The National Association of REALTORS® (NAR) Updates
Important Updates to Clear Cooperation Policy
At Stellar MLS, we are committed to providing clarity, stability, and support in a real estate industry defined by constant change. We’d like to share an important update regarding changes to the Clear Cooperation Policy and what they mean for you—our valued Stellar MLS customers.
This week The National Association of REALTORS® (NAR) announced an update to its Clear Cooperation Policy (CCP), adopting a new MLS policy, "Multiple Listing Options for Sellers."
This new policy gives sellers and their agents more flexibility in how listings are entered into the MLS—while still supporting fair housing and ensuring all buyers and their agents get equal access to listing information.
This update does not replace the Clear Cooperation Policy.
Please note: The Delayed Marketing Options for Sellers ARE NOT yet in effect for Stellar MLS Customers!
What this Means for You:
- A consumer will have the option to market their home as a "delayed marketing exempt listing".
- Consumers may instruct their listing agent to delay marketing the property to agents outside the listing firm via IDX syndication for a specified period of time.
- During this period, the home seller and listing agent can then market the listing in a manner that aligns with the seller's needs and interests.
- Listing agents whose sellers choose to delay public marketing must obtain a signed disclosure confirming the seller’s informed consent to waive broader marketing efforts.
- The listing will remain available to other MLS Participants and Subscribers through the MLS so they can inform their consumers of the property.
- This new policy does not alter local MLS mandatory submission deadlines or the Clear Cooperation Policy. Listings must still be filed with the MLS within one business day of any public marketing.
Additional Resources
You can click the links below to access additional resources provided by NAR!
Frequently Asked Questions for Updated Clear Cooperation Policy
What was the result of NAR’s evaluation of Clear Cooperation Policy (CCP)?
• After extensive analysis, NAR has created a new MLS policy, Multiple Listing Options for Sellers Policy.
• The Multiple Listing Options for Sellers Policy will work alongside CCP and other MLS policies to provide sellers and their agents more options and choice when marketing a property, while also supporting fair housing by providing buyers and their agents with equal access to important MLS property information.
• NAR is also clarifying its policy interpretation of CCP that one-to-one, broker-to-broker communications do not trigger the requirements of CCP. However, multi-brokerage communications about a listing will constitute public marketing under CCP.
What is the Multiple Listing Options for Sellers policy?
• The Multiple Listing Options for Sellers Policy introduces a new category of exempt listings called “delayed marketing exempt listings.”
• This means a seller can instruct their listing agent to delay the marketing of their listing by other agents outside of the listing firm through IDX and syndication for a period time as determined by the local MLS.
• During the delayed marketing period, the home seller and the listing agent can market the listing in a manner consistent with the seller’s needs and interests. At the same time, the delayed marketing will still be available to other MLS Participants and Subscribers through the MLS platform so they can inform their consumers about the property.
• Listing agents representing sellers who choose to delay the public marketing of their listing must secure from the seller a signed disclosure documenting the seller’s informed consent to waive the benefits of immediate public marketing through IDX and syndication. Seller disclosure is required for both delayed marketing exempt listings and office exclusive exempt listings.
• Please note, the new policy does not change an MLS’s local mandatory submission deadlines or CCP and its requirement to file a listing with the MLS within one (1) business day from public marketing.
Has CCP changed? Is it still in effect?
• CCP itself remains unchanged and in full effect.
• The Multiple Listing Options for Sellers Policy will work alongside CCP and other MLS policies to provide sellers and their agents more options and choice when marketing a property, while also supporting fair housing by providing buyers and their agents with equal access to important MLS property information.
Is a delayed marketing exempt listing the same thing as an office exclusive?
• No, an office exclusive listing is an exempt listing where the seller has directed that their property is not disseminated through the MLS and is not publicly marketed.
• An office exclusive listing may require submission under local MLS rules but not disseminated to other MLS Participants and Subscribers.
• The Multiple Listing Options for Consumers Policy requires listing brokers to obtain a certification from sellers for an office exclusive listing.
Who has the authority to decide whether to delay marketing of a listing?
• A seller must authorize their listing agent to delay marketing of their property.
• Listing agents representing sellers who choose to delay the public marketing of their listing must obtain from their seller a signed disclosure documenting the seller’s informed consent to waive the benefits of immediate public marketing through IDX and syndication.
• Seller disclosure is required for both delayed marketing exempt listings and office exclusive exempt listings.
How long is the delayed marketing window and who determines it?
Each MLS has discretion to determine a delayed marketing time period that is most suitable for their local marketplace.
Why is NAR not mandating a specific length for the delayed marketing window?
MLSs are best positioned to establish a delayed marketing time period that reflects the business practices for their brokerage community.
Prior to formal implementation, we encourage MLSs to consult with brokers and stakeholders in their market to get their input on the allowed time period for delayed marketing exempt listings.
How is “days on market” defined?
Multiple Listing Options for Sellers Policy does not define “days on market” or require MLSs to track or report time on market information.
This is a matter typically addressed within local MLS business rules.
Can a seller and listing broker advertise their delayed marketing exempt listing on other websites in addition to the listing broker's website?
Yes. During the delayed marketing period, the home seller and the listing agent can market the listing in a manner consistent with the seller’s needs and interests.
Can a seller still choose to market their property as an office exclusive?
Yes, a home seller can choose to have their property marketed as an office exclusive exempt listing.
This means the property will not be disseminated on the MLS to other MLS Participants and Subscribers, and that the listing will not be publicly marketed.
Does the time period during which a listing’s marketing is delayed count toward days on the market?
Each MLS has discretion to determine whether to track days/time on market information for a delayed marketing exempt listing and how to report it.
Does an MLS have to show price change history of a delayed marketing exempt listing while in this status?
An MLS is not required to track or report price change information other than the most recent increase or decrease in the price of current listings.
Each MLS has discretion to determine whether to track change history for a delayed marketing exempt listing and how to report it.
How does the new delayed marketing exempt listing time period impact the mandatory submission requirements of the local MLS?
