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MLS Clear Cooperation Policy
NOTICE: NAR® Clear Cooperation 8.0
Goes into Effect for ALL MIAMI MLS Members April 20, 2020
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)
FLYERS Displayed in Windows
YARD Signs
Digital MARKETING
on public facing websites including Social Media & applications available to the public
BROKERAGE Website Display
(including IDX and VOW)
Digital Communication MARKETING
(email blasts)
Multi-brokerage LISTING
sharing networks
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.
NEW FORMS: When to Use Each Form
Office Exclusive / Exempt Listing
No entry in the MLS.
“Office exclusive” listings are an important option for sellers concerned about privacy and wide exposure of their property being for sale. In an office exclusive listing, direct promotion of the listing between the brokers and licensees affiliated with the listing brokerage, and one-to-one promotion between these licensees and their clients, is not considered public advertising.
Once public marketing begins the listing MUST be entered into the MLS within ONE business Day.
Download Form: Click Here
Syndication Opt-out
Entry in the MLS.
When homeowner(s) does not want listing to be syndicated to real estate sites on the internet (includes Realtor.com and Homes.com) and Brokerage sites via IDX. Option a
Form is also used when homeowner(s) does not want address of property to be displayed on internet sites. Option b
Download Form: Click Here
New Forms
Submission of form and the complete listing contract is required to be submitted to mls@miamire.com within 2 days of the dated signature of the owners(2) of record or the listing effective date on the Listing Agreement if not entered immediately into the MLS.
Forms Effective April 20, 2020
How can I report an Off-MLS Property?
If you believe a property is being publicly marketed and is not listed in the MLS, you can submit documentation and request an MLS Review. MIAMI MLS requires documentation to investigate. Upload a file or image reflecting the public marketing and email to OffMLS@Miamire.com. This documentation includes at least one of the following:
- Photo of For Sale Sign
- Copy of screen shot showing the link to the site with the property on it
- Copy of Flyer with the listing information
- Email blast solicitation
- Screen shot of listing appearing on a private network
- Screen shot of listing appearing on Social Media
Frequently Asked Questions
- Will you have an addendum for site unseen purchases and leases and how to address this?
- What to do if listing agent is not responding to showing requests?
- What Language should be added in listings – for properties that cannot be shown?
- Theresa mention we need to focus in the next 7 days to do virtual videos etc , but Right now we cannot go to make the videos the houses are occupied and we are in quarantine.
- What is the website for the May 10 day virtual open house?
- If we have the listing TOM Temporary out of the Market , to enter the Virtual open houses we need to put them back into the market as active? do we need to be in the house?? or we can put a video of the house made before the coronavirus since owner ocupied and they do not allowed me to go in again?
- I’m looking at a listing that allows advertising, but it doesn’t say it anywhere. I usually print a copy of the MLS agent full view, just in case there’s an issue down the road. Can you ask Corelogic to add that field under the Agent information?
- For consumer means that Consumers non agents not member of MLS will be able to access out MLS open houses?
- What if it is yes available to advertize ans so you advertize but the broker changes it to No while you already advertized it? How will we know that they changed it from yes to no to advertise?
- Does the agent have to indicate on the advertisment the listing belongs to the broker company or have any indication it is not their listing?
- With the Clear Cooperation, there are companies like invitation homes who are marketing some of their properties and not all of their listings. Does this apply to companies who use the mls for only some of their listings?
- Does Coming Soon means agent will be listing a property in the mls soon? Soon to obtain a signed listing agreement?
- Does Coming Soon status requires a Listing Agreement signed by owner?
- Please clarify difference between “coming soon” not on MLS & a pocket listing.
- Is coming up soon available for Rappatoni as well?
- Question: regarding in person showings, when we’ll be able to show Condominium to a buyer that is ready to purchase?
- So what happens when a Seller does not want to give the exclusive listin to one broker? but he wants an agent to bring the buyer to the table?
