The MLS Board would like to reiterate that the Clear Cooperation policy requires all members to enter exclusive listings into the MLS within 1 business day of public marketing. The only exception is if it’s not an exclusive listing, but rather an open listing – so make sure you don’t create that impression with words like exclusive, in-house listing, pocket listing, private exclusive etc…
Public marketing triggers the clear cooperation policy and requires entry into the MLS. Note that this does not require “public” display in IDX feeds or syndication sites, only to other MLS members. All members must be given uniform access to sell properties offered publicly that are listed by their firm. You can’t pick and chose that only some cooperating agent’s buyers can get access. This is the basis of the MLS. The fine for failing to do so is $1,000 and could generate a hearing before the MLS board for repeated infractions. Note that public marketing is considered any display or sharing outside of your office – and if you have an in-house listing of any kind, you must follow the rules regarding the entry into the MLS.
Delayed listing rules prohibit marketing of any kind until ready to go active for all (with submission of form containing all of the rules signed off by the broker and seller to the MLS office
- There shall be NO showing, by any party, of the Property to prospective purchasers;
- There shall be NO public or broker open house/tours held;
- There shall be NO display of the Listed Property on any Internet site;
- There shall be NO sharing of the Listed Property on social media
- There shall be NO placement of a “For Sale” sign on the Listed Property; and
- There shall be NO marketing of the Listed Property in any print, electronic or email advertisements.
- There shall be NO sharing of information regarding the Property to brokers outside of the listing office until the Active date when it becomes available for all brokers and their clients.
Office exclusive listings prohibit the sharing of the listing to anyone outside of the listing firm. As the form states, the BROKER is to solicit interest exclusively from the Brokerage’s network of buyers. In that case, the seller also acknowledges that should the SELLER / BROKER wish to work with any Brokers outside of the listing firm, then property must be listed in the MLS to be made available to all member brokers. This does not require public dissemination of the data.
Both Delayed listings and Office Exclusive Listings must be on file with the MLS office within 2 business days of seller’s signature – and entered into the MLS database within 1 day of any form of marketing.