The new policy does not change an MLS’s local mandatory submission deadlines or CCP and CCP’s requirement to file a listing with the MLS within one (1) business day from public marketing.
Is a delayed marketing exempt listing available for other MLS Participants and Subscribers and their consumers to view and access during the delayed marketing period?
Yes, a delayed marketing exempt listing will still be available to other MLS Participants and Subscribers through the MLS platform so they can inform their consumers, arrange showings, and/or submit offers like other active listings in the MLS.
Can a broker share information about a delayed marketing exempt listing with their consumer during the delayed marketing period?
Yes, a delayed marketing exempt listing will still be available to other MLS Participants and Subscribers through the MLS platform so they can inform their consumers about the property.
Can an MLS share delayed marketing exempt listings through a Brokerage Backoffice Feed or through consumer-oriented vehicles (email, list sheet)?
Yes, subject to local MLS rules and procedures, a delayed marketing exempt listing can be shared by MLS Participants and Subscribers through means that are not IDX and syndication so they can inform their consumers about the property.
Can an MLS show a delayed marketing exempt listing on their public-facing website?
No, an MLS’s public-facing website would be considered syndication.
Can a delayed marketing exempt listing be shown on a VOW display?
Yes, VOW display is not for advertisement but rather to help with the provision of brokerage services to consumers with whom there is an established broker-consumer relationship.
A VOW display must meet all the requirements set forth in NAR MLS policy. For more details go to, online VOW resources available at nar.realtor.
Frequently Asked Questions for Disclosure Statements
What terms are included in the disclosure certification required by the Multiple Listing Options for Sellers Policy Statement?
The seller certification must include:
A disclosure about the professional relationship between the Participant and the seller;
Acknowledgement that the seller understands the MLS benefits they are waiving or delaying with the exempt listing, such as broad and immediate exposure of their listing through the MLS; and
Confirmation of the seller’s decision that their listing will not be publicly marketed and disseminated by the MLS as an office exclusive listing or that their listing will not have immediate public marketing through IDX and Syndication as a delayed marketing listing.
Does the disclosure certification have to be included in the filing of a delayed marketing exempt listing?
Seller disclosure is required in order to file a delayed marketing exempt listing.
However, each MLS has discretion in how to enforce their policy and rules, which may or may not include the requirement to file the disclosure form with the MLS.
Frequently Asked Questions about Timeline Implementation
When does the delayed marketing exempt listing option take effect?
Multiple Listing Options for Sellers Policy is effective March 25, 2025, and must be implemented by September 30, 2025.
When will local MLSs announce the time period for marketing delays?
Local MLSs can announce and establish their local delay marketing time period at any time, but no later than September 30, 2025.
Can an MLS implement the new MLS policy before September 30, 2025?
Yes, MLSs can implement the new MLS policy at any time, but no later than September 30, 2025.
Prior to formal local implementation, we encourage MLSs to consult with brokers and stakeholders in their market to get their input on the allowed time period for delayed marketing exempt listings.
What action do agents who are REALTORS®, brokerage firms, and MLS executives need to take to comply with the new changes?
MLSs will need to adopt policy language as part of their local MLS rules at any time but no later than September 30, 2025.
MLSs will also need to create the necessary functionality and support that allows for listing agents, with authority from their seller, to delay the marketing of a listing by other agents outside of the listing firm through IDX or syndication for a set time period.
Prior to formal implementation, we encourage MLSs to consult with brokers and stakeholders in their market to get their input on the allowed time period for delayed marketing exempt listings.
Frequently Asked Questions about Member Implications
What do these changes mean for seller’s agents who are REALTORS® and/or MLS participants?
Sellers’ agents who are REALTORS® and/or MLS Participants will be able to offer additional marketing options to their clients in a manner consistent with the clients’ needs and interests.
Agents representing sellers who choose to delay the public marketing of their listing must secure from their seller a signed disclosure documenting the seller’s informed consent to waive the benefits of immediate public marketing through IDX and syndication.
What do these changes mean for buyer’s agents who are REALTORS® and/or MLS participants?
Buyers’ agents who are REALTORS® and/or MLS Participants will potentially see more listings on MLSs that can be shared with their clients from sellers who want greater control over the marketing of their property due to the sellers’ personal preferences.
What do these changes mean for brokerage firms?
Brokerage firms will be able to offer additional marketing options to their consumers in a manner consistent with their needs and interests.
What do these changes mean for MLSs?
MLSs will continue to serve as a reliable, transparent, and accurate data source for available properties for sale while continuing to meet the evolving needs and interests of the selling and buying public.
The Multiple Listing Options for Sellers Policy does not change an MLS’s local mandatory submission deadlines or CCP and CCP’s requirement to file a listing with the MLS within one (1) business day from public marketing.
We encourage MLSs to consult with brokers and stakeholders in their market to get their input on the allowed time period for delayed marketing exempt listings.
The Multiple Listing Options for Sellers Policy will ensure that consumers have additional optionality as to how and when their property is marketed.
How will real estate professionals, consumers, and the industry as a whole benefit from these changes?
These changes empower real estate professionals, consumers, and the industry with additional consumer choice that meets buyer and seller expectations while maintaining the benefits of MLSs, including through transparency and the cooperation that leads to benefits for home buyers and sellers.
Frequently Asked Questions about Consumer Implications
What do these changes mean for home sellers?
Home sellers who want to limit the marketing of their property through IDX and syndication will have more options and choice when marketing a property.
Can any home seller choose to delay marketing of their listing?
Yes.
Why might a home seller choose to delay marketing of their listing?
Home sellers may have many different reasons for deciding to choose the delayed marketing exempt listing option. For instance, some homeowners want to limit the market exposure of their property due to privacy and/or other personal reasons.
Can agents choose to delay marketing of a listing on behalf of the seller without seeking a seller’s consent and disclosure?