- Are we will be able to do advertising on other agents listings??
- Asking about the e-video of the house or property put in the mls, can we send it to the prospects? Of course from the mls?
- What are we doing against those brokers and or real estate agents that are actiing as for sale by owners and trying to sell properties and they are not disclosing that they are real estate agents ?
- How about REO properties that are undergoing repairs or awaiting pricing decision, can we market as “Coming Soon”?
- Exempt- Vacant Land. Does that include RLD een though it is resi?
- Does Public Marketing inslude Social Media? Instagram, Snap, Facebook, TicTok etc? (I answered yes, but we should add to FAQ)
- Why are the owner/developers exempt from this process if they are using real estate professionals?
- Are virtual open house listed on major websites like realtor.com
- Does this affect a Realtor selling their own property as a FSBO and advertising on their social media?
- I would like to know if virtual showings is also for rent properties.
- Do ALL REALTOR® Association MLSs have to adopt the MLS Clear Cooperation Policy?
- Can a seller or the listing broker “opt out” of the policy’s obligations?
- What is the meaning of “business day?”
- How does the new deadline of “1 business day from marketing a property to the public” correspond with the existing local MLS’s filing deadline, which varies from MLS to MLS?
- Is the new policy consistent with Article 3 of the NAR Code of Ethics?
- Does the new policy require changes to the local MLS rules?
- Why was this policy approved?
- Who made the decision that this policy was needed?
- Does Policy Statement 8.0 require listings to be included in an MLS’s IDX displays?
- Does Policy Statement 8.0 prohibit office exclusives?
- Does Policy Statement 8.0 require listings to be submitted to the MLS if they are advertised to a select group of brokers outside the listing broker’s office?
- Does Policy Statement 8.0 apply to non-active listings?
- Does Policy Statement 8.0 require a broker to turn in every listing to the MLS within 24 hours of signing the listing?
- How can an MLS address compliance?
- My current listing was signed as a Seller Opt-Out. Are my sellers and I exempt from Clear Cooperation?
- My Seller had me take his listing Temporary Off the Market before Clear Cooperation went into effect – what do I need to do when it comes back on the market?
- What exclusive listings and property types are applicable under the new MLS Statement 8.0?
- Why was the time-frame within the recommendation updated to ‘one business day’?
- What is the timeline for this Policy?
- How can I report an Off-MLS Property?
FAQ Answers
- Do ALL REALTOR® Association MLSs have to adopt the MLS Clear Cooperation Policy?
Yes. By establishing a national policy, it is mandatory that all REALTOR® Association MLSs adopt the policy and have the same consistent standard.
- Can a seller or the listing broker “opt out” of the policy’s obligations?
No. The new policy does not include an “opt out.” Any listing that is “publicly marketed” must be filed with the service and provided to other MLS Participants for cooperation within (1) one business day.
- What is the meaning of “business day?”
Business days exclude Saturdays, Sundays and holidays. The NAR MLS Advisory Board specifically revised the policy’s timeframe 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 timeframe is 1 business day.; “holidays” include all recognized federal and state holidays.
- How does the new deadline of “1 business day from marketing a property to the public” correspond with the existing local MLS’s filing deadline, which varies from MLS to MLS?
The local MLS’s filing deadline, typically found in Section 1 of the MLS rules, is the amount of time that a broker has to file the listing with the service after receiving all of the appropriate signatures on the listing contract. Once a broker begins to publicly market the property, they have 1 business day to file the property with the service. Specific questions about filing deadlines can be directed to your local MLS.
- Is the new policy consistent with Article 3 of the NAR Code of Ethics?
Yes. By joining the MLS, Participants agree to be bound by the MLS Rules and Regulations. Per the policy’s rationale, the public marketing of a listing indicates that the MLS participant has concluded that cooperation with other MLS participants is in their client’s best interests.
