Robert Reffkin takes aim at NAR in latest social media post

Is the National Association of Realtors (NAR) Compass’s next target? On Wednesday, Compass CEO Robert Reffkin called out the national trade group for allegedly making changes to its office exclusive policy.

In a post on LinkedIn, Reffkin wrote that if a seller’s home “sat on the market, lost momentum, or sold below its potential because [their] agent was forced to comply with the National Association of Realtors (NAR) policy, [they] have grounds for legal action against NAR and the MLS.”

“As the debate around Seller Choice continues, Sellers across the country will discover that what they thought was a marketing misstep was actually the result of a NAR policy that limited their options and worked against their best interests. What do I mean?” Reffkin wrote. “Many people in the industry don’t know that NAR recently changed their definition of an “Office Exclusive” in order to restrict Seller Choice and prevent Sellers from marketing outside the MLS.”

In late March 2025, when NAR announced its Multiple Listing Options for Sellers (MLOS) policy, Reffkin claims that the trade group revised its definition of an office exclusive from “a listing where the seller has specified that the listing not be submitted to the MLS,” to “a listing where the seller has directed that their property not be disseminated through the MLS and not be publicly marketed.”

When announcing the MLOS policy, NAR noted that it had no impact on its Clear Cooperation Policy (CCP), which includes a carve out for office exclusives. According to CCP, which was adopted in 2019, prior to when Compass has alleged NAR changed its policy, a seller could refuse to permit their listing agent from disseminating their listing via MLS, however, the policy notes that if the listing is publicly marketed it must be input into the MLS, no longer making it an office exclusive.

Additionally, NAR MLS Policy Handbooks published prior to 2025 refer to office exclusives as “exempt listings” under CCP, noting that once an exempt listing is publicly marketed, the broker must distribute it via the MLS within 24 hours.

In his post, Reffkin cites a 1983 Federal Trade Commission (FTC) report on MLS rules, arguing that office exclusives were identified by the FTC as necessary for preserving seller choice.

“On its face , requiring that MLS members submit all of their listings of a designated type restricts the competitive freedom of the broker-members. Alternative methods of selling houses are effectively foreclosed,” the FTC report, cited by Reffkin, states.

The report adds that the mandatory submission of listings could result in “competitive injury.”

Reffkin is arguing that this alleged change to the office exclusive policy has opened the door for homeowners, agents and brokers impacted by the alleged change to legally challenge NAR.

NAR did not wish to comment on Reffkin’s post or allegations.

Compass has already targeted Northwest MLS and Zillow

Both Northwest MLS (NWMLS), whose listing policy does not allow for office exclusives, and Zillow, whose listing access standards ban listings that are publicly marketed for more than 24 hours before they are entered into the MLS, were previously the recipients of Reffkin’s social media ire. He and his firm have also previously pressured MLSs to repeal CCP, arguing, similarly to this post about NAR, that if they do not, they will face legal exposure.

So far, both Zillow and NWMLS have become defendants in lawsuits filed by Compass. With this post, perhaps NAR will be next.