WHAT IS THE POLICY?
"Listings of Real Property which are listed subject to a real estate broker’s license and located within the service area of the BSC MLS must be submitted to the MLS for cooperation with other MLS participants by 11 pm on the third (3rd) weekday after a listing agreement goes into effect, OR within one (1) weekday of marketing a property to the public; certain exclusions may apply to vacant land. 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, applications available to the general public."
IN LAYMAN'S TERMS
If you take a listing that is considered a required property type, on 40 acres or less, located within the BSC MLS service area, you have 3 weekdays to enter it. If at any point prior to day 3 you begin to market that property to the public, you now have 1 weekday to enter it. The Clear Cooperation policy does not apply to Vacant Land but is still subject to the policy on “Late Entry of Required Listing”.
If your seller wants to withhold their property off the MLS for longer than 3 weekdays, or circumstances arise that are preventing you from entering by the deadline, you need to submit the required paperwork to the BSC MLS office. When an agent reports a potential violation of the rule, the burden of proof lies on the agent reporting the violation and BSC MLS staff. Clear and convincing evidence must be present to prove beyond a reasonable doubt that the agent is in violation of the rule. The Board of Directors will review the evidence if necessary.
WHAT IF MY SELLER DOESN’T WANT IT ON THE MLS, OR THE PROPERTY ISN’T READY TO BE ON THE MLS?
If the seller refuses to permit the listing to be disseminated by the service, and the property will not be advertised to the public through any of the methods mentioned in the Clear Cooperation policy, you may then take the listing “Office Exclusive” and such listings shall be filed with the service, but not disseminated to the participants. Filing of the listing should be accompanied by the "Listing Exemption Authorization" form. The form must be signed by the seller indicating that he/she does not want the listing to be immediately disseminated by the service and must be submitted to the BSC MLS by 11 pm on the third (3rd) weekday after a listing agreement goes into effect.
EXPLAIN “OFFICE EXCLUSIVE”
“Office Exclusive” listings may only be marketed within the listing brokerage and brokerages within the firm. If at any point during the term of the listing agreement the property is marketed to the public, the listing must be submitted to the MLS by 11pm the following weekday.
In an “Office Exclusive” listing, direct promotion of the listing between the brokers and licensees affiliated with the listing brokerage or brokerages within the firm, and one-to-one promotion between these licensees and their clients is NOT considered public advertising.
WHAT ABOUT LAND LISTINGS?
Land listings that are not going to be submitted to the MLS require a different Listing Exemption Authorization form than properties for sale that include a residence. Again, if the lot size for your land listing is over 40 acres, or located outside the service area, it's not required, and not subject to the rules of timely submission or Clear Cooperation.
If a seller refuses to permit their listing to be disseminated by the MLS, the Broker/Agent must submit a Listing Exemption Authorization, signed by the seller, by 11 pm after the listing agreement goes into effect.
Each tab in this menu explains which form to use based on the type of property.
Keep these 3 items in mind to determine if the form is required:
- Property Type
- Lot Size
WHO CREATED THE POLICY?
The policy was created by the National Association of REALTORS® (NAR) Emerging Trends & Technology Committee, the NAR MLS Issues and Policies Committee, and the NAR Board of Directors
For years The National Association of REALTORS® (NAR) has been tracking the erosion of cooperation among MLS Participants/Subscribers. This erosion seems to be provoked by actions that benefit the REALTOR® over their Seller’s needs and is a blatant violation of the REALTOR’s® ethical and MLS cooperation obligations.
This policy is intended to reintroduce the important role Cooperation plays in ensuring and facilitating the competitive nature of organized real estate. This vital process of competition has been shown to be exceedingly pro-consumer. The policy comes at a time when some have been and are currently innovating the death of the organized real estate marketplace. This policy has been endorsed by NAR legal counsel and passed with overwhelming majorities in the policy-making process.
By not disseminating listings through the broad exposure of the MLS, some are choosing to exclude in favor of “Exclusive” networks or focused advertising. This leads to a concern that many protected classes of buyers are not allowed equal opportunity at homes that other buyers are afforded.