Learn more about the NAR Clear Cooperation Policy
In November of 2019 NAR created the Clear Cooperation Policy to address the issue of pocket listings, coming soon listings and their attendant problems.
Read about the NAR Clear Cooperation Policy Here
Local Boards are adopting severe fines and sanctions to deter agents from violating this National policy.
The Northwest Ohio Board will fine people $2000 for advertising without having a property in the MLS. (See the language below.) There is no warning and no exception to this fine.
Please be aware that your local board may have similar sanctions.
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):
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)
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 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.