Last year, Compass CEO Robert Reffkin’s approach to business was described as “an aggressive effort to reshape how Americans buy and sell homes.”[1] Since then, “aggressive” has also proven an apt word to describe Compass’s approach to litigation as it defends its status as the country’s largest independent real estate brokerage.[2] Examining the tensions between multiple listing service (MLS) rules and Compass’s preferred listing strategies reveals the reasoning behind the history of demands, the motivations of ongoing litigation, and the broader questions these disputes raise for the real estate industry.
Tension Between Traditional and Alternative Listing Practices
Multiple listing services are regional, broker-owned databases of homes for sale in certain geographic areas.[3] MLSs rely on competing real estate brokers to submit listing information for broader distribution, then aggregate that data to inform interested parties about the greatest number of properties.[4] The National Association of Realtors (NAR), a trade organization to which most residential real estate agents belong, owns and controls most MLSs.[5] As such, the increasing popularity of alternative listing practices threatens the financial feasibility of this traditional practice used by MLSs.[6]
Though some online residential real estate listing platforms like Realtor.com deem the use of private exclusive or pocket listings as “a sneaky way to sell your home,” alternative practices provide sellers and brokers various strategic opportunities to navigate the listing of a property confidentially.[7] Real estate columnist Devon Thorsby explains that, “Listing a property privately is an attractive option to avoid the gaze of the public eye and to protect the property from the stigma that can develop if it remains on MLS longer than the market average.”[8] However, real estate experts disagree regarding whether the interests of home sellers are better served listing their home the traditional way on the MLS or by utilizing alternative listing practices. [9]
In 2019, NAR met in Salt Lake City, Utah, to discuss how to protect the traditional, cooperative structure of MLSs from the rise of alternative listing practices, ultimately establishing Policy Statement 8.0 with overwhelming support in a 729 to 70 vote.[10] Policy Statement 8.0, better known as the Clear Cooperation Policy, requires listings to be submitted to the shared MLS within one business day of public marketing.[11] However, the policy permits office-exclusive listings, which allow sellers to keep the advertisement of their property within the listing brokerage without triggering the Clear Cooperation Policy’s public marketing requirement, if it is filed with the MLS.[12] By contrast, a pocket listing shared publicly or with competing brokerages without being submitted to the MLS triggers the submission requirement.[13] Thus, while office exclusives allow sellers to limit the distribution of their listings, brokers cannot use private marketing to avoid the MLS submission requirement once a listing is shared beyond their own brokerage.[14]
Reaction to the Clear Cooperation Policy
In response to the adoption of the policy, the Department of Justice issued an investigative demand seeking information from NAR regarding the Clear Cooperation Policy and alleging that the new policy unduly restricted home sellers’ choices and precluded competition.[15] Compass’s response to NAR’s adoption of the policy included both sending letters threatening legal action against MLSs that adopted the policy and developing a three-phased marketing strategy to work around its submission requirements.[16]
Compass claims: “Our structured launch strategy is designed to test pricing, build maximum exposure, and create a strong market debut. This approach helps protect your home from prolonged time on market, price reductions, and lost value.”[17] Compass’s three-phase strategy begins by making a seller’s listing a “Compass Private Exclusive,” allowing sellers to test their price against buyers represented by hundreds of thousands of agents across Compass’s network of brokerages.[18] Using an internal messaging platform, Compass avoids triggering the public marketing prohibition by technically communicating one-to-one broker-to-broker, which the Clear Cooperation Policy permits.[19] Now, one Compass agent can blast a listing internally to thousands of fellow Compass agents across the country without filing the property on an MLS.[20]
