Private listings are opaque by definition, further complicating the evolving debate about how to handle them. But in order to succeed in real estate, agents and brokers must cut through policy uncertainties and forge a future-proofed strategy.
And that’s just what Luxury Presence CEO Malte Kramer and top real estate coach Tom Ferry did yesterday when they opened a pivotal discussion for real estate professionals nationwide addressing the evolving landscape of pocket listings and Clear Cooperation Policy (CCP). They unveiled new data, revealed the strategies of top agents from around the country, and presented solutions for moving forward in an uncertain market.
Find It Fast
How we got here: The origins of CCP
Under the National Association of Realtors’ CCP rule, properties must be recorded in the multiple listing system (MLS) within 24 hours of being publicly marketed. Some see this policy, adopted in 2020, as a necessary condition for fairness. Others — especially those working in ultra-high-end markets — argue that it restricts homeowners’ ability to maintain privacy.
The webinar kicked off by analyzing how the current situation unfolded. As an NAR board member and former president of the Greater Baltimore Board of Realtors, real estate coach Alyssia Essig had been deeply involved in the policy’s development and explained to attendees that CCP wasn’t some arbitrary policy.
“Those who were voting wanted to make sure that all properties were available to all consumers, and that all consumers had access to all properties,” she said. “Unless the homeowner decided to sign a waiver.”
“It was about transparency and access for all,” Ferry added.
How agents feel
In the intervening years, sentiment has turned against the policy in some corners of the industry. To learn more, Luxury Presence conducted a survey of 1,000 agents, which showed an industry at a crossroads:
- 35% of respondents said they wanted CCP to remain unchanged.
- 36% wanted modifications.
- 29% wanted it repealed entirely.
The survey also found that the higher an agent’s sales volume, the more likely they were to oppose CCP. Of the agents selling less than $2 million a year, only about 10% want to see CCP repealed. But for those selling $50 million or more annually, nearly half want CCP gone.
Opinions “really depend on the market, [and] price point,” Kramer noted. “Our data showed in higher-end markets, there’s a higher likelihood that an agent is working with private listings — not surprisingly.”
For more data and insights, download The Private Listings Playbook today:
Insider insights on private listings
Get the data you need to succeed and stay in compliance in a changing market.
What do sellers really want?
A separate survey from real estate consultancy 1000Watt polled 2,000 sellers about their stance on private listings last fall. It found that 35% of prospective sellers initially expressed a preference for staying off the MLS. Their number one reason? Privacy.
But Essig revealed a twist. “When those 35% were given more context — when they learned more about what the MLS actually does — 70% of them changed their minds and decided they wanted to list,” explained. This is a critical takeaway: When sellers fully understand the process, they often rethink their stance.
Setting seller expectations
With this information in hand, the conversation turned to best practices. How should agents guide their clients through the MLS decision?
Three elite agents were on hand to share their thoughts with webinar attendees. When asked about her approach to private listings, Cindy Ambuehl — a veteran with Christie’s International Real Estate in the ultra-luxury West Coast market — said half of her clients initially want to avoid the MLS.
“I deal with a lot of high-profile clients. By the time I finish my listing appointment with them, I would say, maybe 75% of them have converted and switched over and decided that maybe the MLS is a good idea,” she said. “I do educate them. And I do talk with them about everything we’re going to be doing for them, and the more they expose [a property], the better for them.”
Maggie Gold Seelig — a team leader who works across Boston, New York, and Miami, acknowledged that, while off-market sales play a big role in her business, the MLS is still a powerful marketplace.
“Probably 60% to 70% of my personal business happens off of the MLS,” she said, estimating that this strategy means sellers will only reach 70% to 80% of the market, at best. “We have a mechanism in place to deal with clients who decide for their own strategic reasons that they want to stay off of a public market in what I’ll call a private marketplace. It’s still on the market when you have a private listing. It’s just not on an MLS.”
Noble Black, who has spent two decades selling high-end real estate in Manhattan, was least supportive of private listings. For most of his career, off-market deals were a rarity in his market. But in the last two years, that’s changed.
“There are very valid reasons that you want to be off-market, and there’s nothing wrong with that. We should all have the ability to do that,” he said. For him, “it’s about becoming an expert communicating with [clients], and then just keeping their interest at heart.”
Understanding off-market nuances
Black also pointed out that there are many types of off-market deals, and the way the situation is often portrayed in the media oversimplifies the situation:
“There’s also a difference … when a seller’s trying to sell and selling off-market for a high price [and] when the seller’s kind of indifferent and a buyer approaches them. And I think a lot of what gets reported as big numbers is when the seller is sitting here, fine owning it for another five years, and a buyer has to have that [property]. The buyer’s willing to overpay for it.”
Black’s advice for agents is to always consider your obligation to your client above all else. “At the end of the day … you’re helping somebody with a big transaction,” he said. “If they feel like you’re smart and well educated and acting on their behalf, they tend to be loyal to you.”
