What’s Needed When a Seller Refuses to List in the MLS?

Occasionally, sellers do not want to list their property in the MLS at the beginning of their Exclusive Right to Sell Contract, or for the duration of the contract.  But did you know, your obligations as outlined in the Exclusive Right to Sell state that you’ll enter the property into the MLS within 2-business days of your seller’s signature?  It’s right there in paragraph 4:


So, what’s the correct way to accommodate your seller’s request?  In Flexmls, found under the FORMS menu tab, there is the form Refusal or Delayed Submission to the MLS.  On it, the seller will indicate the date they wish the dissemination and publication of their property to begin in the MLS, or alternatively, that they do not want the listing disseminated or displayed for the entire duration of their contract.  This form also clearly advises the seller about the services they will not receive while their directive is in affect.

You have the Exclusive Right to Sell and the Refusal or Delayed Submission to the MLS forms signed…what now?  Please send a copy of both to the Board Office, which we will keep on file for reference, should we require it.  You can scan and email to:  listings@berkshirerealtors.org or you can fax to 413-448-2852.

When the date arrives for the listing to be entered into the MLS, please remember:

  • The listing begin date is still the day that your seller signed the Exclusive Right to Sell Contract
  • A copy of the Exclusive Right to Sell with the MLS# needs to be submitted to the Board Office for verification.  Please include a notation that a refusal is on file.

Should you have any questions regarding this procedure, please contact staff for assistance.  We’re happy to help!