- Does the new policy require changes to the local MLS rules?
Yes. MLSs can adopt the specific policy language under Listing Procedures. Below are the changes to the NAR model MLS Rules. These changes will be reflected in the Model MLS Governing Documents found in the 2020 Handbook on Multiple Listing Policy (updated version expected January 2020)(Additions highlighted in bold)Section 1.01 – Clear CooperationWithin 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)Note: Exclusive listing information for required property types must be filed and distributed to other MLS Participants for cooperation under the Clear Cooperation Policy. This applies to listings filed under Section 1 and listings exempt from distribution under Section 1.3 of the NAR model MLS rules if it is being publicly marketed, and any other situation where the listing broker is publicly marketing an exclusive listing that is required to be filed with the service and is not currently available to other MLS Participants.Section 1.3 Exempt ListingsIf 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.
- Why was this policy approved?
Brokers and MLSs from across the country asked NAR to consider policy that will reinforce the consumer benefits of cooperation. The MLS creates an efficient marketplace and reinforces the pro-competitive, pro-consumer benefits that REALTORS® have long sought to support. After months of discussion and consideration within NAR’s MLS Technology and Emerging Issues Advisory Board, this proposal was brought forth for the industry to discuss and consider, then approved by NAR’s Board of Directors.
- Who made the decision that this policy was needed?
NAR’s MLS Technology and Emerging Issues Advisory Board is made up of brokers and MLS executives from across the country. Two dozen volunteers review industry concerns from a wide range of business and regional viewpoints. Potential policy changes are discussed within the group to create a positive impact on the industry and to address broker needs within the marketplace. The policy was strongly supported by the NAR MLS Committee and the NAR Board of Directors.
- Does Policy Statement 8.0 require listings to be included in an MLS’s IDX displays?
No. While listings that are displayed on the Internet must be submitted to the MLS and distributed to other MLS participants for cooperation, submitting a listing for cooperation within the MLS does not necessarily require that listing to be included in an MLS’s IDX display, if the seller has opted out of all Internet display. Per MLS rules, participants can work with their listing clients to determine an appropriate marketing plan, taking into account the client’s needs and full disclosure of the benefits to market exposure.
- Does Policy Statement 8.0 prohibit office exclusives?
No. “Office exclusive” listings are an important option for sellers concerned about privacy and wide exposure of their property being for sale. In an office exclusive listing, direct promotion of the listing between the brokers and licensees affiliated with the listing brokerage, and one-to-one promotion between these licensees and their clients, is not considered public advertising.Common examples include divorce situations and celebrity clients. It allows the listing broker to market a property among the brokers and licensees affiliated with the listing brokerage. If office exclusive listings are displayed or advertised to the general public, however, those listings must also be submitted to the MLS for cooperation.
- Does Policy Statement 8.0 require listings to be submitted to the MLS if they are advertised to a select group of brokers outside the listing broker’s office?
Yes. “Private listing networks” that include more brokers or licensees than those affiliated with the listing brokerage constitute public advertising or display pursuant to Policy Statement 8.0. Listings shared in multi-brokerage networks by participants must be submitted to the MLS for cooperation.
- Does Policy Statement 8.0 apply to non-active listings?
Yes. Policy Statement 8.0 applies to any listing that is or will be available for cooperation. Pursuant to Policy Statement 8.0, “coming soon” listings displayed or advertised to the public by a listing broker must be submitted to the MLS for cooperation with other participants. MLSs may enact “coming soon” rules providing for delays and restrictions on showings during a “coming soon” status period, ensuring flexibility in participants’ listing and marketing abilities, while still meeting the participant’s obligations for cooperation.
- Does Policy Statement 8.0 require a broker to turn in every listing to the MLS within 24 hours of signing the listing?
No. MLSs have different local rules as to listing turn-in times. If a listing is taken and is not yet ready to be marketed/shown, longer timelines for turn in may apply in local markets. If a listing is marketed to the public, however, Policy Statement 8.0’s 24 hour turn-in timeline goes into effect.