Compass’s second phase of marketing transfers a listing from the “Compass Private Exclusive” database to the “Compass Coming Soon” platform, where Compass and Redfin publicly advertise available properties while omitting certain details.[21] Encouraging sellers to participate in “Compass Coming Soon” while simultaneously leveraging regional inconsistencies that permit MLS “Coming Soon” pages, Compass gathers inquiries, tests pricing, and accumulates leads before advertising publicly.[22] Finally, if a known buyer still has not purchased a property as a Private Exclusive or Coming Soon listing, Compass’s third phase of marketing then involves filing the property with an MLS for public advertisement, utilizing the aggregated insights to best position the property in the broader market and obtain the highest price for the seller.[23]
These practices supported Compass’s model of catering to luxury clients, positioning the company well to directly lobby local MLS boards for more flexible office-exclusive and Coming Soon rules.[24] Ultimately, in one instance, the Park City Board of Realtors (PCBR) announced that it would no longer enforce Clear Cooperation, aligning instead with Compass’s interpretation of the policy.[25] The Chief Executive Officer of the PCBR, Jamie Johnson, explained that the Park City Multiple Listing Service would not adhere to NAR’s Clear Cooperation Policy, citing concerns about potential litigation.[26]
This increasing public pressure, alongside heightened DOJ scrutiny and threats of litigation from brokerage platforms, including Compass, eventually led NAR to amend the Clear Cooperation Policy in 2025.[27] The updated policy incorporated a new listing category called “delayed marketing exempt listings” alongside the existing “office exclusive listings” option.[28] Some MLSs, including PCBR, considered the enforcement of the amended policy as less risky because of the recent Department of Justice announcement, which claimed that the Clear Cooperation Policy was not inherently anti-competitive.[29] Even the formerly skeptical PCBR CEO, Jamie Johnson, stated: “We’re pleased to be among the first MLSs to adopt this reasonable and balanced approach,” and Maverick Bolger, president of the PCBR’s Board of Directors, claimed the new policy “strikes a fair balance.”[30]
Though NAR intended to provide critics of the policy with greater flexibility to market seller properties, Compass and other brokerages wanted nothing short of a complete repeal of Clear Cooperation.[31] Howard Hanna Real Estate CEO Hoby Hanna said that, even after the amendment, the Clear Cooperation Policy did not govern or control the practices at her brokerage and only hindered the industry’s ability to innovate.[32] Reffkin concurred with her sentiment and increased the stakes, stating: “In the coming years, the risk is significant that the industry could face class actions that are distinct from the currently pending compensation-focused cases, with the potential for a significant amount of damages.”[33]
Litigation
After NAR’s amendment of the Clear Cooperation Policy, a series of successful antitrust challenges to other NAR policies, coupled with growing industry debate, weakened NAR’s position and created an opportunity for Compass to challenge MLSs that adopted and enforced Clear Cooperation.[34] Compass pursued an offensive strategy, pursuing litigation, issuing demand letters, and publicly stating its opposition when its agents were punished for failing to adhere to Clear Cooperation standards.[35] In response, targeted MLSs pushed back, placing Compass on the defensive amid a growing nationwide backlash.
In late April 2025, Compass filed an antitrust suit in federal court against Washington State’s NWMLS, alleging its strict pre-marketing restrictions unlawfully restrained trade.[36] Compass called NWMLS “a monopolist and a combination of competing real estate brokers” in their complaint.[37] However, in August 2026, the parties settled when NWMLS agreed to allow phased marketing strategies.[38] Justin Haag, president and CEO of NWMLS, stated: “… our rules are constantly evolving to meet changing consumer expectations. We are giving sellers the flexibility they desire when preparing a home for market, while steadfastly protecting buyers from private networks.”[39]
In April 2025, Compass also filed suit against Zillow in the Southern District of New York, alleging that Zillow’s “Listing Access Standards,” which mirrored NAR’s Clear Cooperation Policy by requiring sellers to list their homes on Zillow’s platform within one day of being marketed, were anticompetitive.[40] Sofia Khalek’s examination of the dispute between Compass and Zillow revealed the merits of each side’s arguments and provided a keen understanding of how Zillow’s policy mirrored NAR’s Clear Cooperation Policy, which Compass adamantly opposed.[41] Yet, Compass voluntarily dismissed the case after Zillow agreed to allow sellers to pre-market homes before hitting the active market.[42] In March 2026, Compass claimed their settlement effectively ended the “Zillow ban” for all brokerages.[43] However, that May, Zillow sued Compass in Illinois, alleging that Compass and the regional MLS, Midwest Real Estate Data (MRED), conspired to punish Zillow unless it carried Compass’s private listings.[44] In July, members of Congress examined the relationship between Compass and MRED in a House Judiciary subcommittee hearing.[45] Ultimately, the court ruled against Zillow’s injunction order, leaving the issues of the dispute somewhat unresolved.[46]