No. Listing agents representing sellers who choose to delay the public marketing of their listing must secure from their seller a signed disclosure documenting the seller’s informed consent to waive the benefits of immediate public marketing through IDX and syndication.
What do these changes mean for homebuyers?
Buyers will potentially have more access to important property information about listings in their marketplace.
Frequently Asked Questions about CCP
What is CCP?
Under the Clear Cooperation Policy (CCP), the listing broker must submit the listing to the MLS for cooperation with other MLS Participants within one (1) business day of marketing a property to the public.
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.
When was CCP originally implemented and why?
CCP was originally adopted in November 2019 and implemented by MLSs in May 2020.
The policy was implemented because 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.
Who is subject to CCP?
All MLS Participants and Subscribers who participate in a REALTOR® association owned MLS.
What does it mean to publicly market a listing under CCP?
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.
NAR is also clarifying its policy interpretation that one-to-one, broker-to-broker communications about listings will not trigger CCP requirements.
Do one-to-one, broker-to-broker communications trigger the requirements of the Clear Cooperation Policy?
No. One-to-one, broker-to-broker communications about listings will not trigger CCP requirements.
Frequently Asked Questions about NAR Rationale
Why did NAR evaluate CCP, and why now?
NAR continually reviews its MLS policies to ensure that they best serve its members and their consumers while also mitigating and avoiding potential legal risks.
The Multiple Listing Options for Sellers Policy is the culmination of many months of analysis and deliberation across the agency, including MLS leadership; Association Executives; brokerages of all sizes; agents; multi-cultural partners; and fair housing, policy, technology, and legal experts.
What feedback did NAR receive on CCP?
NAR greatly appreciates the feedback it received from stakeholders across the entire industry, including members, MLS leaders, association executives, brokers, agents, multi-cultural partner organizations, and fair housing, policy, technology, and legal experts.
NAR believes this outcome balances the needs and perspectives across the membership as well as benefits both sellers and buyers.
What are the consequences for not complying with national mandatory MLS policies?
If a REALTOR® Association-owned MLS fails to comply with national mandatory MLS policies, the association will be ineligible for insurance coverage through the NAR Insurance Program.
Section Last Updated: September 2024.
Change is Here, Are you Ready?
The National Association of REALTORS® (NAR) has resolved nationwide claims regarding the MLS Cooperative Compensation Model rule on behalf of home sellers. This means change is coming. Stellar MLS has updated our policies and systems to comply with these new rules, including complete removal of any/all references to compensation from the MLS system, the requirement to use a buyer brokerage agreement prior to showing a property, and strict enforcement of mis-use of MLS content to enable a separate platform for sharing compensation.
Below, you'll find important info, dates, deadlines, and resources to guide you through these updates. We will keep you informed as we move forward and embrace the changes needed at Stellar to accommodate the settlement.
Stellar MLS Empowerment Hour
This comprehensive webinar series will walk you through all the changes to Stellar MLS's system and how you can adapt and thrive in the midst of change.
Weren't able to attend our "Stellar MLS Empowerment Hour" in live session? Catch up on the important insights you missed by watching here!
What in the MLS?
Full Episodes Available Now!
Catch up on our newest Facebook Live video series, "What in the MLS?"! Stellar MLS CEO, Merri Jo Cowen, has broken down all the changes to come to the Stellar MLS system and unpacked essential information like on topics like what's happening to compensation, and how to fully leverage buyer broker agreements!
Countdown to the NAR Impact
Join Stellar MLS CEO Merri Jo Cowen on Facebook Live for a first look at the changes coming to Stellar MLS.
BBA & Showings
Join Stellar MLS CEO Merri Jo Cowen for a deep dive on Buyer Broker Agreements and Showings.
Compensation Gone
Join Stellar MLS CEO Merri Jo Cowen for a deep dive on compensation leaving the MLS.
Clarifying Concessions & Compensation
Join Stellar MLS CEO Merri Jo Cowen on Facebook Live for a deep-dive discussion on the removal of the concession field from the MLS.
What in the MLS: Minisodes
Episode 1:
Overview of Changes
Join Stellar MLS CEO Merri Jo Cowen on Facebook Live for a first look at the changes coming to Stellar MLS.
Episode 2:
Buyer Broker Agreements
Join Stellar MLS CEO Merri Jo Cowen for a deep dive on Buyer Broker Agreements and Showings.
Episode 3:
Compensation Gone
Join Stellar MLS CEO Merri Jo Cowen for a deep dive on compensation leaving the MLS.
Using Buyer Broker Agreements
United in Compliance
In compliance with the NAR settlement, Stellar MLS will update its policies on Buyer Broker Agreements (BBAs), going into effect on August 6, 2024.
A BBA is a contract between a buyer and a real estate broker or agent that defines their working relationship, including roles, responsibilities, and compensation. Starting August 6, 2024, all Stellar MLS brokers and agents must have a BBA with their customers before touring a property.
"Touring" a property occurs when a buyer and/or the agent from the brokerage working with a buyer physically enter a home, or when the agent is physically delivering a live virtual tour where the buyer isn’t present. A home is defined as a residential property of one-four dwelling units. Please note: a Buyer Broker Agreement is not required for any other property class, including rentals.
Key Points to Know
Buyer Broker Agreements formalize the working relationship between you and your customers, defining roles, responsibilities, and expectations. They ensure an exclusive relationship, protect both the customer and the brokerage, and promote transparency and trust. The National Association of Realtors is mandating that the following components be in any BBA:
- The specific amount or rate of compensation and how it will be determined must be clearly disclosed. The amount must be specific, easily verifiable, and not open-ended.
- A clause prohibiting the brokerage from receiving more compensation services than the agreed amount or rate in the BBA.
- A clear statement that broker fees and commissions are not set by law and are fully negotiable.
Ensuring Compliance with Buyer Broker Agreements
While Stellar MLS will not collect Buyer Broker Agreements, we must enforce their existence and ensure all required components are included. Similar to listing contracts, we will request a copy of the original agreement if improper use is reported.