- How can an MLS address compliance?
Compliance is up to local determination. The policies in the markets previously discussed usually include an escalating process of warnings and fines. Reporting of non-compliance is often taken care of by the marketplace. When listings are publicly marketed, agents and consumers become aware and can report unsubmitted listings by MLS participants to the MLS.
- My current listing was signed as a Seller Opt-Out. Are my sellers and I exempt from Clear Cooperation?
No. The new policy does not include an “opt out.” Any listing that is “publicly marketed” must be filed with the service and provided to other MLS Participants for cooperation within (1) one business day. If there is an extension of the listing, an Updated Status Change Form must be signed PLUS a signed Office Exclusive Form – Both forms must be submitted to MLS@Miamire.com within 2 business days of extension being signed.
- My Seller had me take his listing Temporary Off the Market before Clear Cooperation went into effect – what do I need to do when it comes back on the market?
Nothing. The listing was already entered into the MLS and will be shared with all members again when it comes back on the market.
- What exclusive listings and property types are applicable under the new MLS Statement 8.0?
The obligations of Statement 8.0 were specifically adopted to address concerns with residential “for sale” exclusive listing contracts required to be filed with the service. Based on the Advisory Board’s discussions that did not include commercial properties, rental properties, and new construction developments with multiple properties (single family homes, condos, etc.) Those property types, and other exclusive listings that require mandatory submission, can be included in the application of Statement 8.0 at local discretion.
- Why was the time-frame within the recommendation updated to ‘one business day’?
The MLS Tech and Emerging Issues Advisory Board held a conference call on October 30, 2019. Based on feedback and concerns over the time enforcement, the timeframe was changed from ’24 hours’ to ‘one business day.’
- What is the timeline for this Policy?
The policy is effective from January 1, 2020 with local implementation required by no later than 5/1/2020
- How can I report an Off-MLS Property?
If you believe a property is being publicly marketed and is not listed in the MLS, you can submit documentation and request an MLS Review. MIAMI MLS requires documentation to investigate. Upload a file or image reflecting the public marketing and email to OffMLS@Miamire.com. This documentation includes at least one of the following:- Photo of For Sale Sign
- Copy of screen shot showing the link to the site with the property on it
- Copy of Flyer with the listing information
- Email blast solicitation
- Screen shot of listing appearing on a private network
- Screen shot of listing appearing on Social Media
- Will you have an addendum for site unseen purchases and leases and how to address this?
Covid-19 Extension to purchase has a clause to extend the due diligence period.
- What to do if listing agent is not responding to showing requests?
With Covid-19 Stay at Home orders in effect, showings are likely being restricted by the Seller. Contact the listing Agent or Broker Manager for specific information and if a virtual streaming Showing-Open House can be arranged.
- What Language should be added in listings – for properties that cannot be shown?
See Temporary guidelines at miamirealtors.com/mls
No in person showings available at this time. Be sure to indicate if a virtual tour/video is available or a virtual Showing can be scheduled.
- Theresa mention we need to focus in the next 7 days to do virtual videos etc , but Right now we cannot go to make the videos the houses are occupied and we are in quarantine.
Make sure your first 15 photos are the best photos. Immoviewer
Many Sellers will schedule a time for the listing agent to record a Virtual Open House. If not some Sellers are willing to record their house for their agent.
- What is the website for the May 10 day virtual open house?
SouthFloridaOpenHouseSearch.com
- If we have the listing TOM Temporary out of the Market , to enter the Virtual open houses we need to put them back into the market as active? do we need to be in the house?? or we can put a video of the house made before the coronavirus since owner ocupied and they do not allowed me to go in again?
