NAR’s Clear Cooperation Policy 8.0 Takes Effect May 1st 2020

May 1^st 2020 NAR Clear Cooperation Policy 8.0 Takes Effect

From the NAR 2020 Handbook on MLS Policy & Model Rules:

Section 1.01 – Clear Cooperation

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
• applications available to the general public. (Adopted 11/19)

Note: Exclusive listing information for required property types must be filed and distributed to other MLS Participants for cooperation under the Clear Cooperation Policy. This applies to listings filed under Section 1 and listings exempt from distribution under Section 1.3 of the NAR model MLS rules if it is being publicly marketed, and any other situation where the listing broker is publicly marketing an exclusive listing that is required to be filed with the service and is not currently available to other MLS Participants. 

Section 1.3 Exempt Listings

If the seller refuses to permit the listing to be disseminated by the service, the participant may then take the listing (office exclusive) and such listing shall be filed with the service but not disseminated to the participants. Filing of the listing should be accompanied by certification signed by the seller that s/he does not desire the listing to be disseminated by the service. 

Note: MLS Participants must distribute exempt listings within (1) one business day once the listing is publicly marketed. See Section 1.01, Clear Cooperation.

From NAR’s Q&A on the Clear Cooperation Policy 8.0:

Are office exclusives allowed?  Yes.  “Office exclusive” listings are an important option for sellers concerned about privacy and wide exposure of their property being for sale. In an office exclusive listing, direct promotion of the listing between the brokers and licensees affiliated with the listing brokerage, and one-to-one promotion between these licensees and their clients, is not considered public advertising. 

Common examples include divorce situations and celebrity clients. It allows the listing broker to market a property among the brokers and licensees affiliated with the listing brokerage. If office exclusive listings are displayed or advertised to the general public, however, those listings must also be submitted to the MLS for cooperation. 

To view NAR’s FAQ, go to https://www.nar.realtor/about-nar/policies/mls-clear-cooperation-policy

To view the NAR video “Window to the Law” on this new policy, go to https://www.nar.realtor/window-to-the-law/understanding-the-mls-clear-cooperation-policy

Q & A for the South Tahoe MLS’s implementation of the NAR Clear Cooperation Policy 8.0

Is the STAR MLS adding anything new?  To address the needs of MLS subscribers to comply with NAR’s new rule, the STAR MLS created a new status for listings called “Coming Soon.”  We also added a new field called “on market date.”

What is the new status for?  If you do any public marketing for a listing, even if you have a signed waiver from a seller excluding it from the MLS (i.e. C.A.R.’s SELM Form) you must input it into the MLS within one business day.  This is for all 1-4 unit residential and multi-family properties and land listings.  (Residential Lease [rentals], Under Construction and Commercial listings are excluded). 

What is considered public marketing?  Any communication that goes out to the public, or outside of your brokerage, is considered public marketing.  This could be an email, a social media post on Facebook, Instagram, Twitter, etc., a communication in a Facebook Messenger Group, Slack, Yammer or other communication tool with a group of agents not from your office (i.e. off-MLS clubs). 

What are the benefits of using Coming Soon?  You may use this status from 1 to 30 days while you’re getting a listing ready for public marketing, and the Days on Market (DOM) won’t count and will remain at 0 until the listing reaches the “on market” date that you select.  This could be while you’re having professional photos and videos taken of the property, to do minor cosmetic updates prior to showing, or simply to create some “buzz” about the listing before it goes live.

Do Days on Market (DOM) accumulate while my listing is in the Coming Soon status?  No. 

Can I modify the “On Market Date” after I upload a listing to the MLS?  Yes.  

Can I show the listing while it’s in the Coming Soon status?  No.  You may not show the listing until it hits the on market date. 

After my listing goes active, can I put it back into the Coming Soon status?  Not unless it has been placed in an off-market status (Withdrawn, Cancelled or Expired) for at least 60 days.

Can I modify the status of my Coming Soon listing myself?  Yes.  If you want your listing to go “live” right away and don’t want to wait until the on-market date you originally entered, just go in to the MLS to revise your listing’s status to “Active” and change the “on market date” to the current date.  It will then go live.  If you need to withdraw the listing for any reason, please contact STAR staff at STAOR@STAOR.org or 530.545.3295.

Are there any rules about marketing my Coming Soon listing?  You may have a “for sale” yard sign at the property but it must clearly indicate “coming soon.”  Any public facing marketing must clearly indicate that the listing is “coming soon” and provide clear information as to when it may be shown and when offers will be accepted.

What happens if I violate this rule?  You face paying some hefty fines.  While we roll out this new policy and status in the MLS, we will be educating subscribers.  We will issue warnings, and give you the opportunity to correct.  After that, if you are found in violation, for the 1^st offense you will issued a $1,000 fine, the 2^nd offense you will be issued a $5,000 fine and the 3^rd offense you will be issued a $10,000 fine.  If you’re found breaking the rule a 4^th time, you will have your MLS services suspended.