Effective August 6, 2024, any violation of the rule requiring a Buyer Broker Agreement prior to touring a property will result in an automatic $500 fine for first-time offenders.
NAR’s Take on Buyer Broker Agreements
Buyer Broker Agreements help create a long-lasting and cooperative relationship through transparency, ensuring customer connection and building strong relationships with buyers by:
- Clarifying roles and responsibilities of both the buyer's agent and the buyer.
- Defining compensation and commission, if any will be paid.
- Providing legal protections by formalizing the professional relationship.
Watch the full video from the National Association of Realtors® to learn more about buyer broker agreements.
Updates to Seller Concessions to Buyers
Removal of Optional Concession Fields
Stellar MLS previously added an optional concession field in Matrix for sellers to disclose concessions.
After hearing your concerns about restrictions on detailed information, the Stellar Board of Directors has approved the removal of all concession fields from Matrix.
- The optional fields for seller concessions to a buyer have been removed from Stellar MLS Matrix as of Tuesday, August 27, 2024.
- Any data regarding seller concessions in active, temporarily off-market, and pending listings has been removed.
- The statement previously inserted into public remarks on listings with “Concessions=Yes”, has been removed.
- You will now be able to disclose the monetary amount of the seller's concession being offered to the buyer in Public and/or Realtor Remarks, along with any specifics. Please note you may not indicate the amount of the concessions using a percentage — dollar amounts only!
- Any mention of compensation will continue to be a violation of the Rules and Regulations and will result in an automatic fine of $500.
Removal of Concession Fields
This comprehensive webinar tutorial will walk you through updates to Matrix Fields as a result of the removal of optional concession fields in Stellar MLS.
You will also learn what can and cannot be used to disclose information about seller concessions!
Buyers Agents: Showcase Your Value Proposition
In the wake of industry changes, you have a unique opportunity to showcase your value to consumers. As a Stellar MLS agent, we equip you with relevant and innovative services and solutions to support your customers with comprehensive knowledge and expertise. With access to accurate, timely, and expansive data, essential market insights, top-notch customer service, and more, we are here to help you deliver unmatched guidance and support to your customers and prospects throughout their home-buying journey.
We have created downloadable and shareable graphics to boost lead generation and support you as you continue to promote your value as a buyers agent.
Click the graphics below to access printable flyers you can use to generate leads and share with current customers!
Click the graphics below to access social media graphics you can share on your Instagram, Facebook, and LinkedIn accounts, to showcase your value to potential and current customers!
Step Up! What's your value as a real estate professional?
Want to show your customers the true value of a real estate professional? Head over to Realtor.com resources to help you stand-out. Boost your expertise, stay ahead of market trends, and highlight your worth to clients!
Click the image to get started sharing with your customers!
Resources
Additional Resources
Stellar MLS Resources
Stellar Special Edition Newsletters
Florida Realtors/NAR Resources:
Florida Realtors General Resources
For Promoting Value:
Stellar MLS Branded: In The Know
Showcase your Buyer's Agent Value with Realtor.com
Free CE Webinar: Understanding Buyer Broker Agreements
Earn 3 CE credit hours free via Zoom while making sure you're up-to-date on the way the real estate business is changing.
Stay in the Know with Premier by RISMedia!
To access Premier by RISMedia, included in your Stellar MLS subscription, log into Stellar Central®, click the Products & Services, then select Stellar Products, and look for the Premier by RISMedia icon.
Join the Stellar MLS Broker Insider Circle!
Stellar MLS FAQs
Buyer Broker Agreements
For the Buyer Broker Agreement (BBA), does the agent or the broker have to sign?
The settlement only addresses the elements required in written buyer agreements. Florida REALTORS is in the process of amending their form options. Please check with your broker or office manager on office practices and requirements.
How will the MLS be enforcing and tracking the use of a Buyer Broker Agreement (BBA)?
Currently, Stellar MLS will not be collecting agreements, but if it is reported to Stellar MLS that an agent is showing properties without a written agreement, we will investigate and require the agent to provide a copy of the agreement within one business day.
If the BBA complies with the requirements, no action will be taken. However, if the form is not complete or out of compliance with requirements , an automatic Level III fine will be assessed in accordance with the Stellar MLS Rules and Regulations.
Are Buyer Broker Agreements required for Auto Emails?
There is no BBA required in advance of sending auto emails to potential buyers. Once it’s time to show/tour a property, the BBA requirement is triggered. The requirement is to enter into a written agreement, prior to showing properties. In general, “touring” a home means that the buyer and agent enter a house for a live or virtual tour.
What constitutes touring?
NAR FAQTouring a home means when the buyer and the broker, or an agent, at the direction of their broker, enter the house. This includes when the broker or other agent, at the direction of their broker, enters the home to provide a live, virtual tour to a buyer not physically present. See NAR’s FAQ on what constitutes “Touring” :
How is Stellar planning to be in compliance with the buyer broker agreement?
Stellar will remain in compliance with the requirement for a buyer broker agreement prior to touring a property (in person or virtual) by requesting copies of BBAs when necessary, verifying that the form is properly completed and in compliance with the required components. Failure to submit the form upon request or improper form/completion will result in an automatic Level III Severe Penalty.
What is required from us as brokers to be in compliance with the rule that buyers must sign agreements before touring a property?
Beginning on August 6th, brokers will need to have a process in place with their agents for the completion of a BBA before an agent tours/shows a property to a potential buyer. FR forms have been released; brokers may choose to use their own internal forms though the forms must be compliant with the requirements. See our FAQ for the components required.
What are the required contents of a Buyer Broker Agreement per the MLS?
The key components (for MLS purposes) of a BBA are as follows: 1. specific and conspicuous disclosure of the amount or rate of compensation the broker will receive; 2. the amount of compensation noted in a manner that is objectively ascertainable and is not open-ended; 3. provision that prohibits the broker from receiving compensation from any source that exceeds the amount/rate agreed to wth the buyer; and 4. a conspicuous statement that broker fees/commissions are not set by law and are fully negotiable.
