Clear Cooperation Policy 8.0

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.

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.

Yes. By establishing a national policy, it is mandatory that all REALTOR® Association MLSs adopt the policy and have the same consistent standard.

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.

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.

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.

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.

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.

MLS compliance, including NAR® policy 8.0,  is activated once a listing agreement is signed by all required parties. For scenarios in which no listing agreement is in place, Stellar MLS recommends that you consult with your broker and/or reach out to the Florida Realtors Legal Hotline for information if you suspect/or have concerns about a FREC/Code of Ethics violation.

No. Stellar MLS requires that a broker submit a listing within 5 business days of a signed listing agreement. If a listing is taken and is not yet ready to be marketed/shown, an Owners Exclusion Form must be filed. If a listing is marketed to the public, however, Policy Statement 8.0’s one business day turn-in timeline goes into effect.

Business days exclude Saturdays, Sundays and holidays. For consistency among all REALTOR® Association MLSs, the approved timeframe is 1 business day.; “holidays” include all recognized federal and state holidays.

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.

Properties personally owned by individual Participants or Subscribers where the owner is the listing agent are optional.  This does not apply to properties owned by a business entity.

The MLS exists to facilitate cooperation and compensation. If you choose to advertise a property without a listing agreement on third party websites your compensation and/or broker participation is not guaranteed.

Neither a seller nor bank, or any other 3rd party can direct an agent to break the MLS rules that all Participants and Subscribers must abide.

If there is a question for verification purposes, you may send the banks or 3rd parties the MLS rules, and they will adjust their requirements as needed. Banks are also being made aware of the Clear Cooperation policy from NAR.

Yes, however showing the property while on a Temporary Exclusion would be considered public marketing and a Clear Cooperation “trigger” to enter the listing into the MLS within 1 business day.

The showing would not trigger the property to be entered into the MLS if the listing were an Office Exclusive, shown only to an internal client of the firm.

For properties that have exclusion forms filed with the MLS (Temporary or Office Exclusive), all forms of social media marketing during the exclusion time period violate the 8.0 policy.

A commission agreement does not provide permission to market the property.

The Stellar MLS Board of Directors is currently exploring the feasibility and options for having a coming soon status.

Per Stellar MLS Rules and Regulations, violating Policy 8.0 is considered a level 3, severe fine. The level 3, severe fine structure is as follows:

1. 1st Offense: $500
2. 2nd Offense: $2,500
3. Further offenses for same violation will result in a mandatory hearing before a board hearing panel with allowable maximum monetary penalty of up to $15,000, possible suspension/termination of MLS privileges and services and other provisions in accordance with MLS Rules and Regulations Article 11.

For more information on the Stellar MLS fine structure, view Article 11.4 here.