The National Association of REALTORS® Board of Directors on Nov. 11 approved MLS Statement 8.0, also known as the Clear Cooperation Policy. The policy requires listing brokers who are participants in a multiple listing service to submit their listing to the MLS within one business day of marketing the property to the public.
MLSs have until May 1, 2020, to adopt the policy. Texas REALTORS® has put together a page of resources and guidance, which will be added to in the coming weeks.
This policy is intended to address the growing use of off-MLS listings, which, according to NAR, exclude consumers and undermines REALTORS®’ commitment to provide equal opportunity to all.
The policy doesn’t prohibit brokers from taking office-exclusive listings, nor does it impede brokers’ ability to meet their clients’ privacy needs.
Here’s the full text of MLS Statement 8.0:
Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.
This policy is LONG overdue. Why should I pay for MLS and then try to find out who the listing agent is, or if the owner is going to even agree to pay for my time to show the home? Whatever were we thinking here?
Thank you! It’s about time ….. so many agents practicing poorly and seller’s nor buyer’s benefiting!
Does sign in yard include those nasty “coming soon” signs?
Yes!!! That is considered marketing to the public so it has to be on MLS within 1 day. Just took a class where this was gone over extensively.
As an appraiser, this is also good news!!
There is already a 5 day time limit as per the listing agreement to get the listing in the MLS. Has this been a problem?
If your Seller Client signs a Listing Agreement and says: “Don’t put it on the Market for 10 days”, then you can do that… get the Listing and keep quiet for 10 days. With the HAR 5 day rule that would have been against the MLS rules. Am I correct here??
SABOR MLS has a form Seller Authorization to Exclude Listing from MLS that is used when listing will not be entered within the 5 day time limit or Excluded from the MLS per Para.6.A(1)(b) or (2) of listing listing agreement. It must be signed by Authorized Broker, Seller and Listing Agent and copy provided to MLS
Does this mean that form will now be eliminated because NAR rule trumps SABOR?
I long for the day when a private company decides to create an MLS platform that competes with association-owned MLSs freeing us from the clutches of NAR.
What happened to the MLS waiver? I work for my Seller first, not NAR TAR or any other politically correct org!
Unfortunately there already is one, or several, and they want to control the market squeezing you and I out. If brokers and agents smarten up and stop syndicating their info to private companies, that are turning around and selling us the same info we gave them for free, this 1 day rule would not be an issue at all.
You are confusing Zillow, Trulia, and Realtor.com with a private MLS. Big difference. I’m talking about an MLS that is privately owned and independent of NAR, TAR, etc.
I did precisely that, John, in 1982 in Lubbock, Texas. And that is a “virtual career lifetime” ago. For marketing impact, we changed the word “listing“ to “indexing” as computers were just being utilized in the industry; we wrote our own custom software for data and inventory control and branded it the Automated Office System, AOS. All inventory was “indexed“ by price yet the data base allowed search by sorts based on square footage, bedrooms, school districts, etc., and all information was provided direct to the public or to local mls competitors. I branded it the PUBLIC MIS (Multiple Index… Read more »
I did something similar as soon as we were allowed to show other brokerages listings on our websites. Because in my enthusiasm for serving the public, I did not use an IDX, and received a cease and desist from our Association and then had a Code of Ethics charge filed against me by the Internet Nazis among our association. Oh well, live and learn.
I couldn’t agree more!
A great idea.. Now if we can just get rid of COMING SOON! listings.. Those are a ruse also for the most part.
Anthony, this is what prompted this new rule. Putting a sign on the property that says “coming soon” is marketing the property, so now will only be allowed one day to do this.
I will be the first to challenge this. I will have my seller sign the listing agreement to allow for “coming soon” sign to be posted for 7 days prior to MLS listing and have the listing agreement stipulate the delay of the MLS listing for 7 days. Coming soon is a powerful tool to generate interest and anticipation. If I get push back from MLS or NAR, their attorneys can explain to my client and my attorney why they are limiting my marketing strategy to best represent the interest of my clients. I do understand coming soon in certain… Read more »
I 100% agree. This rule is being put into affect because of unethical agents. Which these unethical agents aren’t going to follow the new rule if they didnt follow the previous one.
Marketing a property properly, only increases interest on the property and increases the chances of MY seller getting what they wanted for it. You know, the sellers, the ones that hired me over the other agents because of the results I produce without being unethical?
Where is the conversation and new rules being passed on Companies with Brokerages and Agents pretending to give sellers “fair market value” for a property? Only for them to turn around and sell it for a massive profit? What about their net sheet that pretends they are giving “fair market value” and flat out lying about the cost of using an agent? **disclaimers on the bottom I guess make it ok**
Totally agree, Tim. It seems to be helpful to buyer agents and their clients who would have made an offer on a home, yet see my client’s coming soon sign and decide to hold off until it’s listed…usually a few days.
