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The National Association of REALTORS® MLS Policy Statement 8, also known as the MLS Clear Cooperation Policy, takes effect for all MLSs beginning today, May 1. NAR’s Board of Directors adopted the policy last November.

The new NAR policy requires listing brokers who are participants in an MLS to submit their listing to the MLS within one business day of marketing the property to the public. Agents may promote a listing only within their brokerage – not with others on the MLS or outside of the brokerage.

The California Association of REALTORS® (C.A.R.) reviewed and adopted the policy with more details to its model rules for CA MLS, and on April 15, the MLSListings Board of Directors adopted the C.A.R. model rule changes. The C.A.R. SELM form has been modified to refer to the policy.

Within the MLSListings service area, the Clear Cooperation Policy applies to one to four-unit residential property and vacant residential lots. It does not apply to commercial listings and new construction of five plus units.

Brokers/agents can still take an exclusive listing, but can only promote or advertise the listing within their brokerage. If advertised to the public or to an outside agent, the listing must be added to the MLS within one business day as an Active listing.

Public marketing or advertising includes, but is not limited to conveying or displaying any information about the property or its availability for sale through or on any windows, signs, public facing websites, social media, brokerage or franchise operated websites (including IDX and VOW), digital communications marketing (ex: email, text or phone blasts, social media messaging), multi-brokerage or franchise listing sharing networks, flyers or written material or on any applications available to the public or through conducting an open house.

This rule only applies to “excluded” or “exclusive” or “waivered” listings. Listings entered as Coming Soon on the MLS may only be advertised as Coming Soon off the MLS.

For the next month, MLSListings will be educating brokers and agents about the new rules. MLSListings is urging agents to communicate with their broker about the new policy. Brokers, in turn, need to counsel their agents. Agents need to counsel their sellers about what it means to have an “exclusive” listing.

If caught violating the rule, an agent must enter the listing as Active. Agents in violation will receive courtesy notices for violations with a copy sent to their broker or office manager. The fine for a violation is $500 and escalates until the property is listed or the NAR maximum of $15,000 is reached. Many MLSs are imposing fines upwards of $5,000.

Visit MLSListings Clear Cooperation Resource Page

View MLSListings’ video on Clear Cooperation Implementation

July 2020
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