NAR’s Clear Cooperation Policy Definition

The Policy 8.0: Clear Cooperation went into effect for NorthstarMLS subscribers on March 1, 2020. The policy as written and published by NAR® is below. 

“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.” 

NAR and NorthstarMLS FAQs

Why was this policy approved?
Brokers and MLSs from across the country asked NAR to consider policy that will reinforce the consumer benefits of cooperation. The MLS creates an efficient marketplace and reinforces the pro-competitive, pro-consumer benefits that REALTORS® have long sought to support. After months of discussion and consideration within NAR’s MLS Technology and Emerging Issues Advisory Board, this proposal was brought forth for the industry to discuss and consider, then approved by NAR’s Board of Directors. 

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’s needs within the marketplace. The policy was strongly supported by the NAR MLS Committee and the NAR Board of Directors. 

What exclusive listings and property types are applicable under the new MLS Statement 8.0?
The obligations of Statement 8.0 were specifically adopted to address concerns with residential “for sale” exclusive listing contracts required to be filed with the service. Based on the Advisory Board’s discussions that did not include commercial properties, rental properties, and new construction developments with multiple properties (single family homes, condos, etc.). 

Can a seller or the listing broker “opt out” of the policy’s obligations?
No. The new policy does not include an “opt out.” Any listing that is “publicly marketed” must be filed with the service and provided to other MLS Participants for cooperation within (1) one business day. 

Does Policy Statement 8.0 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 among the brokers and licensees affiliated with the listing brokerage is not considered public marketing. A one-on-one communication between two subscribers in any medium or communication technology, including permitting a showing of the property, is not public marketing if it meets certain requirements. (NorthstarMLS rule § 1.2(h).) The new NAR policy added the clarification permitting one-on-one communication. If office exclusive listings are displayed or advertised to the general public, however, those listings must also be submitted to the MLS for cooperation. 

If an office exclusive listing is shared with me by an agent in my brokerage, may I share it with my clients?
Yes. You may share office exclusive listings from your brokerage with your established clients list. You may not share the listing outside that list, such as emails to a purchased marketing and/or neighborhood “farm” list, nor any other forms of public marketing such as the examples identified above. 

What if my sellers publicly market their listing? Do Policy 8.0 requirements apply?
Yes, if your seller(s) publicly market their listing, then within one business day, the status must be changed from Withheld to Active (or Coming Soon if it is not being shown). For sellers not wanting their property on the MLS, we encourage you to discuss this with them when having them sign the Certification to Withhold form. 

Does Policy Statement 8.0 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. 

Does holding a Broker Open House for a Broker Price Opinion count as public marketing?
Yes, if agents/brokers from outside your brokerage are invited, then it is considered public marketing. If it is restricted to only agents within your own brokerage, then it is not public
marketing. 

Does Policy Statement 8.0 require a broker to turn in every listing to the MLS within 24 hours of signing the listing?
No. NorthstarMLS requires that a broker submit a listing within 2 business days of a signed
listing agreement. If a listing is taken and is not yet ready to be marketed/shown, a Withheld Form must be filed. If a listing is marketed to the public, however, Policy Statement 8.0’s one business day turn-in timeline goes into effect. 

What is considered a “business day?”
Business days exclude Saturdays, Sundays and federal holidays. 

Is the new policy consistent with Article 3 of the NAR Code of Ethics?
Yes. By joining the MLS, Participants agree to be bound by the MLS Rules and Regulations. Per the policy’s rationale, the public marketing of a listing indicates that the MLS participant has concluded that cooperation with other MLS participants is in their client’s best interests. 

 Does the policy apply when an agent is selling her own home?
If there is no listing contract with the brokerage, the agent may sell her own home as a For Sale By Owner.  Any advertising cannot be done under the brokerage branding (including the yard sign).  If there is a listing contract with the brokerage or the advertising done under the brokerage branding, then Clear Cooperation applies and the listing must be made available to all cooperating agents and their buyers through the MLS. 

Can a listing be advertised if I don’t put the address or location?
No, this is still public marketing and would need to be added to the MLS within one (1) business day. 

CCP and Withheld Listing FAQs 

I have a question that is not answered here. Who do I contact?
Contact our Rules & Regulations Department with any questions. You may reach us at 651-251-3210 or rules@northstarmls.com. Our business hours are M-F, 8:00-5:00.