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Marketing Privately Without Penalty

Marketing Privately Without Penalty

Marketing Privately Without Penalty: What Sellers Need to Know in the Age of Zillow and Clear Cooperation

The real estate world is rapidly evolving, and one of the biggest shifts in 2025 is the tension between Zillow and major brokerages over listing visibility, agent control, and seller strategy. If you're a seller wondering whether pre-marketing your home (or marketing it privately) could hurt your chances later on—especially with new Zillow policies in play—this guide breaks it all down.

What’s Happening Between Compass and Zillow?

In June 2025, Zillow began enforcing a stricter interpretation of the National Association of Realtors' (NAR) Clear Cooperation Policy. The new rule: if a listing is marketed publicly—via social media, flyers, websites, or even word-of-mouth with identifying information—it must be entered into the MLS within one business day. Otherwise, Zillow will remove the listing from their site and, after multiple violations, block it entirely during the listing period.

In response, Compass filed a lawsuit against Zillow, citing anticompetitive behavior and an unfair disadvantage to sellers who want to test pricing or exposure through private marketing before going live. Compass argues that sellers should have more control over how and when their homes are listed, particularly in slower markets where strategy matters more than ever.

What Is the Clear Cooperation Policy?

NAR’s Clear Cooperation Policy mandates that once a property is publicly marketed, it must be listed in the MLS within one business day. "Public marketing" includes:

  • Yard signs

  • Public social media posts

  • Email blasts to outside agents

  • Broker websites

  • Digital flyers or virtual tours

  • Open houses

If any of these are used to promote a property and include identifying information—like an address, price, or a clear call to action to schedule a tour—it triggers the MLS submission requirement.

What Zillow Now Requires

Zillow has taken this policy a step further. As of June 30, 2025:

If a listing is marketed publicly without being listed in the MLS, it will be removed.This has created fear among agents and sellers who want to leverage private marketing—fear that their listing won't get proper exposure later on.

But here’s the truth:

Zillow is just one of many platforms. It is not the single source of truth for your home’s sale.

The Problem with Relying Solely on Zillow

Zillow is a powerful platform—but it’s not the full picture.

  • Zillow is #1 for window shopping, but not for conversion. It drives views, but those views often don’t translate to qualified showings.

  • Listings with high Zillow views often sit longer, creating more days on market (DOM)—and DOM is a key driver of price reductions.

  • Many leads on Zillow are funneled to agents who pay for placement (Premier Agents), not the listing agent. These agents often lack neighborhood knowledge and are simply “door openers.”

Why Private Marketing Still Works—When Done Right

You can still pre-market your home strategically and compliantly, without risking exposure penalties.

Here’s how:

✅What You Can Do:

  • Mention the neighborhood, not the address.

  • Share design features or lifestyle imagery.

  • Tease with general interest hooks: "Dreamy courtyard. Chef’s kitchen. Vaulted ceilings."

  • Say: "Reach out if you’re curious" (privately), not "Schedule a tour!"

❌What You Cannot Do:

  • Share the price.

  • Mention the address or clearly identifiable details.

  • Include links to schedule a showing.

  • Publicly invite people to request info or set up tours.

If a post includes two or more of these triggers, it counts as public marketing under Clear Cooperation and Zillow policy.

Common Seller Concerns—and Clear Answers

“Won’t I lose exposure if I don’t go on Zillow right away?” No. The MLS syndicates your listing to 50+ sites, including Realtor.com, Redfin, Homes.com, Compass.com, and many more. Zillow is just one piece of a much larger puzzle.

“Is it risky to test the market privately before going public?” Actually, it’s smart. Private marketing helps us gather real-time buyer feedback, fine-tune pricing, and prep the home for a strong public debut—without adding days on market or exposing your listing too early.

“Can we still use Zillow later?”
Absolutely. We can time our launch to ensure your home appears on Zillow at the right moment, when it’s fully prepped and priced to perform.

Final Takeaway

In a shifting market, strategy matters more than ever. Pre-marketing—done correctly—gives sellers pricing insight, staging time, and real buyer feedback. And it can be done fully within compliance, without sacrificing exposure or violating policy.

Zillow’s influence is real, but it’s not absolute. When we market your home, it’s about more than just a website—it’s about timing, control, and getting the best outcome for you.

If you're thinking about selling, let’s talk about how to make the most of your listing—on your terms.


~Trigaci Stiles Group




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