CRMLS and the Clear Cooperation Policy

Report Off-MLS Marketing

Helpful Resources


Coming Soon Form


Clear Cooperation Policy Presentation Slide Decks

Matrix
Paragon
Flex – Ventura
Flex – PSRAR & PFAR

Top Questions

The Basics

  • The Clear Cooperation Policy is a NAR-mandated policy that governs the public marketing of listings and their entry into the multiple listing service. 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.

  • Residential, Vacant Residential lot, and Residential 1-4 unit properties.

  • The Registered status will become available at a later date in summer 2020. Until then, the current exclusion/waiver process will remain in place. Matrix/Flex: Within 2 business days from the effective date of the listing agreement you must either enter listing into MLS as active (or coming soon) or submit an exclusion. Paragon: Within 48 hours from the effective date of the listing agreement you must either enter listing into MLS as active or submit an exclusion.

    For more information and a helpful video, visit https://go.crmls.org/crmls-exclude-listing/.

    • How does it affect me?

  • CRMLS is proposing that after the Seller signs the contract, the Listing Broker has two (2) business days from the listing contract date to enter the listing into the MLS under Registered, Coming Soon, or Active status. Within one (1) business day of marketing the property, the Listing Broker must ensure that the listing is in the Coming Soon or Active status.

  • Here is a table comparing the three statuses:

    Required for Registered Status: Address, Listing Contract Date, Price, Expiration Date, Marketing Start Date.

  • No. Marketing to the public would trigger the Clear Cooperation rules, meaning the property would need to be placed in the MLS within 1 business day of such marketing.

    • Questions on Status Types:

    Registered Status


    (Registered status will not be available until Summer 2020.
    Until then, use the current Exclude Listing process)

  • Only the listing agent, listing broker, listing broker’s office manager, and MLS staff.

  • If the listing broker office has a signed Agency Disclosure form with the prospective buyer, any agent under that listing broker’s license can show the home to that buyer. Note that this permission does not extend to any agent under the broad banner of a real estate franchise; it is specific to only the agents listed under the broker’s license number with the DRE.

  • The Registered status is not displayed in the MLS for cooperation. No one can see the property while in this status except for the listing broker/agent and MLS staff. Thus, there is no one to incentivize while in Registered status. Additionally, a property in a Registered status may not be marketed; therefore, no agents or brokers outside of the Listing Firm should even be aware that the property is listed.

  • If a broker has a listing in Registered, and then enters a contract with one of their already existing clients (defined as any person or entity with whom the broker signed an Agency Disclosure Form within the last year), then the broker could move the property from Registered to Pending. In that case, no public “marketing” has occurred.

  • So long as all of the agents at that meeting are licensed under the broker, they can hear about the listing. That is not “marketing to the public.”

  • Registered status has been developed as an alternative to the current exclusion form process. This change simplifies workflow while at the same time satisfying the requirements of the longstanding mandatory delivery rule. Coming Soon is being introduced in response to a demand for time to get a property ready for full marketing while not accruing Days on Market.

  • Registered is technically a new status, but it is meant to replace the current exclusion form submission process when it gets rolled out in the summer, 2020. If you have a listing that your seller wants to exclude from the MLS for either a period of time or altogether, you will only need to still file the SELM at CRMLS.org until summer, 2020. Once Registered is live in the MLS, then you will Register that listing with the MLS instead of uploading the exclusion form at CRMLS.org.

  • Yes. Other agents within the same office would not be considered “the public.”

  • No, a listing can be moved from Registered to Active status at the listing broker’s discretion.

  • The Marketing Start Date field in a Registered status listing can be an estimate and can be modified by the broker if need be.

  • Yes. The listing broker/agent must obtain a C.A.R. SELM or equivalent seller’s exclusion form, compliant with Rule 7.9.1. However, this exclusion form will no longer need to be submitted to CRMLS once the Registered status becomes available. CRMLS may request the exclusion form or any other documents related to the listing per Rule 8.2 if necessary.

