2024 Seller & Buyer Rep Toolkit >>>>
Introduction and Context (00:09 - 00:29): The speaker, a licensed broker and president of a trade organization, addresses recent headlines regarding their stance on market practices, emphasizing the importance of homeownership and consumer trust.
Historical Background (02:02 - 03:01): Recaps the evolution of real estate market practices from the early 2000s, including the 2008 DOJ lawsuit against the National Association of Realtors (NAR) and the introduction of the clear cooperation policy to ensure equal access to MLS data.
Current Issues with Listing Policies (04:06 - 07:27): Discusses the emergence of office exclusives and the challenges they present for market transparency. The speaker explains that seller choice should not compromise public access to listings or lead to confusion.
Emphasizing Consumer Choice and Fair Housing (10:45 - 11:44): Highlights consumer preferences for access to all listings and the implications for fair housing. The speaker underscores the importance of consumers being able to choose their agents freely in a transparent market.
International Comparison (12:11 - 13:52): Shares personal experiences of real estate transactions abroad, illustrating the lack of competition and transparency in other markets. Warns against the implications of creating a closed-off market in the U.S.
eXp's Commitment to Transparency (19:12 - 20:13): Details eXp's policies on listing exposure, affirming their commitment to educating sellers and ensuring market transparency. They plan to provide resources and support for all agents, regardless of affiliation.
Closing Beliefs (20:45): Emphasizes the company's philosophy of promoting consumer choice, transparency, and competition in the real estate market, while also supporting smaller startups to foster a better consumer experience.
The Clear Cooperation Policy (CCP) is a mandate from NAR that requires any listing marketed to the public to be entered into the MLS within one (1) business day.
Public marketing = MLS required.
No sign in the yard. No social media. No email blast. No exceptions.
The rule exists to protect fairness, transparency, and buyer access across the entire real estate market.
eXp’s leadership has made it clear:
“Once a listing is entered into the MLS, we syndicate it everywhere.”
We will not withhold listings from public portals. We believe in:
Seller education
Buyer access
Fair housing compliance
Competing on value, not inventory control
Delayed syndication to Zillow, Redfin, Realtor.com, etc.
Withheld listings as a business model
Any tactic that limits consumer access for company gain
Office exclusives only for unique privacy needs
Full syndication upon MLS input
Educating sellers on the risks of limited exposure
Marketing that triggers MLS entry includes:
Yard signs
Public flyers
Social media posts (including personal pages)
Website listings
Email marketing
Broker-to-broker or office-wide emails
🛑 Once you “go public,” the clock starts ticking.
Many MLSs (including TREIS) offer Coming Soon status:
eXp allows Coming Soon as a strategy, but we do not support delayed syndication. If a listing is in MLS, we distribute it to all major portals.
eXp has created a downloadable Seller Advisory – Risks of Limited Market Exposure to guide your conversation. It covers:
17 Longer days on market (Office exclusives average 37 DOM vs. 20 DOM – Bright MLS Study)
Lower net proceeds (Zillow study of 10M transactions)
Loss of exposure (CFA: Over 1 billion fewer views without syndication)
Fair housing and buyer access issues
📥 Download the Seller Advisory from eXpToolkit.com/sellers →
We've put together some scripts to help you explain the disclosure!
You would only present and discuss the eXp Seller Advisory: Risks of Limited Market Exposure form when a seller is requesting or considering a non-MLS strategy, such as:
An office exclusive
A "Coming Soon" listing with delayed public marketing
A pocket listing
Any listing where the seller wants limited exposure (e.g. no syndication to Zillow or Redfin, no sign in the yard, or no public advertising)
This conversation typically happens:
During the listing consultation when the seller expresses concerns about privacy
If the seller asks, “Can we keep this off Zillow?” or “I don’t want my neighbors to know it’s for sale yet.”
When the seller wants to “test the waters” with an internal network or offer the home to specific buyers first
The goal of the form (and your script) is to:
Document that the seller has been fully informed
Avoid liability later if the seller regrets not going to the open market
Ensure the seller understands that less exposure = likely less money and more time
Our Compliant Office Exclusive Solution, Powered by Zenlist
When a seller truly needs privacy—whether it’s due to safety, legal proceedings, tenancy issues, or unique timing—eXp Access offers a compliant way to temporarily market a property within our internal network before it goes public.
Unlike other brokerages that promote private exclusives to double-end deals or as a recruiting tool, eXp Access was built to protect the consumer and honor seller intent—not to bypass the MLS.
eXp Access listings are managed through Zenlist, a secure, invite-only platform.
Listings are never public-facing unless the seller decides to go live.
Agents may invite clients to view listings, but only through a direct invite, maintaining compliance with MLS rules.
The system was originally created as a “nuclear backup” when several MLSs went offline—allowing eXp to continue listing and marketing properties safely.
Use eXp Access only when:
A seller requires a private, non-public sale (e.g. DEA agent, judge, high-profile client).
The listing is not ready for MLS due to timing or prep.
The seller signs a disclosure acknowledging the risks of limited exposure (forthcoming form).
🚫 Do not use eXp Access to “test pricing,” “create exclusivity,” or delay market exposure for competitive gain.
eXp Access is not our business model—it’s a compliance tool for rare, legitimate use cases.
“It’s a tool. Not the tool. We support seller choice, but we do not believe in hiding listings from the market for personal gain.”
🔗 Click here to visit the full eXp Access Powered by Zenlist page →
“If we all go private, comps disappear, buyer access vanishes, and the housing market becomes less liquid, less fair, and less functional.”
– Leo Pareja, CEO, eXp Realty
eXp's leadership explained that when inventory is hidden:
Sellers lose leverage
Buyers lose access
Fair housing is compromised
The entire market suffers
You are the trusted guide. Here's how to help your sellers:
Discuss ALL options—MLS, Coming Soon, Office Exclusive.
Use the Seller Advisory form to walk them through real data.
Encourage full syndication for best results.
Avoid tactics that limit transparency or confuse the public.
Follow local MLS rules—every region handles “Coming Soon” slightly differently.
At eXp, we believe:
In educating sellers, not steering them.
That buyers deserve choice and access to all homes.
That our responsibility is to the consumer, not our commission.
Want to download the full training toolkit, forms, or watch the announcement call?
Visit: eXpToolkit.com/sellers