With the fury of activity in our real estate market, MLS policies and procedures can sometimes get overlooked.  To help you better understand NAR’s Clear Cooperation Policy (CCP), below is an actual example of how this policy works.

Here’s the scenario, you have Sellers who want you to aggressively market their home but for certain reasons, do not want you to list it in the MLS. They want you to advertise it on social media, digital marketplaces, maybe run an ad, send out an email…you know the rest. How do you proceed without violating CCP?

Explain to your Sellers that you are a member of the Multiple Listing Service (MLS) which is a local broker marketplace where their property will be exposed to the largest pool of prospective Buyers.  If members of the public (through the requested public marketing) will be made aware of their home being available, so too should the professionals (cooperating brokers) who represent prospective Buyers.

In short, the CCP states:

Within 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 (such as email blasts)
• multi-brokerage listing sharing networks
• any application available to the general public

What if the “Seller’s Waiver of Entry Into MLS Addendum” has been signed and submitted to the MLS? 

The Seller’s Waiver of Entry Into the MLS Addendum specifically states, “However, any public marketing by the broker (Participant) or SELLER of a listing that is excluded by this Addendum is not permitted.”  If the Seller signs this form to waive entry of their property into the MLS, NAR’s Clear Cooperation Policy still applies. It is important to discuss this with your seller before signature.  You may find the Waiver of Entry Addendum in Flexmls>Forms/Info>realMLS Listing Agreements.