    • Coming Soon Status

  • There are no showings under Coming Soon status because marketing and showing a property means it is actively on the market, and it is not “coming soon” to the market. Showings are contrary to the stated purpose of Coming Soon, which is to prepare the property for “full marketing.”

  • Registered status has been developed as an alternative to the current exclusion form process. This change simplifies workflow while at the same time satisfying the requirements of the longstanding mandatory delivery rule. Coming Soon is being introduced in response to a demand for time to get a property ready for full marketing while not accruing Days on Market.

  • This is allowed while a listing is in Coming Soon status. In Coming Soon, any and all public marketing, by anyone, is permitted. Showings and open houses are not.

  • Yes. An offer can be made subject to inspection, or otherwise according to the agreement of the parties.

  • No. The 21-day limit on a listing in Coming Soon status cannot be extended under any circumstances.

  • Any listing that is being publicly marketed on May 4th will be subject to the Clear Cooperation rules, and will need to be placed in the MLS for cooperation.

  • Yes, and CRMLS provides a field to add the URL for the virtual tour.

    • Answers to other common questions

  • Marketing and advertising includes, but is not limited to, any information about the property or its availability for sale displayed on any: signs, websites, social media, brokerage or franchise operated websites, communications (verbal or written), multi-brokerage or franchise listing sharing networks, flyers or written material, applications available to the public, or open houses or showings.

  • Business days are Monday through Friday, excluding Saturdays, Sundays, and federal/state holidays.

  • Yes. An office exclusive will be covered under the Registered status.

  • Yes. The seller still has the ability to exclude their property from the MLS; however, no marketing of the property can be done, and a seller instruction form must be signed. If any marketing does take place, then the property must be entered in the MLS within one business day. By keeping the property off of the MLS, the seller is agreeing that the listing broker will only share the property with the listing broker’s own clients.

  • CDOM (Cumulative Days on Market) will reset after 90 days off the MLS.

  • No. CRMLS keeps all reporting parties’ identities confidential at all times.

  • Yes. The Clear Cooperation Policy does not change an off-mls sale’s eligibility from being entered in the MLS once a sale closes. Rule still applies.

  • Yes. If attempting to share the listing with only your own clients and then determining that the listing is not getting enough exposure, with written permission of your seller, you may enter the listing in the MLS as an Active or Coming Soon listing. (Under the Coming Soon status, no showings can occur.)

  • No. The Clear Cooperation Policy was proposed by the National Association of Realtor Emerging Issues and Technology Advisory Board after having received numerous complaints and requests to take action from agents and brokers of all size complaining about a lack of inventory and the challenge of dealing with off MLS properties. Additionally, in June 2018 the Department of Justice convened a workshop centered on competition in real estate. One of the DOJ’s focuses was the challenge with pocket listings and the negative impact that pocket listings were having on potential buyers. When the Clear Cooperation Policy was presented to the NAR MLS Policy Committee for debate, approximately 90% of the brokers and agents speaking on the issue supported the policy. Similarly. 92% of the NAR Board of Directors, which is made up of brokers and agents from firms of all sizes, voted in favor of the policy.

  • Yes. To be clear, a listing agent can communicate the office exclusive listing to anyone with whom their brokerage has signed an Agency Disclosure form in the last year.

  • Yes. CRMLS does not require showings to take place while a property is in Active status. If the seller and listing broker agree on terms that address the issues, CRMLS is not in a position to interfere with that process.

  • No. Putting up a sign is marketing and would trigger the requirement to submit the listing into Active or Coming Soon within one business day.

  • No. There aren’t any limitations on inspections related to Clear Cooperation rules.

  • Yes. While a listing is in Hold status, marketing to the public can continue.


    • NAR Clear Cooperation Policy – Paragon – Ed Zorn 4/30/20

    The Coming Soon Status

    NAR Clear Cooperation Policy – Ed Zorn 4/10/20

    NAR Clear Cooperation Policy – Jeff Smetana 4/7/20

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