·
Multiple listing services have until May 1, 2020 to implement the
new Clear Cooperation policy, requiring participants to list publicly marketed
homes within 1 Business day.
·
NAR requires all MLS’s conform to this rule, But each MLS is free
on how to implement this rule.
Issues with
MLS Clear Cooperation
policy
There are
several issues with the proposed MLS Policy Statement 8.0, some are shown below:
·
Celebrities and CEOs:
There were some concerns when celebrities or CEO's of a company do not
want public know that their house is for sale and they want only a select group
of qualified/eligible buyers to know about it. But, this new rule makes the
agent to publicize it to public against their clients wishes.
·
The same scenario, as above, is true for victims of violence.
·
Some feel that this rule is in favor of major offices with large
number of agents (e.g., 100) and is disadvantage to small firms or those offices
with low number of agents (e.g., 1-10).
Some
Examples of Public
Marketing:
·
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.
(Adopted 11/19)
·
A neighbor notices more than usual visits by a person to his
neighbor’s house and suspects the house might be for sale. She asks that person
who is always accompanying other people (e.g., listing agent) if this house is
for sale? If the agent says YES, that is considered to be public
Marketing/advertisement and the “New MLS Policy Statement 8.0” rule applies.
·
If the Seller publicized his property in social media (Facebook,
etc.), then it is considered Public Advertising and it is a violation of this
“New MLS Policy Statement 8.0” not to put it in MLS within 1 Business day.
·
If a firm has several officers under ONE Sponsoring Broker within
Texas, then it is OK to share information with all agents under the same Broker
and it will not be considers as public advertising.
·
The
following scenarios will/will not be considered as Public Advertising which
surprised many. Some example(s) are shown below:
Some
Examples of Non-Public
Marketing:
·
If you talk about a property to your client, it is NOT public
advertising.
·
For more policy information, please visit
https://www.nar.realtor/about-nar/policies/mls-clear-cooperation-policy
. or send email to
MLS@REALTORS.org
o
You may also visit TexasRealEstate.com/FAQ.
·
Due to all these issues and many more and unhappiness from
audience, NAR Representative said these rules are under consideration and might
change. Anybody wants to give their input should go to NAR website and provide
their inputs.
·
NAR announced that they changed the initial requirement of putting
the property data in MLS within 24 hours to 1 Business day.
·
Due to NAR’s adoption of MLS Statement 8.0, the Clear Cooperation
Policy, the following two Texas REALTORS® forms must be revised:
o
Residential Real Estate Listing Agreement Exclusive Right to Sell
(TXR 1101)
o
Exclusive Agency Addendum to Listing (TXR 1403)
·
Currently, in REO properties, they put a foreclosure sign on
windows/doors, this may be not safe. MLS is going to look into this issue.
·
NTREIS is looking into customizing MLS for our area, North Texas,
to meet the new MLS Statement 8.0, the Clear Cooperation Policy requirement.