Leveraging technology to stay ahead
Kramer emphasized that, no matter what happens with private listings and CCP, the most successful agents will be the ones who proactively adapt. The key is to go beyond simply understanding the rules and use technology to work smarter, faster, and more strategically.
“A lot of times, private listings are managed in email chains and scattered spreadsheets,” he noted. “So I do recommend that anyone who works with private listing that you think about your technology stack and the tools used to share both with agents and with consumers.”
Kramer also explained how companies such as Luxury Presence can help agents and brokers manage private listings efficiently while staying compliant.
”We’ve built a lot of technology to make that easier,” he said, urging agents to consider “tools like brokerage listing networks where you can share office exclusives within your brokerage, buyer matching features where you can find other agents who have a relevant buyer, and sharing with the consumer … with things like password-protected websites, dedicated mobile apps, client portals, and other tools.”
Join our exclusive network
Luxury Presence offers agents and brokerages a seamless, secure, and compliant way to share private listings discreetly and find more off-market inventory.
Looking ahead and being nimble
With news reports suggesting that NAR may soon modify its private listing policies, Ferry outlined three possible scenarios for webinar attendees. If CCP remains unchanged, properties must still be listed in the MLS unless the seller signs a waiver, maintaining transparency and broad market exposure, though high-end markets may see more private listings due to privacy concerns.
If CCP is eliminated entirely, unrestricted private listings would be allowed, potentially reviving the pre-CCP landscape. A modification to CCP could introduce a middle ground, adjusting its requirements while still addressing industry concerns.
4 strategies for effectively leveraging private listings
For real estate professionals, staying ahead means being fully informed and prepared for any scenario. The Private Listings Playbook is your essential guide to navigating the evolving landscape of private listings and CCP. It doesn’t just outline potential changes — it breaks down exactly what agents need to do in each scenario, from ensuring compliance to strategically leveraging private listings.
Inside, you’ll find step-by-step actions to take if CCP remains unchanged, is modified, or is eliminated entirely — along with the necessary paperwork, consent protocols, and marketing strategies to ensure you’re always prepared. Don’t get caught off guard — download The Private Listings Playbook today and equip yourself with the insights and tools needed to thrive in this shifting market.
Insider insights on private listings
Get the data you need to succeed and stay in compliance in a changing market.
1. Offer private listings as an exclusive service
Agents who work with luxury properties should market access to private listings as a key benefit. The Private Listings Playbook recommends positioning private listings as a way to:
- Provide discretion for high-profile clients
- Allow sellers to test price points before listing publicly
- Attract motivated buyers looking for off-market opportunities
By presenting these advantages, agents can build trust with sellers and differentiate themselves in competitive markets.
2. Implement informed seller consent protocols
Clear communication with sellers is essential to avoid confusion and compliance risks. Establish a written seller consent protocol that includes:
- A comparative analysis of private vs. public marketing results
- A documented discussion of pros and cons
- A signed consent form outlining the seller’s decision
- Regular strategy reviews to ensure alignment with market conditions
By following these steps, agents can protect themselves from legal risks while providing sellers with greater understanding and control over their property’s exposure.
3. Stay compliant with fair housing regulations
As a part of every real estate professional’s commitment to preventing discrimination, private listings must adhere to fair housing law. The Private Listings Playbook highlights several compliance safeguards, including:
- Maintaining records of all potential buyers who receive listing information
- Using objective criteria for marketing outreach
- Avoiding exclusive language that implies preferential treatment
- Ensuring equal access to private showings
These best practices help agents avoid ethical pitfalls while maintaining transparency in their transactions.
4. Use technology to streamline private listing management
Agents don’t need to manage listings in email chains and scattered spreadsheets anymore. Technology offers a more secure and effective alternative. The playbook recommends leveraging tools such as:
- Password-protected websites to securely share listings
- Brokerage-exclusive platforms for internal collaboration
- Buyer-matching tools that connect listings with qualified leads
- Mobile apps that provide real-time access to private inventory
By adopting these solutions, agents can enhance efficiency and create a seamless experience for both buyers and sellers.
Now is the time to take action
Ambuehl agreed that agents and brokers need to prepare to meet this pivotal moment. “It’s so hugely important to stand back and listen, and over-communicate and have these conversations and really understand the meaning of these changes. It’s not just, ‘Oh, there was this change. Let’s pivot,’” she said. “What is the meaning behind it? What are the pros and cons of it? What are the consequences of it? How does it benefit our clients? How does it not? How do we work around it?”
The market is shifting, and the real estate professionals who embrace innovation will be the ones who stay ahead. If you want to leverage private listings effectively, now is the time to invest in the right tools.
Luxury Presence can elevate your marketing strategy
Learn how we can help take your real estate business to the next level. Schedule a time to speak with one of our branding experts today.
