Cleveland Realtors: What You Need to Know About Office Exclusive Listings and NAR’s Policy Shift

The real estate world is buzzing with conversation around the National Association of Realtors (NAR) and its recent policy shift regarding Clear Cooperation and Office Exclusive Listings. This new policy, set to take effect in September, is already drawing strong reactions from agents, brokerages, and tech platforms alike. Mike Ferrante of the 21 Mike Team at Century 21 HomeStar, along with Tony Geraci, Broker/Owner of Century 21 HomeStar, recently broke down what this means for Cleveland Realtors, Ohio real estate professionals, and the broader industry.

What Was Clear Cooperation?

The Clear Cooperation Policy was designed to prevent so-called “pocket listings” and to encourage transparency and cooperation between brokerages. Under the previous rule, if you marketed a listing publicly, you were required to submit it to the MLS within one business day. This policy ensured that homes for sale were accessible to all buyers and agents, helping sellers get maximum exposure.

What Is an Office Exclusive Listing?

Now, NAR’s updated policy introduces Office Exclusive Listings, a significant change that allows brokerages to market listings only within their office (or company) for a certain period before sharing with the MLS and the public. Each local MLS will have the ability to determine how long listings can remain office exclusive.

Key Points:

Sellers may request to keep listings private for a limited time.
These listings can be shared only within the brokerage during that time.
The listing does not appear on the MLS or syndicated websites like Zillow or Realtor.com (in many cases).

Zillow’s Reaction: ‘No Listings, No Exposure’

Tech giants are not staying quiet. Zillow announced it will not allow office exclusive listings to appear on its platform. That means a listing marketed exclusively within a brokerage will never hit the #1 real estate site in the U.S. This move is designed to protect buyer transparency and to keep sellers informed about the potential visibility loss.

On the flip side, Homes.com, the rising competitor to Zillow, is welcoming these changes, seeing an opportunity to gain more market share. That puts Cleveland Realtors in the middle of a battle between real estate platforms, each pushing its own model.

Mike Ferrante: “Office Exclusives Could Hurt Sellers”

Mike Ferrante, leader of one of Ohio’s top-performing real estate teams, expressed concern that this change may prioritize brokerage gains over seller benefits.

“It opens the door to reduced competition,” says Ferrante. “Limiting market exposure means fewer buyers, less competition, and possibly a lower sale price. Even with seller consent, this could create legal exposure.”

Mike brings up the potential for Fair Housing complaints and seller lawsuits down the road. “If a seller later finds out a neighbor would have paid more, that is a lawsuit waiting to happen.”

Tony Geraci: “Follow the Money and the Liability”

Tony Geraci, who has over 30 years in real estate, mortgage, and title, agrees. “This is going to create confusion and potential litigation,” Geraci says. “Just because a seller signs something does not mean it limits liability. You are still the professional and held to a higher standard.”

Geraci predicts attorneys will get involved: “You might see lawsuits against brokerages and agents who convince sellers to take a lower offer privately when more money could have been made on the open market.”

Is There Any Justification for Office Exclusive Listings?

Mike Ferrante played devil’s advocate, suggesting rare scenarios where office exclusives may make sense:

A celebrity or public figure wants to sell discreetly.
A unique luxury property has no comparable sales.
A seller wants to gauge interest before formally going to market.

But even then, Ferrante suggests alternatives such as:

Delayed offer acceptance periods.
Limited marketing via direct contact with prequalified buyers.
Pre-listing appraisals.

What Should Cleveland Realtors Do?

With this policy shift, Cleveland Realtors need to:

Understand local MLS rules and how the policy will be implemented.
Educate sellers on the pros and cons of office exclusives.
Be prepared to defend your practices if litigation arises.
Use strategies like delayed offer acceptance to test pricing without violating clear cooperation.

Final Thoughts: A Legal and Ethical Minefield

While some brokerages argue for “control” over listings, Ferrante and Geraci caution that transparency and cooperation serve the client best. And in today’s litigious real estate climate, the risk of violating fiduciary duties or triggering Fair Housing issues is higher than ever.

“If this policy leads to reduced exposure, fewer offers, and lower sale prices,” says Geraci, “sellers will notice—and they will sue.”

Want to learn more or join a brokerage that values professionalism and client-first service?

Schedule a call with Mike Ferrante at 21mike.com
Email: mike@21mike.com
Or book directly with Tony Geraci at Talk2Tony.net

The 21 Mike Team at Century 21 HomeStar is actively hiring throughout Cleveland, Akron, Canton, Youngstown, and Columbus. If you are a Realtor looking to grow your business with smart systems, admin support, and ongoing education, reach out today.

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