What is the NAMLS Clear Cooperation Policy?

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.

*Business days exclude Saturdays, Sundays and holidays. The NAR MLS Advisory Board specifically revised the policy’s time frame due to concerns with enforcement to provide greater flexibility for days when submitting the listing to the service could be a challenge. For consistency among all REALTOR® Association MLSs, the approved time frame is 1 business day; “holidays” include all recognized federal and state holidays.

When does the policy go into effect? 

January 1, 2020 (fine notices to begin May 1, 2020) 1st offense: $500 per property. Fine will increase by $250 for each additional occurrence/per property. 

Why was the policy created?  

The policy was created to provide sellers with access to the largest possible group of buyers and buyers with the widest possible selection of listings. It was also created to encourage competition and cooperation of professionals within the marketplace.

Will I get fined for something I didn’t realize was against the new policy? 

We will take education-first stance when it comes to compliance with the Rules and Regulations. A warning will be sent with opportunity provided to enter the listing. If a fine is assessed, an appeal processes also available.

How do I report a Violation? 

To report a violation, email feedback@nazrealtor.com or click HERE to make a web submission. If you're reporting a violation, include the following information:

FULL address of the property

Listing agent name and company

Documentation (image of sign, URL of property, email, flyer, etc.)

How does this new policy deal with Office Exclusives and private listings?
The policy allows for Office Exclusives, or private listings, on the condition that they are marketed through internal office networks, but not publicly to other agents outside of their brokerage firm or publicly to consumers.

What is public marketing? 
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.

If a seller or sellers spouse posts on Facebook that their house is listed and call ABC Realtor, does that count as advertising even if the agent isn't the one who advertised the listing? 
Yes, that would be considered public marketing requiring the listing to be input into the MLS and shared with other Participants and Subscribers.

What if a third party posts the property for sale on Facebook? For example, photographer offers a "service" where he will post the property on Facebook the same day he shoots it. Does this constitute public advertisement? Would the Listing Member be held to Clear Cooperation in this case? 
The listing member would be held to clear cooperation. As the listing agent, you should have total control over marketing the property, and that includes talking to your vendors that are part of the marketing process.

Would agents posting listings on a closed Facebook page created to advertise “Coming Soon” listings be considered advertising? 
Yes, this would be considered marketing requiring any listings posted on the site to be entered into the MLS.

Would an Office Caravan be considered advertising? 
If the office caravan is solely between the listing broker and her agents, then this sounds like it would be covered under the office exclusive handling. So long as there is no public marketing outside of the listing brokerage then the listing, assuming it was excluded from the MLS from the get go, would not need to be submitted under this policy. However, if the caravan includes brokers/agents from an outside brokerage then yes, that would be public marketing.

NAMLS Clear Cooperation Series

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