NAR CLEAR COOPERATION

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

NAR CLEAR COOPERATION POLICY COMING APRIL 2020

The NAR Board of Directors has passed a mandatory MLS rule known as the Clear Cooperation policy that ARMLS must adopt before May 1, 2020. The rule states:

“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.”

Simply stated: if a property is marketed publicly, the MLS must be one of your marketing channels.
While MLSs can adopt this policy as early as January 1, 2020, we have begun working on an implementation and education plan for an April 2020 launch. We will be reviewing our rules (Delayed Status, DOM, etc.) and systems to ensure the best possible outcome for subscribers. For example, is 14 days the right length for Delayed Status? Should there be a limit? Etc.

FREQUENTLY ASKED QUESTIONS

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

Does using Delayed Status satisfy the submission requirement of the policy?

Yes, using Delayed Status satisfies the requirement. Please take note of the special rules regarding Delayed Status found here (ARMLS will be reviewing these rules before launch): https://armls.com/introducing-delayed-status.

Response written by ARMLS

Does this policy 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.

Response written by NAR

What is the fine for violating this policy?

The enforcement and/or penalty/fine structure for violating this policy will be determined by the ARMLS Board of Directors prior to April 2020.

Response written by ARMLS

Does the policy 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.

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 affect commercial listings?

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

Response written by ARMLS

Does this policy affect rental 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