In September 2026, Compass continued its fight against Clear Cooperation by issuing several formal demand letters to regional MLSs that enforced public marketing rules.[47] Rather than wait to be sued, as Compass’s demand letter threatened, California Regional MLS filed a preemptive federal lawsuit against Compass, seeking a judicial declaration that its cooperation rules were lawful.[48] Explaining the MLS’s motivations, CRMLS Chief Executive Art Carter said Compass intended “to free ride on the hard work of cooperating CRMLS subscribers — benefiting from the shared listings, data and resources of the cooperative marketplace while withholding its own publicly marketed listings from the same marketplace.”[49] Not long after, Compass countersued CRMLS alleging that fining, suspending, or expelling agents who publicly market a property outside of CRMLS had antitrust implications.[50]
Subsequently, Central Texas’s Unlock MLS, another demand letter recipient, published Compass’s letter alongside their response, highlighting a stark shift in Compass’s position: in March, Compass had praised Unlock MLS as “a model of seller choice,” but by September, it was threatening the MLS with an antitrust lawsuit for allegedly restricting seller choice.[51] Unlock MLS acknowledged that, despite its reservations about the Clear Cooperation Policy, its affiliation with the NAR required its enforcement.[52] Ultimately, Unlock MLS emphasized that the policy sustained the single, comprehensive feed of market data on which the tools agents and brokers rely.[53]
By the end of October 2026, six regional MLS organizations, including Arizona Regional MLS, Bridge MLS, Canopy MLS, REcolorado, Hive MLS, and Doorify MLS, filed a joint federal complaint against Compass representing more than 120,000 subscribers.[54] On Monday, November 2, 2026, MLSListings in Northern California announced they had filed an amended complaint, joining the suit with about 16,000 additional subscribers.[55] The plaintiffs accuse Compass of threatening antitrust litigation to pressure MLSs into changing rules they contend are lawful and competitive.[56] They currently seek a declaratory judgment affirming the legality of their cooperation rules and an injunction barring Compass from making further antitrust threats.[57]
Conclusion
Rather than viewing each dispute as an isolated fight between entities with competing interests, a holistic consideration of the litigation provides a comprehensive view of the struggle for balance between innovation, consumer choice, and platform control in residential real estate.[58] Both sides claim to be protecting competition and consumer choice, but fundamentally disagree over the interests the current system serves.[59] Ultimately, the disputes demonstrate the struggle for brokerages attempting to innovate and build their brands based on exclusivity while navigating demands from platforms that depend on transparent access to information.[60]
A Zillow spokesperson outlined the future implications of this struggle, stating: “The key unresolved issue… is between Compass and the rest of the real estate industry who want to keep the fair and transparent market that this country has built up over decades.”[61] Additionally, regional operators like Unlock MLS explain the toll of these disputes, telling participating agents that “litigation costs, literally and figuratively: it pulls our attention away from serving you, it consumes your hard-earned money spent on MLS subscription fees, and it constrains our ability to innovate on your behalf.”[62] The previous settlements and UnlockMLS’s critique of the Clear Cooperation policy indicate that MLSs are amenable to altering their practices, despite NAR regulations. However, the ongoing litigation doesn’t mirror previous one-on-one disputes. As regional MLSs unite to create specific legal defense funds to defend the traditional cooperative framework against Compass’s push for brokerage exclusivity, a different outcome may result.[63] Thus, the resolution of these disputes will ultimately determine whether the future of real estate remains a transparent marketplace.
[1] James Rodriguez, Robert Reffkin v. Real Estate, Business Insider, (Dec. 21, 2025, at 4:26 ET), https://www.businessinsider.com/compass-ceo-robert-reffkin-zillow-war-homebuying-real-estate-2025-12.
