Last fall, the National Association of REALTORS® passed an MLS proposal designed to strengthen broker cooperation. NAR’s Clear Cooperation 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. NAR stated that MLSs have until May 1, 2020 to adopt the policy.
The Policy: The NAR policy states that 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 (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.
Here’s where your MLS service currently stands:
NEREN has announced that they will comply with NAR’s Clear Cooperation Policy mandate by approving the adoption of the policy effective May 1, 2020.
Here are some important details regarding this policy:
Exclusions: This excludes Commercial properties, Rentals, and new construction developments with multiple properties. If you have any questions as to if a property should be designated as Commercial or Residential, we encourage you to refer to the statutory laws defining such for the state where the property is located.
The change will apply only to listings with listing agreements executed on or after May 1, 2020.
NEREN Actions: At this time, NEREN will take an educational approach for violations. Any possible fines will be addressed at future Board meetings. This allows time for our members to become familiar with the new NAR requirement.
MLS PIN maintains that they are not required to administer the new Clear Cooperation policy as they are not a NAR-affiliated MLS due to their ownership structure. Read their full statement, which includes a link to an informational flyer, below:
“How do MLS PIN’s Rules and Statuses Differ from NAR’s Clear Cooperation Policy?
A reminder that MLS PIN is not a NAR-affiliated MLS due to our ownership structure, and therefore, it is not required for us to administer the new NAR Clear Cooperation Policy 8.0. However, please note that MLS PIN will listen very carefully to its shareholders’ and customers’ feedback and concerns.
We have put together a task force made up of the board of directors’ members and staff to understand and respond to what your needs are. This is not to say that MLS PIN will not put the policy into effect at some point, but there is no specific plan to do so at this time. We are fortunate to be in a position as a non-NAR-chartered MLS to evaluate how the policy pans out elsewhere and to decide what is in the best interest of our customers and their clients before making a final decision.
Please be assured that MLS PIN will communicate any changes in the coming months. In the meantime, please click HERE, and share with your agents, a helpful flyer that outlines our current mandatory listing input deadlines per MLS PIN’s rules vs. NAR’s Clear Cooperation Policy. This flyer also will show you at a glance the differences between MLS PIN’s listing statuses in comparison to NAR’s new policy.
If you are a broker and would like to send us your feedback, please email email@example.com, and we will share this feedback with the task force and management team here at MLS PIN. If you have any questions about MLS PIN’s current Rules and Regulations, please contact firstname.lastname@example.org. We thank you for your input and patience as we work to come up with a beneficial plan for all of our customers.
Your MLS PIN Team”
Maine Listings has announced they will be implementing NAR’s Clear Cooperation Policy effective May 1, 2020.
What does this mean for you?:
- You still have five (5) business days to submit a listing to the MLS, unless publicly marketed. If publicly marketed, the listing must be submitted to the MLS within one (1) business day.
- A new “Coming Soon/No Show” status will be added to Flexmls. Submission in the “Coming Soon/No Show” status will satisfy compliance with the new policy AND allow for the marketing of the property.
- A listing may remain in the “Coming Soon/No Show” status for a maximum of ten (10) business days – requires a signed Coming Soon / No Show Status Seller Authorization Form.
- A Waiver of MLS Benefits Form will be used for office exclusives (no public marketing). Any listing with a Waiver of MLS Benefits Form already on file with Maine Listings will be grandfathered.
- The Maine Listings Rules and Regulations have been revised for adherence and discipline of the new policy (noted in a redline version).
Here are some additional important resources from Maine Listings:
You can find more detailed information on NAR’s Clear Cooperation policy, including an FAQ, by clicking here.