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
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.
Fines collected are donated to real-estate related 501(3)(c) charities: ARMLS Fine Donations.
'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
True or False: The new policy prohibits "exclusive listings".
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.
Under the Clear Cooperation policy, a property must be in the MLS within 1 business day starting from:
The trigger that makes the Clear Cooperation policy apply is the date the property was first marketed, not when the listing agreement has been signed (other polices may apply) and not when first announced in your own brokerage.
True or False: Private listing networks, like an agent-only Facebook group of agents from other brokerages, do not have to comply with this policy:
“Private listing networks” that include more brokers or licensees than those affiliated with the listing brokerage constitute public advertising or display pursuant to this policy. Listings shared in multi-brokerage networks by participants must be submitted to the MLS for cooperation.
True or False: My seller can give me instructions to market the property publicly and keep it out of the MLS.
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.
True or False: This policy applies to rentals.
This policy only applies to residential for-sale real estate.
True or False: Using Coming Soon status (formerly known as Delayed) satisfies the submission requirement of the Clear Cooperation policy?
Using Coming Soon status (formerly known as Delayed status) satisfies the requirement. Read more about Coming Soon status here.
What is considered public marketing for this policy?
The policy says: “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.”
True or False: Listings in Coming Soon status require a photo.
Listings in Coming Soon status do not require photos.
FREQUENTLY ASKED QUESTIONS
Does this policy affect rental listings?
This policy only applies to residential for-sale real estate.
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 Temporarily Off Market (TOM) status satisfy this policy?
Yes, using Temporarily Off Market (TOM) status satisfies the submission requirement of the Clear Cooperation policy. Note that you must have a seller’s written permission to use TOM. ARMLS can request this information at any time.
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
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 Vacant Land/ Lot listings?
No. This policy only applies to residential for-sale real estate.
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 apply to "to-be-built" homes?
ARMLS has chosen to exempt to-be-built homes from the Clear Cooperation Policy. A “to-be-built home” is a property that is under construction and has not been issued a Certificate of Occupancy.
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