[2] About, Compass, https://www.compass.com/about/.
[3] PLS.Com, LLC v. Nat’l Ass’n of Realtors, 32 F.4th 824, 829 (9th Cir. 2022).
[4] AJ Latrace, How Compass’ fight with MLSs became a coordinated legal battle, Inman, (Oct. 23, 2026), https://www.inman.com/2026/10/23/compass-mls-legal-fight/.
[5] PLS.Com, LLC v. Nat’l Ass’n of Realtors, 32 F.4th at 830.
[6] Id.
[7] Id. at 830; Lisa Johnson Mandell, What Is a Pocket Listing? A Sneaky Way to Sell Your Home, Realtor.com, (Dec. 6, 2022), https://www.realtor.com/advice/sell/pocket-listing-what-is-it/.
[8] Devon Thornsby, A Home Seller’s Guide to Pocket Listings, U.S. News, (Aug. 26, 2016), https://realestate.usnews.com/real-estate/articles/a-home-sellers-guide-to-pocket-listings.
[9] Id.
[10] NAR Clear Cooperation Policy Adopted, Great Plains Regional MLS, (Dec. 2, 2019), https://gprmlsdocs.com/News/ClearCooperationPolicy.pdf.
[11] MLS Clear Cooperation Policy, Nat’l Ass’n of Realtors, https://www.nar.realtor/about-nar/policies/mls-clear-cooperation-policy.
[12] Id.
[13] Id.
[14] Id.
[15] National Ass’n of Realtors v. United States, 97 F.4th 951, 953. (D.C. Cir. 2024); DOJ Lawsuit Against NAR: From 2020 Complaint to Reopened Probe, Court Docket, (Sep. 9, 2026) https://courtdocket.org/doj-lawsuit-against-nar-from-2020-complaint-to-reopened-probe/.
[16] Jim Dalrymple II, Compass sends ‘pre-litigation letter’ to Bright MLS over pocket listing policy, Inman News, (Oct. 31, 2019), https://www.inman.com/2019/10/31/compass-sends-pre-
litigation-letter-to-bright-mls-over-pocket-listing-policy/.
[17] Sell: More Choices, More Flexibility, More Value, Compass, https://www.compass.com/sell/.
[18] Id.
[19] John Dolgetta, LEGAL CORNER: NAR’s Updated Clear Cooperation Policy: Seller Options, Listing Requirements and Brokerage Responses, The Hudson Gateway Association of REALTORS, (Apr. 21, 2025), https://www.hgar.com/legal-corner-nars-updated-clear
[20] Id.
[21] Sell: More Choices, More Flexibility, More Value, Compass, https://www.compass.com/sell/.
[22] Taylor Anderson, Compass partners with Rocket-Redfin to display coming-soon listings, Inman News, (Feb. 26, 2026), https://www.inman.com/2026/02/26/compass-partners-with
-rocket-redfin-on-coming-soon-listing-display/.
[23] Sell: More Choices, More Flexibility, More Value, Compass, https://www.compass.com/sell/.
[24] AJ LaTrace, Local association pauses Clear Cooperation — will others follow?, Real Estate News, (Oct. 11, 2024), https://www.realestatenews.com/2024/10/11/local-association-pauses-
clear-cooperation-will-others-follow.
[25] Sarah Lentz, Why One Local Association is Rejecting NAR’s Clear Cooperation Rule, BAM, (Oct. 14, 2024), https://nowbam.com/why-one-local-association-is-rejecting-nars-clear-
Cooperation-rule (detailing how affluent markets like Park City, Utah, paused CCP enforcement under pressure from luxury brokerage leaders, including Compass CEO Robert Reffkin).
[26] Brooklee Han, Utah-based Realtor association no longer enforcing NAR’s Clear Cooperation, HousingWire, (Oct. 11, 2024). https://www.housingwire.com/articles/utah-based-realtor-
association-no-longer-enforcing-nars-clear-cooperation.