Correct. Listing needs to be Active to Add an Open House. We do allow a Recorded Virtual Open House in to Open House URL field
- I’m looking at a listing that allows advertising, but it doesn’t say it anywhere. I usually print a copy of the MLS agent full view, just in case there’s an issue down the road. Can you ask Corelogic to add that field under the Agent information?
The Ok to advertise field is located near the bottom of the Agent Full report, under Blogging
- For consumer means that Consumers non agents not member of MLS will be able to access out MLS open houses?
Yes, Our “SouthFloridaOpenHouseSearch.com” is open to the public (consumer facing website). These properties are from the Matrix “Public” Open House search
- What if it is yes available to advertize ans so you advertize but the broker changes it to No while you already advertized it? How will we know that they changed it from yes to no to advertise?
Always save a copy of the listing showing it was Ok to Advertise , or the written permission you received from the Broker.
- Does the agent have to indicate on the advertisment the listing belongs to the broker company or have any indication it is not their listing?
No. If asked the name of the listing office must be disclosed.
- With the Clear Cooperation, there are companies like invitation homes who are marketing some of their properties and not all of their listings. Does this apply to companies who use the mls for only some of their listings?
Yes. By participating with the MLS Brokers and Agents agree to abide by the MLS Rules
- Does Coming Soon means agent will be listing a property in the mls soon? Soon to obtain a signed listing agreement?
No. Coming Soon indicated a signed listing agreement that is not currently available to be shown (pending Paint, Repairs, declutter etc. or Photo’s) and is still subject to the Clear Cooperation policies / one business day rule
- Does Coming Soon status requires a Listing Agreement signed by owner?
Yes
- Please clarify difference between “coming soon” not on MLS & a pocket listing.
Pocket Listings is not on the MLS
Off MLS is not in the MLS
Coming Soon is in the MLS but not available to show or to be marketed.
- Is coming up soon available for Rappatoni as well?
Yes It will be a new status added to both MLS Systems
- Question: regarding in person showings, when we’ll be able to show Condominium to a buyer that is ready to purchase?
This is beyond our control. Condominium Association make the rules for their condo owners
- So what happens when a Seller does not want to give the exclusive listin to one broker? but he wants an agent to bring the buyer to the table?
As it pertains to the MLS MIAMI MLS requires exclusive listing agreement to enter the listing in the MLS, it does not allow open listings.
- Are we will be able to do advertising on other agents listings??
Yes. Several Brokers have agreed to allow their listings to be advertised. Look for Ok to Advertise=Yes
- Asking about the e-video of the house or property put in the mls, can we send it to the prospects? Of course from the mls?
Yes if the Virtual Tour/Video field is provided
- What are we doing against those brokers and or real estate agents that are actiing as for sale by owners and trying to sell properties and they are not disclosing that they are real estate agents ?
Chapter 475 requires a disclosure. Complaints can be filed directly on myfloridalicense.com
- How about REO properties that are undergoing repairs or awaiting pricing decision, can we market as “Coming Soon”?
No Coming Soon listings cannot be marketed. Please note we don’t currently have a coming soon status
- Exempt- Vacant Land. Does that include RLD een though it is resi?
Yes All land is exempt
- Does Public Marketing inslude Social Media? Instagram, Snap, Facebook, TicTok etc? (I answered yes, but we should add to FAQ)
Yes.
- Why are the owner/developers exempt from this process if they are using real estate professionals?
Builder/Developers who list their properties with MIAMI MLS participants are not exempt from Clear Cooperation.
- Are virtual open house listed on major websites like realtor.com
Yes. A virtual Open House is not a Virtual Tour/Video
- Does this affect a Realtor selling their own property as a FSBO and advertising on their social media?
It should be defined in your independent Contractors agreement you signed with your Broker. Please note this property cannot have a Real Estate company sign on it.
- I would like to know if virtual showings is also for rent properties.
Yes. Rental properties can have a Virtual Showing/Open House and Virtual Open House can appear on SouthFloridaOpenHouseSearch.com