Totally agree. This policy is overreaching nonsense. I also premarket coming soons for 1 week before.
Seems like a great way to micromanage an industry full of independent contractors. 🤦♂️
MLS, Zillow, Realtor.com and others like them will replace 90% of realtors in the very near future. Texas is a non disclosure state. We should not help them put us out of business.
I’m a Realtor/MLS member and have built a successful property management firm over the past 24 years without using the MLS or relying on cooperation from other Realtors. We syndicate the rentals directly to various ILSs and source new property management accounts on our own without offering referral fees to other Realtors. Does this new policy mean we have to now list in the MLS and allow other Realtors to show the rentals? Because that would kill our business model and we’d have to leave the association and never look back if that’s the case. We have a branded experience… Read more »
We have the same situation as you here in Philadelphia. We have been in business for 30 years and have worked hard to build our successful family-owned property management firm. This requirement would devastate our business also. It seems like the rental contingency was added on 1/7/20 and I cannot really find any information regarding this anywhere.
How does this new rule effect ” Coming Soons” Property is not officially on the market, however, brokers are marketing it to the public. Would love to know Nar’s response
I totally am on board with this rule .Only fair to all.
I feel this is total micro management. We should be able to choose when to market per our CLIENTS instructions. I feel coming soon is an important part of the equation and do NOT feel like I should only be allowed to market that way for 1 day! Especially if my client instructs me to market that way for longer. I will have them sign the form each and everytime….or does this mean the form is going away???
This is ridiculous. It is not uncommon for clients to NOT want their properties in MLS for very specific reasons. Quiet listings are part of our industry. This eliminates privacy for sellers AND buyers. The regulation should be on website companies that DO NOT have a relationship with MLS and steal our industry information (photos, video and descriptions) without permission and then sell it to agents for leads. These websites should have FULL permission from the brokerage and owner for approval to market their properties. Put a time frame on them! Not the licensed participants working for our client’s best… Read more »
who’s paying NAR for this big brother infringment
I have complained about these things for years. It is long overdue for these rules!
Hey general public, this property will be listed in 3 days and an open house on that listing day. Make sure you schedule your Sat at 2pm and bring your agent as it won’t last long.
Sorry to be the Opposition on the discussion, while I agree with all 99% of the time, many of the Sellers on Super Expensive Homes DO NOT want their property available to the public and potential robbers, etc. If this is truly enforced that every transaction you have with a Seller and Buyer must be run through MLS, very wealthy people will not longer use us but will rely on their attorneys to sell their homes.
You are exactly correct. This is an overreach by NAR. Our client should be in charge.
Does that also apply to coming soon listings? What is the current rule regarding these listings? I have noticed several signs for coming soon but the homes are not listed on MLS until they go active even though there is a coming soon option on MLS and this gap could be weeks.
For Commercial only realtors like myself…. ignore NAR, TAR and local MLS groups. We use CIE systems, not MLS.
Just because an agent is a Realtor, does not mean they can force us to put listings in the MLS.
NAR attempted to get a national commercial only service but after years of talk, talk, talk…… nothing significant has happened.
I have yet to hear a reason to keep a listing out of MLS that actually benefits the seller aside from the ability to discriminate against protected classes by not letting “certain types” know their property is for sale. Avoiding competitive offers that might be better does help an agent double dip. Beside that, why not expose the property to the entire pool of qualified buyers?
This is dumb and is pushed by companies like Zillow and Redfin who want the data. Redfin is salaried agents who’s buyers are at a disadvantage because they don’t seek listings not on MLS. They want to eliminate that. You want to tell a buyer client that you’re well-networked and thats why you’re the best? You find the deals? Forget it. Your network and value offerings don’t mean crap. It shocks my mind that NAR believes they’re helping agents. Not only have buyer agency taken a hit with particular programs, but now we have NAR essentially telling the public that… Read more »
Not to mention that they’re giving MAJOR advantage to large agencies like Keller Williams, Century 21, Remax, etc. with the ability to have “office exclusives.” So agencies with thousands of agents get an advantage that boutiques do not in that they can privately market still within their massive agency networks. Will they use this in their pitch acquisitions of agents? “Why join them, we’re bigger.” So why would KW, Remax, Zillow, Redfin, etc ever be against something that they all get advantage from over the smaller agencies and independent brokers? It’s a corrupt policy!!
Since it doesn’t limit office exclusive listings, what exactly is it’s purpose? Eliminating “coming soon” marketing, which, in our area, in my opinion, is mostly a disservice to Sellers as well as Buyers? If that is the purpose, I agree with the proposal, though I think 2-3 days is more realistic than 1.