If showing multiple homes in one day do I need a form for each showing signed by each broker and my buyers and myself?
For each buyer you are showing property to, a BBA will be required. Example: one buyer, multiple properties, same day, or over multiple days=one agreement; Example #2: showing the same or different property to multiple buyers, a BBA for each buyer.
As the buyer's agent, am I required to send a copy to the listing agent before I show the property?
There is no MLS requirement that you show a copy of a BBA to the listing agent/office before showing; best practice and MLS requirements would dictate that you have one before showing.
Can a listing agent ask for a copy of the Buyer Broker Agreement from buyers agent?
A BBA is a contract between the buyer's broker and the buyer, and it would be inappropriate to request a copy. However, you could certainly ask for verification that the agent has a signed BBA prior to showing.
Do I need to have an agreement walking into an open house with a buyer?
If you are working with a buyer and touring/showing properties in person or virtually, a written BBA is required before entering an open house.
What if I do an open house for a listing that is not mine?
If an agent is hosting an open house for a listing that is not their own, that agent is working on behalf of the seller and no BBA would be required to show to an unrepresented buyer.
If your specific Buyer Broker Agreement amount is X% and it turns out seller is offering more, what happens?
If there is a possiblity of more compensation that is in a BBA, the buyer's agent would need to discuss with the buyer and ask for an amendment to the BBA in order for a higher amount to be received.
Can I accept less from the Buyer than what is in the Buyer Broker Agreement if I choose?
Any changes to the BBA would be handled through an amendment to the BBA with the buyer.
Can you amend a Buyer Broker Agreement as things are very dynamic?
Yes, you can amend a BBA with the buyer's approval.
If a seller is offering a lesser amount, does the Buyer Broker Agreeement need to be amended?
This would be between the buyer and the buyer's broker. It could be amended, or the buyer could choose to pay the difference.
What if a seller offers a bonus to the buyer's agent along with a percentage ?
The buyer's broker cannot receive more compensation than is agreed to in the BBA. The BBA could be amended to authorize a bonus at the discretion of the buyer.
Can a Buyer Broker Agreement say something to the effect of $123 or less or …%abc or less?
No, the amount of compensation that the buyer agrees to be must be specific. Open-ended options are not specific, so no ranges, not general comments that notes "up to", or automatic changes if the seller offers more. The amount must be definitive and any changes will have to be made through an amendment if the buyer agrees.
How does a listing agent of a property handle direct buyer leads who want tour to the property? Do we need a buyers broker agreement signed by them?
Showing a property as the listing agent/office to an unrepresented buyer would NOT require the BBA. An agreement is not required because the broker/agent is performing work for the seller and not the buyer. Use of the BBA is required before a buyer's agent/brokerage shows a property. See NAR FAQ #60-62: https://www.nar.realtor/the-facts/nar-settlement-faqs
Could you please discuss Stellar MLS's decision around requiring the Buyer Broker Agreement rather than written agreement like a Touring Agreement prior to showing?
Stellar MLS requires some form of a BBA and there are several options provided by Florida Realtors that are all compliant with the required inclusions for MLS purposes.
So the listing agent must have them sign at an open house if the move towards purchasing with the listing agent?
If you are the agent hosting the open house, a BBA is not required to show an unrepresented buyer the property, as you are representing the seller at that point. Should the relationship evolve further and you show that buyer more properties listed in the MLS, then a BBA would be required.
If they do not want to sign the Buyer Broker Agreement can we do a showing agreement for the day with addresses included?
Stellar MLS does not require use of a specific form, only that the form used contains the required elements of the settlement. Brokers may develop their own forms, and the Florida REALTORS Exclusive Buyer Broker Agreements (EBBAs), Showing Agreement, and Pre-Touring agreement, all meet the requirements.
What about a video showing? For example: Facetime, WhatsApp, or video call.
If the showing is open to a wide audience, such as a Facebook Live or a video posted to social media that has a wide audience, no BBA would be needed. If you provide a generic virtual tour link from the listing agent, that would not trigger the requirement either. However, if you physically enter a home to deliver a “LIVE” virtual tour for a specific buyer, then yes, a written agreement would be needed.
If a broker requires use of a compliant Buyer Broker Agreement, but agent fills in additional terms that are not compliant, is penalty to agent or broker?
If the form is compliant and the content (MLS requirements) is incomplete, unsigned, or is incorrectly completed, the penalty would go to the agent.
Does a Buyer Broker Agreement create an exclusive relationship with a buyer or can a buyer sign multiple Buyer Broker Agreements with multiple agents?
This is a question for your broker or the FR Legal Hotline
What happens if the buyer refuses to sign the Buyer Broker Agreements?
There are multiple options for a BBA (provided by FR) including one for only specific properties. If you do show a property that is listed in the MLS without a BBA, you will be in violation of the MLS rules and subject to a fine.
Do I need a Buyer Broker Agreement for vacant land?
No. A BBA is only required prior to showing residential properties of one-four units. (rentals are also exempt)
Can we write that the buyer broker compensation is x amount of the property purchase price?
Conspicuous simply means that it needs to be prominent and easily identified, not buried -- for transparency to the buyer. When completing the amount of compensation, it needs to be specific as in your example.
Under buyer agreement stipulations: Disclosure of the amount that the broker will receive compensation from any source. Does this mean when it's my own listing and I'm receiving "both seller and buyer sides"?
This is a question for the FR Legal Hotline or your broker.
Can I show with Buyer Broker Agreements with no charge to the buyer?
Absolutely, the intent of the BBA is to clarify what the buyer's broker will be paid if the property is purchased.
How will it work for leads? I pay for buyer leads and now we need to sign a Buyer Broker Agreement before showing a home so how will that work?
Regardless of the source of a lead, you will need a signed BBA before showing a residential listing that is in the MLS.
If I show one on my brokerage’s listings to an unrepresented buyer, do I need a written agreement with that buyer?
