NAR: MLS Statement 8.0 Clear Cooperation Policy, approved in November 2019:
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, and applications available to the general public. (Adopted 11/19)
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 he does not desire the listing to be disseminated by the service.
Note 1: Section 1.3 is not required if the service does not require all (indicate type[s] of listing[s] accepted by the service) listings to be submitted by a participant to the service.
Note 2: MLS Participants must distribute exempt listings within (1) one business day once the listing is publicly marketed. See Section 1.01, Clear Cooperation.
MLSOK Compliance Guidelines:
SECTION 5: SERIOUS VIOLATIONS:
Section 1.01 – Clear Cooperation and Section 1.3 Exempt Listings:
- Failure to enter a listing within one (1) business day after publicly marketing the property;
- Failure to file with the MLS, within two (2) business days, any certification executed by seller of seller’s request that property shall be exempt from MLS;
Fines for Serious Violations are as follows:
First Infraction: Warning notification
Second Infraction: $250.00 fine
Third Infraction: $500.00 fine; and referral to MLS Board of Directors for review and discipline if applicable.
SECTION 7: ADDITIONAL FINES
Publicly marketing a property located within the MLS Listing Area without a valid and
enforceable Exclusive Listing Agreement
$2,500.00 fine