Metro MLS Begins Enforcing NARs MLS Clear Cooperation Policy March 1, 2020

Enforcement of the Clear Cooperation Policy

Begins March 1, 2020

NAR CLEAR COOPERATION POLICY

WHAT IS IT?

“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 dis-plays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.”

WHY THE POLICY?

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.

HOW DOES IT HELP?

It cultivates clear cooperation within the marketplace.

Ensures broad exposure for equal opportunity, and is complimentary to Fair Housing. Excluded properties may exclude protected classes of buyers.

Promotes improved competition in the marketplace. This competition is inherently beneficial for consumers.

WHAT HAPPENS IF THE CLEAR COOPERATION POLICY IS BROKEN?

1st Violation:

2nd Violation:

3rd Violation:

4th Violation:

$1,000/day fine

$2,000/day fine

$5,000/day fine

Previous fine, plus suspension of MLS Services

or Agent for no less than 30 days

WAYS WE ARE TRYING TO HELP OUR MEMBERS ADAPT TO POLICY

Expanding the Delayed status from 15 days to 21 days.

Maintain Excluded List For Properties Listed Excluded By February 29, 2020.

Updated Policy & Procedures and Rules to Reflect Changes.

Updated Exclusion Request form & Seller Confirmation of Delayed form

For More Information view the 8.0 Clear Cooperation Form.

To best understand this new policy, start by understanding listing types.

This policy primarily affects the EXCLUDED listing type.

WITHDRAWN

Withdraw Anytime During The Active Listing Contract.

DOM Calculated

You Can Market It

Available, Yet Not Showing

No Open Houses

Active Listing Contract, Unlimited Withdrawn Days

DELAYED

Delay Up To 21 Days At The Start of Listing Contract.

DOM Not Calculated

You Can Market It

No Showings Permitted During Delayed

No Open Houses

Delayed Form Uploaded as 1st Page with Listing Contract

EXCLUDED

Exclude from MLS with Documentation, Until Marketing Begins.

DOM Calculated

No Marketing of Any Kind

Private Showings Permitted Only

No Open Houses

Must Submit Listing Info to Metro MLS For Excluded List

Does this change the 48 hour rule?

NO. This new policy does not change the listing input time frame of 48 hours for new Active listings. The policy is for listings EXCLUDED from MLS only.

What happens if I market my EXCLUDED listing?

Publically marketed EXCLUDED LISTINGS not uploaded to MLS, are potentially in violation. EXCLUDED LISTINGS must be uploaded to MLS within one business day once publicly marketed in ANY WAY.

What is publicly marketing?

It includes but not limited to sharing property details through broker opens, open houses, intranets, office to office, 3rd party websites, flyers, social media, signage, email blasts, specialized buyer lists, and more. Nearly every type of marketing that requires a keyboard or phone to distribute is publicly marketing.

#PutItOnTheMLS

What if My Seller, or a Family Member Or Friend Markets the Property?

YOU could be in violation. A seller can not EXCLUDE a property and market it publicly. It Must be entered into MLS within 1 business day of being marketed.

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MetroMLS | www.metromls.com

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Metro MLS members can call the Help Desk at 414-778-5450 or email support@metromls.com .