It depends. If working solely on behalf of the seller, a written agreement with the buyer would not be required. However, if at any point you begin providing services to the buyer, then an agreement would be required prior to touring residential property. Please verify with your broker or the FR Legal Hotline.
IDX
Can IDX be used to feed to our own websites if these websites have the compensation posted for each listing?
NAR FAQPer NAR, "MLS Participants may augment MLS data or data feeds with offers of compensation to buyer brokers or other buyer representatives for only listings from their own brokerage.” See NAR’s FAQs on what can and cannot be done with IDX feeds:
Can a Broker website promote compensation?
A broker or an agent with broker approval may display the compensation on the brokerage’s website as it relates to that brokerage’s listings in an IDX feed. As of August 6, 2024, though brokers can work with their IDX vendors to add compensation to their company’s listings.
Can MLS sourced listings be on any site that displays compensation from other brokerages?
NAR FAQThe new rules prohibit using MLS data or data feeds to directly or indirectly establish or maintain a platform of offers of compensation from multiple brokers to buyer brokers or other buyer representatives are prohibited. Misuse of the MLS content in this way could result in the termination of a brokerage/office’s participation in the MLS. See NAR FAQ for more details:
When will Compensation and Commission fields be removed from the MLS?
August 6, 2024.
When will a vendor feed be terminated if fields and historical data are not removed?
We will begin terminating data feeds on August 6, 2024, for non-compliance, with no exceptions.
Does the vendor need to adhere to Stellar’s Rules & Regulations?
Yes! Failure to adhere will result in the feed being terminated.
Does the settlement prohibit brokers from making offers of compensation on their own listings on their websites?
The settlement does not prohibit brokers from offering compensation on their own listings or website.
Can MLS Participants augment MLS data or data feeds with offers of compensation to buyer broker or another buyer representative?
MLS Participants may augment MLS data or data feeds with offers of compensation to buyer brokers or other buyer representatives for only the brokers listings of the brokers own website.
May MLS Data be used to maintain a platform with offers of compensation from multiple brokers?
MLS data cannot be used to maintain a platform with offers of compensation from multiple brokers (and will result in termination of MLS feed).
Is Stellar able to audit my site to ensure compliance?
Yes! Stellar may audit the site and/or request additional proof at any time. Failure to comply will result in the feed being terminated.
I have additional questions about data feeds, who should I contact?
Email vendors@stellarmls.com.
How will removing compensation from the MLS impact broker/agent websites?
All broker and agent IDX websites will be held to the same requirements. Broker may choose to display compensation on their company's listings but cannot show compensation from other brokerages on their IDX website.
If we do not have IDX on our personal website, can we advertise compensation on each listing?
Yes, you can show compensation to the buyer's broker on your company listings.
Can a broker have a link or reference to compensation offered to buyer brokers on his/her website if they also have an IDX feed from the MLS?
A broker may have a separate page on the company/agent websites that refers to compensation to buyer brokers, even if they also have an IDX website. Be aware that including such a link anywhere in the MLS would be a violation of the Rules and Regulations. On the IDX portion of the site, the broker may only display compensation on the company listings - not for other brokerages.
What method can we use to add compensation for our own listings to the IDX listings on our website?
Brokers and agents will need to work with their web developer or IDX vendor to add a separate field for completion, manually or automatically, to your company's listings only.
Compensation
Will compensation fields only be removed from Residential listings?
Compensation fields for all property classes will be removed from the MLS; it is the responsibility of the broker/agent to remove any references to compensation any open text field in Matrix, including but not limited to the public and Realtor remarks.
Once the transition happens how will the commissions be communicated to others
The settlement only prohibits offers on the MLS or on platforms that aggregate offers from multiple brokers using MLS data. It does not prohibit conversations and negotiations outside of the MLS or include requests for compensation and/or concessions in an offer to purchase.
I've been hearing something about "workarounds"?
The MLS can no longer have any compensation-related information in the system. There are no workarounds that will not violate the MLS Rules and Regulations!
Can we say contact us with any questions about compensation?
There can be no direct or indirect reference of compensation to the buyer's brokerage of ANY kind anywhere in the MLS, including but not limited to public remarks, Realtor remarks, open text fields, showing instructions via ShowingTime, photos, attachments, etc. Violation of this rule will result in an automatic, Level III Severe Penalty (first offense is $500). Note: there will be no grace period for this violation and enforcement will begin on August 6, 2024.
Can we provide a link in the realtor remarks section that shows compensation on the listing brokerages website?
Links that lead to compensation information may NOT be added to the MLS under any circumstances. The MLS cannot be used in any way to communicate compensation to the buyer's broker.
Can we say Buyer Broker Friendly or Buyer's Broker Protected or anything similar inside the MLS?
There can be no direct or indirect reference of compensation to the buyer's broker.
Can we put the buyer broker compensation in the Realtor remarks?
No. Compensation to the buyer's broker cannot be noted anywhere in the MLS.
Can we add the amount of compensation to the buyer's broker in the ShowingTime remarks/instructions?
No - ShowingTime is an MLS product, using MLS data, and offers of compensation cannot be made in the product.
Can the seller's broker to buyer's broker commission agreement be added to a listing as an attachment?
There can be no reference to compensation in the MLS, including links to another website or attachments to the listing itself.
Can the buyer broker compensation be paid from closing costs, or would the buyer have to pay their broker/agent on the side outside of closing?
This would need to be negotiated through the sales contract.
Will sold listings still show what compensation was provided?
No. All listings will have the compensation fields removed when the changes take place.
Can someone develop a website with just an address field only for compensation, not using MLS data?
If a website or 3rd party platform is developed that does not use MLS data in any way, it would not be in violation of MLS Rules/Regulations. Brokers may want to consider any potential liability and confer with the FR Legal Hotline to learn of any risks prior to participating, however.
Can listing agents distribute emails and e-flyers offering compensation to buyer’s agents, given that those methods are outside the MLS?
