Clear Cooperation Policy, AKA MLS Statement 8.0

NAR now requires that a listing is submitted to the MLS within one business day of the listing being publicly marketed.

The National Association of Realtors®’ Board of Directors approved MLS Statement 8.0, also known as the Clear Cooperation policy. The policy requires listing brokers who are participants in a MLS to submit their listing to the MLS within one business day of marketing the property to the public.

NAR’s MLS Technology and Emerging Issues Advisory Board proposed the policy as a way to address the growing use of off-MLS listings. The advisory board concluded that leaving listings outside of the broader marketplace excludes consumers, undermining Realtors®’ commitment to providing equal opportunity to all. The policy doesn’t prohibit brokers from taking office-exclusive listings, nor does it impede brokers’ ability to meet their clients’ privacy needs.

BeachesMLS has complied with NAR’s mandate and adopted this policy. The policy is included in BeachesMLS Rules & Regulations Section 3.19. If the rule is broken, a $1,000 fine will assessed per BeachesMLS Compliance Guidelines 4.2k.

In response to the Clear Cooperation Policy, BeachesMLS is creating an alternative for members called “Coming Soon Status.“

Your Board of Directors voted to add a new Coming Soon Status. The status launched mid-May, 2020, in conjunction with Clear Cooperation Policy 8.0 The Purpose of Coming Soon Status is to pre-market a property that is not yet available while also satisfying clear cooperation requirements. While in Coming Soon Status, offers can be submitted per Florida Law; however, a listing in this status cannot be shown or have an open house held. Read more about the new status and what you need to know.

MLS Policy 8.0:

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. Read additional policy details.

What Are Some Public Marketing Examples?

Report an Off-Market Property

If you would like to report a property that you believe is being publicly marketed and has not yet been added to the MLS,; email the name of the agent, the property address and supporting documentation to our MLS Compliance Department at compliance@rworld.com. Documentation referencing the public marketing must be included for a review to take place.

This documentation may includes but is not limited to:

A photo of a For Sale sign at the property
Any form of print marketing including a flyer or postcard
A screenshot of online marketing examples such as a social media post, website display, online advertisement, etc.
An example of an email blast sent referencing the property

Helpful FAQs on Policy

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.

When does the Clear Cooperation Policy go into effect?

May 1st, 2020 however fines will not be issued at this time.

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.

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.

What if the listing isn’t ready to be shown? Are “Coming Soon” or “Delayed showing” listings allowed under Policy Statement 8.0?

The concept of “Coming Soon” and “Delayed Showing” can be achieved within the local MLS. Listings which are truly not yet ready to be shown can be shared with the MLS’s brokers and agents to create exposure while the property is being prepared for showing. MLSs can also add clarity to the coming soon and delayed showing process by defining specific statuses and showing requirements if these listings are to be included in the MLS. The most common implementations do not allow for showings of the listing until its status is changed to active, and any showings of the listing would immediately trigger that status change. BeachesMLS has approved a Comgin Soon status. Read more here.

What happens if one of the agents in my office, post my office exclusive listing on social media?

Once office exclusive listings are displayed or advertised to the general public, those listings must be submitted to the MLS for cooperation within 1 business day.

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.

Does the new Policy Statement 8.0, Clear Cooperation, require MLSs to reconsider whether listings of vacant land require mandatory or voluntary submission?

No, the MLS can continue operating under existing local policy, which may provide for voluntary submission of different property types, like land, rentals, and new construction. Business practices in different markets for these property types may vary and only call for voluntary submission. If the listing broker has a choice to submit a particular exclusive listing to the MLS, the listing broker is not obligated to submit that listing because it is publicly marketed. The new policy on Clear Cooperation only covers exclusive listings of property types that require mandatory submission. Further, the existing deadline for submitting listing information to the MLS remains intact, unless the property is publicly marketed in which case the property listing information must be submitted to the MLS within the one (1) business day deadline.

What if I have multiple office locations under one broker of record, can I share office exclusive listings between brokerages?

Yes, you can share the listing between brokerages as long as they have the same broker of record.