The Clear Cooperation Policy (CCP) is criticized for potentially leading to legal challenges and damaging the credibility of the real estate industry. NAR acts as a trade association rather than a legal governing authority, and agent responsibilities should align with state laws. The CCP imposes mandatory MLS entry for publicly marketed listings within 24 hours, with penalties, which is seen as interference in the fiduciary relationship. NAR's rules have come under scrutiny from the Department of Justice for anticompetitive practices, and recent lawsuits have underscored these concerns regarding competition and market access.
The Clear Cooperation Policy (CCP) creates a restrictive environment where agents face penalties for not entering listings into the MLS within 24 hours, which resembles cartel behavior.
NAR's actions in enforcing the CCP cross critical lines, infringing on agents' fiduciary duties defined by state law, leading to potential legal liabilities and antitrust concerns.
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