listing Service (PCMLS) are once again enforcing the National Association of Realtors’ (NAR) Clear Cooperation Policy, the association announced Friday.
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The Utah-based Realtor association has adopted Delayed Marketing Exempt Listings, introduced under NAR’s Multiple Listing Options for Sellers Policy. Delayed Marketing Exempt Listings include listings filed in the MLS, but gives listing brokers and clients more control over how and when listings are marketed.
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Under the updated PCMLS rules, agents are still required to submit listings within a set timeframe after executing a listing agreement or publicly marketing a property. The change is that sellers can now opt to keep listings out of public view to accommodate sellers who value privacy.
Jamie Johnson | CEO of PCBR and PCMLS
“The Clear Cooperation Policy promotes an open, inclusive marketplace where buyers have access to all properties in one place,” Jamie Johnson, CEO of PCBR and PCMLS, said in a statement. “At the same time, the delayed marketing option recognizes that some sellers need a higher level of privacy. We’re pleased to be among the first MLSs to adopt this reasonable and balanced approach.”
NAR’s Clear Cooperation Policy, which rolled out in 2020, requires that listings be entered into the MLS within one business day of public marketing. Since its rollout, the policy has faced criticism and legal scrutiny, including concerns about antitrust implications.
Those pressures led PCBR and PCMLS to suspend enforcement in August 2024, citing potential legal exposure from the Department of Justice’s (DOJ) investigation into NAR’s mandatory policies — particularly by Realtor-owned MLSs.
In an October email to members, Johnson confirmed that both the board and the MLS had written to NAR expressing concerns about the litigation risk and would not enforce the policy until further guidance was provided.
“We believe the ongoing DOJ investigation may result in legal action against MLSs that continue enforcing this rule,” the PCBR said at the time. “To protect PCMLS from potential liability, we are publicly opposing enforcement of the policy in its current form.”
The DOJ has since clarified its stance on CCP, in a Supplemental Statement of Interest to the Nosalek vs. MLS PIN commission lawsuit. The footnote stated, “The Division has not taken a position that such policies standing alone (i.e., without mandated MLS publication of offers of compensation or exceptions benefitting primarily large brokerages) are anticompetitive.”
“We believe this approach strikes a fair balance,” Maverick Bolger, president of the PCBR Board of Directors, said. “Buyer clients deserve full access to available inventory through their brokers, and sellers who value discretion now have an effective path to market their home privately yet efficiently.”
The PCMLS Board of Directors approved the updates, and is now working with its MLS vendor to roll out programming needed to implement the changes.