ButtonThe settlement does not prohibit offers of compensation outside of the MLS. However, if MLS content is used to create the flyer, there would be a violation. (example, exporting MLS data into a 3rd party flyer system, using a report from Matrix, etc.)
Will commission negotiation happen under our own contracts?
Read MoreYes, commission negotiations must be outside of the MLS entirely and are expected to be negotiated with the purchase contract. Regarding forms themselves, Stellar MLS does not maintain contracts or forms. See Florida’s REALTORS website for an update on the new and modified forms they are releasing. Always confer with your broker on the company’s preferred forms to use.
What about sold properties, do we need to purge the fields ourselves?
No, Stellar MLS will remove the fields. You will need to ensure your active, pending, or temporarily off market listings remove mention of compensation.
Is it only in the MLS that we cannot discuss compensation? Is a phone call to the listing agent ok?
Absolutely. A phone call, email, text, etc. to the listing agent to inquire about compensation is fine.
Will Variable Rate Commission be removed from the MLS?
All references to compensation, including Variable Rate Commission will be removed from the MLS. However, negotiating a VRC with your sellers is still permissible - it just won't be disclosed in the MLS.
What will happen to existing listings in the MLS with offers of compensation?
NAR FAQCompensation fields will no longer be visible after August 6th. In addition, brokers and agents must review all of their active, pending and TOM listings and review any mention of compensation in text fields such as Realtor Remarks, Private remarks, ShowingTime instructions and any other text field. This will be strictly enforced beginning August 6th with an automatic Level III penalty (first offense $500) levied. There is no grace period for this violation – please be vigilant in updating your listings. For more details, see NAR’s FAQ on this:
Will the MLS remove current compensation notations from existing listings, or will the listing agent be responsible?
NAR FAQStellar MLS will remove all compensation fields from the MLS system on August 6, 2024, and the prior data in those fields will be unavailable. It is important to note, that removing any existing references to compensation in the public or private remarks will be the responsibility of the listing office/agent. Failure to remove comments or to include any reference to compensation anywhere in the MLS system or associated offerings, will result in an immediate Level III penalty, per Stellar’s Rules and Regulations.NAR’s FAQ on this:
Can we say commission offered with no mention of amount?
The MLS cannot be used to communicate anything about offers of compensation or commissions, including general statements, subtle hints, creative references, or links to websites showing compensation, etc.
Is MLS going to eliminate the compensation field regardless of what the agents do on active or pending listings?
Compensation fields will no longer be visible in Stellar MLS after August 6, 2024 on any listing, regardless of status or property class.
Can we put in our REALTOR NOTES: seller has chosen to compensate; discussion to be had before showings?
The MLS cannot be used to communicate anything about offers of compensation or commissions.
What if the seller wants to compensate buyer agent?
Offers of compensation cannot be communicated through the MLS, but that does not mean that the seller cannot offer to compensate the buyer’s broker – that would be a part of your negotiations when finalizing an offer contract.
Will a seller broker comp agreement be created for use prior to showings?
Read MoreFlorida REALTORS has created and is in the process of modifying several forms. See here for details:
Can agents be directed to brokerage websites via Realtor remarks to see buyer-agent fees?
The MLS cannot be used to communicate offers of compensation in any way or form.
Why do I have to remove mentions from compensation from my listings if compensation fields will be hidden?
Stellar MLS will remove compensation fields. Listing agents/brokers must ensure there are not offers of compensation in any remarks fields, open text fields, photos, attachments, or related MLS products as of August 6, 2024.
Since the fields will be deleted by stellar on 8/6, as an agent I don't need to do anything, right?
We will remove the data fields related to compensation, however if you have active, pending or TOM listings with references to compensation in the remarks, in another open text field, in a link, photo or attachment, removing those items is up to the agent/broker.
Can we say commission was offered with no mention of amount?
The MLS, or any platform offered by the MLS, cannot be used to communicate anything about offers of compensation in any way.
Are pending properties when the commission field is removed still bound by the commission offered at the time of the contract?
NAR FAQListings already legally under contract on August 6th would be bound by the negotiated terms accepted. For further clarification, contact your legal counsel or Florida Realtors legal hotline. It’s important to note that those working with a buyer after the effective date of August 6, 2024, should take steps to ensure that the buyer has agreed to the necessary terms required by the settlement agreement through signature on a Buyer Broker Agreement, noting the compensation agreed to between the buyer and the buyer’s broker. See NAR’s FAQ on this:
Broker Liability
By augmenting the feed through our own website, are we creating individual brokerage liability of running afoul of the NAR ?
That is a good question and one that each broker should consider carefully. The NAR FAQ's note that the practice is acceptable, though that is not a guarantee that your listings may be scrutinized by outside sources.
How can a broker keep their own website from being scraped by third party aggregators that will develop a compensation database?
Showing compensation on a broker (or agent) website is a careful consideration to be decided by the broker. There is no guarantee that the data will not be scraped and misused. If a broker finds that his/her office listing data has been compromised and is being used for such a purpose unknowingly, please report it to Stellar MLS immediately, including the website you found your data on. We can work together to have your content removed from that site.
Can a broker share the MLS data to create a platform for sharing compensation amongst other brokers?
This is absolutely forbidden -- any use of the MLS content by a broker, an agent or a 3rd party with access to the MLS content to create or contribute to a platform for sharing compensation is a major violation of the Rules and Regulations and may result in termination of a broker's access to the MLS (including his/her affiliated agents).
Rentals
Do the Buyer Broker Agreement requirements apply to rentals?
Use of a BBA is only required for touring/showing residential properties of one-four units; all other property classes are exempt from the requirement.
What about listings for rent, how do these changes affect that side of business? Will “Lease fee” still be available? Do agents have to sign some sort of agreement with tenants they are helping?
All compensation fields, including lease fees will be removed from the MLS. However, that does not preclude requesting compensation, referral fees, etc. outside of the MLS. There will be no requirement for a BBA when showing rentals to potential tenants.
Builders-New Construction
Can builders offer buyers broker compensation?
