CLEAR COOPERATION POLICY – MLS RULE CHANGE 7.5
The CCAR MLS Rules and Regulations will be updated on May 1st to include the NAR Clear Cooperation Policy. CCAR has adopted the policy as a subsection of MLS Rule 7.5 Mandatory Submission as detailed below.
CCAR is working with our MLS partners (Bay East & bridgeMLS) and MLS Vendor to change our “Coming Soon” module in the MLS. This work will be completed before the May 1st implementation date of the new Clear Cooperation MLS Rule.
Here are some details on the new “Coming Soon” setup to be launched in April:
- Each property class in the MLS will gain a new listing status of “Coming Soon”
- All full listing data fields will be required for input
- Listings with a “Coming Soon” status will not be included in IDX, VOW, or Syndication data feeds
- DMLS/CDMLS (DOM/CDOM) will not begin counting until the listing is in a “New” status
- Listings in a “Coming Soon” status will be required to have commission disclosed and can be shown subject to sellers rights
- A listing may remain in the “Active – Coming Soon” status for 30 days at which point it automatically updates to a “Cancelled – Coming Soon”
- A “Cancelled-Coming Soon” listing can only be updated by MLS Staff.
7.5 Mandatory Submission. Within 3 days after all necessary signatures of the seller(s) have been obtained on the listing or at the beginning date of the listing as specified in the contract, whichever is later, on any exclusive right to sell or seller reserved listing on one to four unit residential property and vacant lots located within the service area of the MLS, Broker Participants shall (1) input the listing to the service, or (2) submit a seller-signed exclusion in accordance with Section 7.6 (Exempted Listings) to the service. All necessary signatures are those needed to create an enforceable listing, which generally means all named signatories to the listing agreement. In the event there are known additional property owners not made a signatory to the listing, listing broker shall disclose said fact on the service and state whether the listed seller will make the sale contingent on the consent of the additional property owners. In the event listing agent is prevented from complying with the 2 day time period due to seller’s delay in returning the signed listing agreement, listing broker must submit the listing to the service within 2 days of receipt back from seller. The MLS may require listing broker to present documentation to the service evidencing seller’s delayed transmission. Only those listings that are within the service area of the MLS must be input. Open listings or listings of property located outside the MLS’s service area (see Section 7.7) are not required by the service, but may be input at the Broker Participant’s option.
(a) 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.
If you have any questions please contact CCAR’s MLS Compliance department at [email protected]