NorthstarMLS Clear Cooperation Policy
September 24, 2023
NorthstarMLS Clear Cooperation Policy
How Will It Affect NorthstarMLS Subscribers?
Last November, the National Associations of REALTORS® Board passed Policy 8.0, also known as the Clear Cooperation Policy (91% of its 800 Directors voted in favor). As a result, there are some changes to NorthstarMLS policy, effective March 1, 2020.
The Clear Cooperation Policy makes clear that the MLS exists for cooperation among brokerages. If you belong to the MLS, cooperation is the first, not the last, option to promote a listing. The intent is to strengthen cooperation and address concerns surrounding off-market listings, particularly pocket listings and private listing networks that exclude many consumers.
We understand there are a lot of questions about this Policy, particularly “what if” scenarios. It’s impossible to anticipate every one of these, however NorthstarMLS is committed to addressing them as they come up. We will seek guidance from NAR to refine the policy when needed and work with you to help clarify compliance as we all adjust.
NAR’s Clear Cooperation Policy Definition
The new Policy 8.0: Clear Cooperation will go 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.”
NorthstarMLS Policy (effective March 1, 2020)
In response to NAR’s Clear Cooperation Policy, effective 3/1/2020, our Board of Directors has made the following effective as of 3/1/2020:
In the event a Withheld (i.e. Office Exclusive) listing is publicly marketed during the term of the listing, then:
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Within one (1) business day of marketing a property to the public, the listing broker must enter and submit the listing to the MLS for cooperation with other MLS Participants (Active or Coming Soon status if not yet Pending/Sold).
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See section below for examples of public marketing.
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All Withhelds are now considered “Office Exclusives” that may not be publicly marketed (unless entered into the MLS for cooperation within one business day of marketing).
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All listings still must be entered into the NorthstarMLS Add/Edit system within two business days of the Listing Agreement Date (or within one business day if public marketing starts on the Listing Agreement Date). Withhelds (office exclusives) still must be entered into the Add/Edit system in Withheld status within two business days of the Listing Agreement Date.
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Fine for violation: $1,000 for first violation. Fines escalate for additional violations.
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Exempt from this Policy: Commercial, Rental, and new construction developments with multiple properties (single family homes, condos, etc.)
How Does This Impact the NorthstarMLS Withhold Policy?
NorthstarMLS has updated its Withhold Policy to comply with NAR’s Clear Cooperation Policy.
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No change: If a new listing will not be ready to go on the MLS within two business days of the contract date, it must still be entered into Add/Edit in Withhold status with the seller signed Certification to Withhold form included.
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No change: While in Withhold status, the listing may be shown to prospective buyers.
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NEW: While in Withhold status, the listing may not be marketed to the public (see section above for marketing examples). Once marketed, the listing must be converted to Active or Coming Soon status within one business day.
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NEW: On February 28, the Certification to Withhold form will be updated in Instanet, ZipForms and the NorthstarMLS website to reflect the change.
How Does This Impact the NorthstarMLS Coming Soon Policy?
The NorthstarMLS Coming Soon Policy is mostly unchanged. It is still available to promote new listings to other agents on the MLS before it is ready for showing. A few reminders about this policy and one change:
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NEW: Once placed in Coming Soon status, the listing may not be moved to Withheld status. (By placing a listing in Coming Soon status, you are marketing it outside your brokerage.)
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No change: Listings in Coming Soon status may not have showings or open houses.
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No change: Listings in Coming Soon status may be marketed outside your brokerage and to the public.
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No change: Listings may stay in Coming Soon status for up to 21 days before being automatically set to Active Status (after which you may move to TNAS status if needed).
