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NAR CLEAR COOPERATION

NAR policy 8.0 is also known as the Clear Cooperation policy.

CLEAR COOPERATION POLICY ENFORCEMENT HAS STARTED

This NAR mandatory rule has been adopted by ARMLS. Simply stated: if a property is marketed publicly, the MLS must be one of your marketing channels. The rule doesn’t prohibit specific business practices, rather, it acts as a trigger for when a residential for-sale property should be in the MLS. Subscribers have always been required to file listings with ARMLS (8.1 and 8.19), therefore the clear cooperation policy just adds a trigger to those rules. The official rule states:

Clear Cooperation Policy: “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.”

MARKETING EXAMPLES

For Sale Signs

For Sale Sign

Email Blasts

Private Facebook Groups

Broker / Agent Websites

Phone Calls

Any marketing outside the brokerage

POLICY & FINE TIMELINE

The fine for violating the Clear Cooperation policy is $500 but will be rolled-out in phases:

ANNOUNCEMENT PHASE
March 10 – April 5, 2020
$0 – ARMLS will not yet collect or accept violation reports for this policy.

EDUCATION PHASE
April 6 – July 5, 2020
$0 – ARMLS will start accepting reports but will abate fines for this policy.

HALF-FINE PHASE
July 6 – October 5, 2020
$250 – ARMLS will issue fines at 50% for this policy to continue education.

COMPLETION PHASE
October 6, 2020  – onward
$500 – ARMLS will issue the full fine of $500 per day (per property) for this policy.

'COMING SOON' STATUS

“Delayed” status now “Coming Soon” status.
The Clear Cooperation policy provides new opportunities for ARMLS subscribers by the creation of a new status. Delayed status will be re-launched as Coming Soon with improved rules and functionality. Coming Soon (formerly called Delayed) satisfies the Clear Cooperation requirement. Read about Coming Soon here.

CLEAR COOPERATION QUIZ

Check your Clear Cooperation Policy knowledge with this quiz!

FREQUENTLY ASKED QUESTIONS

Does this policy affect rental listings?

This policy only applies to residential for-sale real estate.

Response written by ARMLS

Does this policy apply when MLS subscribers represent themselves, (agent/owner FSBO)?

Yes. An MLS subscriber representing themself on their own home must submit the listing to the MLS within 1 business day of marketing the property.

Response written by ARMLS

Is compensation required in Coming Soon status?

Yes, it is required for all statuses. See section 12 of the ARMLS Rules.

Response written by ARMLS

Does using Coming Soon status (formerly known as Delayed status) satisfy the submission requirement of the policy?

Yes, using Coming Soon status (formerly known as Delayed status)  satisfies the requirement. Read more about Coming Soon status here.

Response written by ARMLS

Does this policy prohibit office exclusives?

No, the policy doesn’t ban “Office exclusives”. It allows the listing broker to market a property among the brokers and licensees inside their own listing brokerage. But, if an office exclusive listing is displayed or advertised publicly, that listing must also be submitted to the MLS for cooperation.

Response written by ARMLS

Can a seller “opt out” of the policy’s obligations by providing written instructions?

No. The new policy does not include an “opt out.” Any listing that is publicly marketed must be filed with ARMLS (FWA) and provided to other MLS Participants for cooperation within (1) one business day.

Response written by NAR and ARMLS

What is the fine for violating this policy?

The penalty is $500 per day (per property). ARMLS will start enforcing the policy on April 6 but will not start issuing monetary fines until July 6, 2020 for an education period. The penalty from July 6 to October 5 will be $250 to continue educating subscribers on the policy. Starting October 6, the fine will be assessed at full value, $500 going forward.

Response written by ARMLS

Does the policy require listings to be submitted to the MLS if they are communicated 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.

Response written by NAR

Does this policy 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.

Response written by NAR

Does this policy require a broker to turn in every listing to the MLS within 1 business day of signing the listing?

No, the trigger that makes policy 8.0 apply is the date the property was first marketed, not when the listing agreement has been signed (other polices may apply).

Response written by ARMLS

How will ARMLS address compliance/Data Integrity?

A launch plan and sub-policies are being formed through workgroups, meetings and conversations with our brokers and agents to form best practices locally to enforce this policy.

Response written by ARMLS

Does this policy only apply to members of NAR?

No, this policy applies to all MLS subscribers.

Response written by ARMLS

Does this policy affect commercial listings?

This policy only applies to residential for-sale real estate.

Response written by ARMLS

Does this policy affect new builds / new home builders?

Yes, but ARMLS will provide more guidance for yet-to-be-built homes soon (as a listing representing a floor plan rather than all potential to-be-built homes in a subdivision may be acceptable).

Response written by ARMLS

Who made the decision that this policy was needed?

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. These proposals moved on to the 130-person Multiple Listing Issues and Policies committee for consideration and were then approved by NAR’s 900 member board of directors.

Response written by NAR, modified tense by ARMLS

REPORT A CLEAR COOPERATION POLICY VIOLATION

Remember, 8.0 does not apply to rentals.
Enter the Agent ID of the offending subscriber, not your Agent ID.
Online means in a web app, website, email blast or elsewhere on the Internet. Offline means in the real world, like a yard sign or direct mail piece.
Enter details, for example, the date/time of the marketing/advertising campaign or paste multiple URLS if applicable.