With the adoption of NAR’s Clear Cooperation Policy (CCP) almost a year behind us, we have fielded a number of questions in the past year. While most understand the policy, there is still confusion around marketing—or lack thereof—Non-MLS listings. As a reminder, the CCP prohibits marketing of Non-MLS listings, stating:
“Non-MLS listings are not permitted to be publicly marketed by the Listing Broker. 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. However, the Listing Broker is permitted to share the Non-MLS listing internally within the Listing Broker’s firm.”
A common question is, “Can I provide Non-MLS listing information in response to unsolicited calls from real estate professionals and consumers?” The answer, as confirmed by NAR, is providing information in response to telephone, email or other inquiries constitutes a violation of CCP and requires you to submit the listing to MLS within 1 business day. Keep in mind, this restriction does not apply to communications within your listing broker’s firm or with internal clients.
As you are most likely aware, MLS makes a list of Non-MLS listings available (if permitted by the seller) on our website. Unfortunately, the publishing of this list makes it easy for our customers to run afoul of Clear Cooperation. Specifically, this is because licensees are contacting the listing broker to find out more information about the Non-MLS property. If the listing broker provides information to that licensee (or any potential buyer that is not already on the listing broker’s internal client list) they will violate CCP. It is for this very reason we will no longer be publishing the list of Non-MLS forms submitted to State-Wide MLS. Remember, though, you are still required to submit ALL Non-MLS listing forms to State-Wide MLS within 24 hours of effective date, where we will keep them on file.
We understand this may be an inconvenience for those of you who want a simple way to verify if there is a Non-MLS form on file for a particular property. However, you will now have to call State-Wide MLS for this verification. We apologize for this inconvenience, but it is a necessary step to avoid putting our customers in difficult situations that can lead to a violation of the Clear Cooperation Policy.