NAR recommends new MLS policy changes amid Compass private-listings kerfuffle

by John Yellig

The National Association of REALTORS® recently issued four MLS policy recommendations aimed at modernizing MLS policies and improving client service. 

The recommendations come amid tension in the industry as some brokerages, Compass in particular, seek to disrupt the traditional MLS model with private listings, a move critics call monopolistic and anti-competitive. They also follow the creation of a shared listing platform by four of the nation’s largest brokerages that seeks to combat Compass’ Private Listing Network. 

NAR’s four new policies seek to strengthen copyright protections for MLS listing content, provide MLSs with increased flexibility for establishing local data-feed requirements, clarify permitted uses of MLS data and update qualifications for service on NAR’s MLS Committee. 

“These updates reflect our commitment to ensuring MLS policies remain relevant, effective and responsive to the needs of today’s real estate industry,” NAR CEO Nykia Wright said. “In line with our 2026–2028 Strategic Plan and significant member feedback, we will continue working collaboratively with MLSs, brokers, members and other industry partners to support a clear understanding and implementation of these changes.” 

The recommendations include: 

  • The introduction of a new optional MLS policy, Copyright Protection of MLS Data, which provides MLSs the discretion to require up to a 50% copyright interest in certain listing content. Under the proposal, MLSs must provide participants with the right to opt-out of assigning a copyright interest to the MLS. Brokers retain the right to independently use and license their own listings. 
  • The establishment of an optional MLS policy about MLS Data Feed Services, which would provide MLSs with greater flexibility to establish local eligibility and licensing requirements for data feeds, provided they are applied equally to all participants, who retain access to their own MLS listings and data feeds. 
  • Establishing a new MLS Policy Statement to reinforce the fact that the use of MLS data must comply with applicable MLS participation or data licensing agreements and be connected to providing real estate brokerage services or preparing appraisals or other property valuations. This recommendation aims to help address concerns about unauthorized use of MLS content. 
  • Updating the qualification criteria for service on NAR’s MLS Committee to better reflect today’s MLS environment and ensure the committee continues to benefit from relevant industry expertise and perspectives. 

“This move seems proactive against the private listing threat by Compass,” Miller Samuel Co-founder and housing analyst Jonathan Miller said. “The new policy lets MLSs base their feed eligibility on contributing listing content to the MLS. Firms can’t take the benefits of access to all of the cooperative MLS listing content but then hide their own listings. 

“By bringing this up in advance, it will probably be easier for MLSs to cut off a Compass feed for not following their rules against hiding information,” he concluded. 

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