There is no change to what builders may offer as compensation to buyer's brokers -- the only change is that the amount cannot be mentioned/included in the MLS (if the builder listing is in the MLS). Compensation must be negotiated outside of the MLS.
What about builder bonuses?
If the builder's new construction listing is in the MLS, no mention or reference to compensation or bonuses is allowed to be communicated through the MLS.
How will forms be handled by new construction since you work only with a sales associate not a broker?
The requirement for a BBA only applies if the property is listed in the MLS. If a new construction home is listed in the MLS, you would need a BBA before showing the property.
General
How will ‘cooperation’ be defined?
Cooperation is the obligation to share information on listed properties and to make properties available to other brokers for showing to prospective purchasers and tenants when it is in the best interest of their client(s). Look for NAR FAQ to reference.
How does the MLS define "MLS data"?
MLS data is any data that you receive through an IDX feed, a Broker Back Office feed, export from the MLS, use through Matrix -- if the MLS is the source of the data, then it is "MLS Data".
Will I have to remove my active listings and re-enter them all on August 6th?
No, the compensation fields will be removed by Stellar and will no longer display on August 6th. Brokers need to review their active, pending, and Temporarily Off Market (TOM) listings to be sure that all references to compensation are removed from remarks and other open text fields by August 6th to be in compliance with the new requirements.
How, if in any way, will these changes effect non-Realtor agents?
If a broker is a Participant in Stellar MLS, they are bound by the same Rules and Regulations as our Realtor Participants. If a broker is not affiliated with a Realtor-Owned MLS (such as Stellar), these requirements do not apply.
Can we offer compensation on social media channels?
You can mention compensation anywhere outside of the MLS as long as it relates only to your listings only - be careful not to violate the rules by using MLS information to create some type of a platform for sharing compensation amongst brokerages.
What of pending contracts?
If the sales contract is executed before the MLS policy change, the buyer broker should be able to rely upon the offer of compensation even if closing occurs after the date of the policy change. See Q/A 36 https://www.nar.realtor/the-facts/nar-settlement-faqs
Can a seller or sellers broker advertise compensation to a buyer broker in the newspaper?
Yes, compensation can be advertised outside of the MLS.
Can I list on the MLS and then re-list the same property on another website that allows compensation?
There is nothing in the MLS Rules that do not allow you to post your listings on other websites once it is in the MLS. That said, please consider this carefully as the other site(s) you post to may come under scrutiny in the future and put you at risk.
What about land or commercial sales? Do I need a Buyer Broker Agreement?
A BBA is only required for residential properties of one-four units.
Will the MLS become obsolete?
The value of the MLS extends far beyond offers of compensation. The MLS’s true value is in serving as a comprehensive source of verified listing data. The MLS also provides a variety of services to tools to all subscribers, and we will continue to innovate and enhance offerings.
NAR lists the newspaper as a place permitted advertise cooperative compensation. Will Stellar allow us to do so?
The only limitation on sharing compensation to a buyer's broker is inside of the MLS. However, be certain not to feed MLS data to any 3rd party for an advertisement that includes compensation. If no data directly from the MLS is used, you're good to go.
How should we confirm that the listing agent will actually compensate the buyer’s agent?
This question is best answered by your broker or the FR Legal Hotline.
Along with Buyer Broker Agreements, are Compensation Agreements required to be signed prior to showing a property?
This question is best answered by your broker or the FR Legal Hotline.
How do these changes affect rental properties in the listed in the MLS?
Compensation will be removed from ALL property classes in Matrix, including rentals. Just as in residential, negotiations for compensation will need to be outside of the MLS. Requirements for BBA’s are limited to buyers of residential properties of four units or less.
Are there more lawsuits pending from DOJ?
The Department of Justice is continuing to intervene in real estate practices – so future changes are possible. It is also important to note that the various class-action lawsuits are not from the DOJ, but instead from sellers, buyers, or other 3rd parties.
Stellar MLS is prepared to guide you through any upcoming changes, we are committed to providing you the most accurate and reliable information as it becomes available!
What are the fines if rules are broken?
Violations of rules pertaining to the new mandatory MLS Rules are all classified as “severe", and the first offense carries a $500 fine. The second offense is $2,500, and the third offense a mandatory hearing fine up to $15,000. There will be a 60-day grace period for fines on written agreements, but for mentions of compensation in the MLS, fines will take effect immediately.
What about vacant land? I heard that the commercial is not included in the settlement.
Compensation will be removed from all property classes in Matrix. Negotiations for compensation must be done outside of the MLS.
Do Buyer Broker Agreements apply to an open house for an auction in which the broker/auctioneer is an agent for the seller?
BBA's are only required for showing properties listed in the MLS. If you are attending an open house or showing an auction property that is NOT listed in the MLS, no BBA is required.
Can we host open houses on other broker's listings?
There is no change in practice in this case - noting that when you are hosting an open house, you are working for the seller and not your brokerage.
If the buyers are represented and are "not happy with their agent" what would be the protocol from us to move forward? Is there a modification form that the Buyer should have executed with their prior agent so we do not end up in a lawsuit or any issues?
This is a question for your broker or the FR Legal Hotline
What if an agent goes through a property live on social media to an open audience - is this prohibited since it's "touring"?
Use of social media to show a property to an open audience would not be considered touring and a BBA would not be required at that point. If someone from your audience asks to see the property, then a BBA would be required.
In the case of working with a FSBO, and the FSBO agrees to pay compensation, how do we proceed?
This is a question for your broker or the FR Legal Hotline
Can I include information on compensation offered in a showing notice?
Any comments regarding compensation in ANY field, including in Showing notifications that originate from the MLS is a violation of the rules and regulations
If the Buyer Brokers compensation is requested in the offer, is the request put into additional remarks?
This is a question best answered by your broker or the FR legal hotline.
Is it okay to hang a sign rider that says courtesy to buyers agent on the sign out front of the property?
While this would be clearly outside of the MLS, please check with your broker or the FR Legal Hotline
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