[27] John Dolgetta, LEGAL CORNER: NAR’s Updated Clear Cooperation Policy: Seller Options, Listing Requirements and Brokerage Responses, The Hudson Gateway Association of REALTORS, (Apr. 21, 2025), https://www.hgar.com/legal-corner-nars-updated-clear-cooperation-policy-seller-options-listing-requirements-and-brokerage-responses#:~:text=Sellers%20must%20sign%20a%20disclosure%20form%20acknowledging,without%20public%20scrutiny.%20*%20Office%20Exclusive%20Listings.
[28] Id.
[29] Stephanie Reid-Simons, MLS that quit enforcing Clear Cooperation gets back on board, Real Estate News, (Apr. 18, 2025), https://www.realestatenews.com/2025/04/18/mls-that-quit
-enforcing-clear-cooperation-gets-back-on-board.
[30] Id; AJ LaTrace & Stephanie Reid-Simons, DOJ calls out ‘misleading’ claims about its take on Clear Cooperation, Real Estate News, (Mar. 19, 2025), https://www.realestatenews.com/2025/
03/18/doj-calls-out-misleading-claims-about-its-take-on-clear-cooperation.
[31] Dave Gallagher, Compass ‘has not and will not adhere’ to Clear Cooperation, (July 2, 2025), https://www.realestatenews.com/2025/07/02/compass-has-not-and-will-not-adhere-to-clear-cooperation.
[32] Id.
[33] Id.
[34] Burnett v. Nat’l Ass’n of Realtors, 187 F.4th 1051 (8th Cir. 2026); PLS.Com, LLC v. Nat’l Ass’n of Realtors, 32 F.4th 824 (9th Cir. 2022); Douglas J. Smith, Stephen D. Libowsky, & Dylan Carson, NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division’s Investigative Powers In Real Estate, Manatt, (May 8, 2024), https://www.manatt.com/insights/newsletters/
client-alert/nar-v-doj-d-c-circuit-bolsters-antitrust-division.
[35] Brooklee Han, Compass’s Reffkin gives MLSs an ultimatum: Change listing rules or face lawsuits, HousingWire, (Sept. 30, 2026), https://www.housingwire.com/articles/reffkin-sue-mls
[36] Brooklee Han, Compass, NWMLS clash over document production in antitrust suit, Libertas Real Estate, (Dec. 26, 2025), https://libertasrealestate.com/blog/compass–nwmls-clash-over-
document-production-in-antitrust-suit.
[37] Id.
[38] Brooklee Han, Compass settles NWMLS lawsuit on coming soon listings, HousingWire, (Aug. 31, 2026), https://www.housingwire.com/articles/compass-nwmls-coming-soon-settlement/.
[39] Id.
[40] Paulina Cachero, Compass Drops Lawsuit Over Zillow’s Home-Listing Rules, Bloomberg, (Mar. 18, 2026), https://www.bloomberg.com/news/articles/2026-03-18/compass-drops-lawsuit-
over-zillow-s-home-listing-rules.
[41] Sofia A. Khalek, Compass v. Zillow: Updates and Implications for Residential Real Estate, Fordham Journal of Corporate & Financial Law, (Apr. 6, 2026), https://fordhamcorporatejournal
.org/2026/04/06/compass-v-zillow-updates-and-implications-for-residential-real-estate/; Zillow, Compass abandons lawsuit, affirming Zillow’s pro-consumer listing standards, Zillow (Mar. 18, 2026), https://www.zillow.com/news/compass-abandons-lawsuit-affirming-zillow-pro-
[42] Paulina Cachero, Compass Drops Lawsuit Over Zillow’s Home-Listing Rules, Bloomberg, (Mar. 18, 2026), https://www.bloomberg.com/news/articles/2026-03-18/compass-drops-lawsuit-
over-zillow-s-home-listing-rules.
[43] Compass to Dismiss Lawsuit Following Zillow Ban Reversal, Compass, (Mar. 18, 2026), https://www.compass.com/newsroom/press-releases/7fsvI81mpXUj6p1xDBtP2x/.
