Clear Cooperation Policy 2020_ClearCooperationPolicy-Banner_mobile 2020_ClearCooperationPolicy-Banner

Helpful Resources


 
Report Off-MLS Marketing

 

Coming Soon Form

 

Registered Status Resources


 
 
Registered Status Slide Deck

Matrix

 
 
Registered Status FAQs

Matrix

 

Registered status is now live for Matrix users


Coming Soon FAQs

Matrix Coming Soon FAQs


Paragon Coming Soon FAQs


Flex Coming Soon FAQs


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 is live in Matrix as of 8/18. Paragon and Flex will follow soon. 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/.

  • Yes. The listing broker/agent must obtain a C.A.R. SELM or equivalent seller’s exclusion form, compliant with Matrix & Flex Rule 7.9.1 and Paragon Rule 7.6.

  • Yes. 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. For more information and a helpful video on the exclusion/waiver process, visit the exclude listing webpage specific to your platform (linked below).

    Matrix: https://go.crmls.org/crmls-exclude-listing/
    Flexmls: https://go.crmls.org/flexmls-exclude-listing/
    San Diego Paragon: https://go.crmls.org/san-diego-paragon-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


    (The Registered status is live in Matrix as of 8/18.
    Paragon and Flex will follow soon.)

  • Within 2 Business Days of the effective date of any exclusive listing agreement if the property is not otherwise being input into the MLS (usually in a Coming Soon or Active status).

  • Yes, if the property will never be placed in the MLS and therefore will never be publicly advertised (Paragraph 7.D(2) on C.A.R. Form RLA, Revised 6/20). A C.A.R. SELM form may also be necessary if you are using a version other than C.A.R. Form RLA, Revised 6/20.

  • No.

    Please note: if you are required to obtain an exclusion form (see question #5), you only need to provide it to CRMLS if requested by the CRMLS Compliance Department.

  • The “Start Marketing Date” is the date when public marketing of the property is to begin. It should be the same date used in Paragraph 7.D(1) of the C.A.R. Form RLA. At that time, the listing status is to be updated to Active, Coming Soon, Active Under Contract, etc.

    Please note: If the listing is to be excluded from the MLS and not marketed to the public for the entire listing agreement period, this field should remain blank.

  • The listing must still be Registered in the MLS. Because the listing is to be excluded for the entire listing agreement period, the Start Marketing Date field should be left blank.

  • In Matrix, click on the Add/Edit tab, then “Add New”. Click on “Register Listing Contract” then “Start with a blank Listing”. Enter the information for all required fields (highlighted in yellow) and click the “Submit Listing” button.

    To access our Knowledgebase article, click here.

  • You can edit a Registered listing by following the steps outlined here. If the Property type is inaccurate, you will need to create a new Registered listing. Please contact your local Association/Board or CRMLS Compliance for the removal of the incorrect listing.

    Click here to chat live with a Compliance Analyst Monday-Friday, from 8:30am-4pm, or submit your ticket here.

  • Once you submit a Registered listing, the Property Type field is locked, and a new Registered listing will need to be created if the Property Type needs to be changed. Please contact your local Association/Board or CRMLS Compliance for the removal of the incorrect listing.

    Click here to chat live with a Compliance Analyst Monday-Friday, from 8:30am-4pm, or submit your ticket here.

  • Yes. The listing agent, co-listing agent, listing broker, and co-listing broker can modify the Start Marketing Date.

  • Yes. However, only the listing broker or co-listing broker may make this change.

  • Yes. However, you will need to contact your local Association/Board or CRMLS Compliance to make this change.

    Click here to chat live with a Compliance Analyst Monday-Friday, from 8:30am-4pm, or submit your ticket here.

  • Yes. You can edit a Registered listing by following the steps outlined here.

    Please note: Extensions to the expiration date can only be made by the listing broker and co-listing broker. Additionally, once you submit a Registered listing, you must contact your local Association/Board or CRMLS Compliance to shorten the expiration date.

    Click here to chat live with a Compliance Analyst Monday-Friday, from 8:30am-4pm, or submit your ticket here.

  • Click on the My Matrix tab in Matrix, then “My Listings.” Change the dropdown menu to “My Registered.”

  • You can edit a Registered listing by following the steps outlined here. Once on the input listing screen, click on the Property Type specific to the subject property (located below the Register Listing Contract input option). Then complete the listing input form as per usual.

    Please note: All completed fields on the Registered listing will be copied onto the new input form. When submitted, the previously assigned MLS# will remain unchanged.

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

  • Only the listing or co-listing agent who entered the listing, their listing or co-listing broker, the listing or co-listing broker’s office manager, and the Association/MLS staff can see a Registered listing.

  • No. Public marketing of the property is not permitted while a property is in the Registered status.

  • Yes, subject to limitations. 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.

  • 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.

  • 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.

    • • Have additional questions or need further assistance? Submit your ticket here.
    • • Click here to chat live with a Compliance Analyst Monday-Friday, from 8:30am-4pm.

    • 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.

  • Yes. Prior to using the Coming Soon status, you will need to obtain and have the seller sign a Coming Soon form. This form is to be kept in your personal files and does NOT need to be submitted to CRMLS or your AOR.

    I’ve included the link to this form below. Additionally, you can access this form within the CRMLS library in zipForm.

    https://go.crmls.org/coming-soon-form/

  • No, however, they should be kept within your personal or office files in the event CRMLS Compliance requests a copy for our review.

    • 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.


    • Matrix/Flex: Updates to the Mandatory Submission Rule 7.9

    San Diego Paragon: Updates to the Mandatory Submission Rule 7.5.1

    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