[44] Jennifer Gould, Mega-brokerage Compass faces new federal lawsuit as ‘private listing’ battles keep heating up, MSN, (Oct. 27, 2026), https://www.msn.com/en-us/news/other/mega-brokerage
-compass-faces-new-federal-lawsuit-as-private-listing-battles-keep-heating-up/ar-AA2fRyvD.
[45] Aimee Ortiz, Compass Is Called Before Congress for Antitrust Concerns, N.Y. Times (July 24, 2026), https://www.nytimes.com/2026/07/24/realestate/compass-mred-congressional-hearing-antitrust.html?
[46] Id.
[47] Letter from Nathan P. Eimer, representing Compass, Inc., to Emily Girard, Chief Executive Officer, Unlock MLS, (Sep. 8, 2026), https://assets.unlockmls.com/pu0snv8rn9fa/29HfcrC51l4jl
30Nd4Yhzs/22e88b08f65a193f0b3d494d6ccdc49b/2026.09.08_Unlock_MLS_Compass_Demand_Letter.pdf.
[48] Alex Douglas, CRMLS Sues Compass First, Asking a Federal Judge to Declare Its Listing Rules Lawful, Realty Wire, (Oct. 6, 2026), https://realtywire.com/crmls-compass-declaratory-judgment/.
[49] Id.
[50] Compass Sues Nation’s Second Largest MLS to Give Homeowners the Freedom to Publicly Market Their Own Homes on Their Own Terms, Compass, (Oct. 16, 2026), https://www.
compass.com/newsroom/press-releases/3Hc4JCjX42XShNKC9J0f0b/.
[51] Letter from Ellen B. Sessions, representing Unlock MLS, to Nathan P. Eimer, representing Compass, Inc., (Oct. 6, 2026).
[52] Id; Unlock MLS, A Demand Letter from Compass, Inc., and What it Means for our Marketplace, (Oct. 6, 2026), https://www.unlockmls.com/news/demand-letter-from-compass-
inc-and-what-it-means-for-our-marketplace.
[53] Id.
[54] Arizona Regional Multiple Listing Service, Inc. et al v. Compass Inc., Case No. 1:26-cv-09253, (S.D.N.Y. Oct. 21, 2026), https://storage.courtlistener.com/recap/gov.uscourts.
nysd.675592/gov.uscourts.nysd.675592.1.0.pdf.
[55] Propmodo Team, Northern California MLS Expands Brokerages’ War Over Exclusive Listing Rules, Propmodo, (Nov. 3, 2026), https://propmodo.com/northern-california-mls-expands-brokerages-war-over-exclusive-listing-rules/.
[56] Id.
[57] Id.
[58] Amir A. Torkamani, Zillow And Compass Embroiled In Legal Battle Over Private Listings, Esquire Real Estate Brokerage, (Jun. 27, 2025), considering the litigation together raises questions about how the balance among https://esquirereb.com/zillow-compass-legal-battle-private-listings.
[59] Id.
[60] Id.
[61] Jennifer Gould, Mega-brokerage Compass faces new federal lawsuit as ‘private listing’ battles keep heating up, MSN, (Oct. 27, 2026), https://www.msn.com/en-us/news/other/mega-brokerage-compass-faces-new-federal-lawsuit-as-private-listing-battles-keep-heating-up/ar-AA2fRyvD.
[62] Unlock MLS, A Demand Letter from Compass, Inc., and What it Means for our Marketplace, (Oct. 6, 2026), https://www.unlockmls.com/news/demand-letter-from-compass-inc-and-what-
[63] Art Carter, CRMLS Rejects Compass’s Demands, Stands Firm on Cooperation and Transparency, CRMLS, (Sept. 30, 2026), https://go.crmls.org/crmls-rejects-compasss-demands-stands-firm-on-
cooperation-and-transparency. (Explaining CRMLS’s plan to establish an MLS Cooperation Legal Defense Fund with intent to coordinate organizations and groups concerned with consumer transparency, equal listing access, and open competition, including legal-action programs, consumer advocates, attorneys, other MLSs, associations, vendors, and portals.)
