What’s New in NorthstarMLS Rules and Compliance

In recent months, there have been some updates and new interpretations to the Clear Cooperation Policy. Though we did not need to make any system updates since we were already in compliance with the NAR policy change, we have updated our policy manual to ensure compliance with NAR’s changes and interpretations. You can review the updated policy language here in Section 1.2 (h) and 3.7 Withheld Listings. 

Along with these changes, NorthstarMLS has great FAQs recently created to help you navigate through what the NAR interpretations are for withheld/CCP listings. Some of the most frequently asked questions are, “can I let agents outside of my brokerage know about my withheld listing?” and “can I show the property to another agent/buyer outside of my brokerage?” While you are not allowed to market or show the property while in Withheld, there are some exceptions. 

What are the requirements for one-on-one communication between subscribers?

If a participant has a withheld listing, the participant may normally only market that listing within the participant’s own firm and to its customers and clients and not to any other persons, consistently with the seller’s direction not to market the listing outside the listing firm.  

An individual subscriber at the listing brokerage may, however, transmit the listing to an individual subscriber of another participating firm whom they believe may have an interested prospect. The listing brokerage’s subscriber can also arrange for a showing by a subscriber with another firm. But NorthstarMLS rules impose the following clarifications on what counts as “one-on-one” communication:  

1. “The communication must not be the result of an automated tool that is designed to deliver substantively the same information to multiple Subscribers or to repeatedly deliver substantively the same information to a single Subscriber.” (Rule 1.2(h)(i).)  

1. “The communication must not originate from a Participant firm but from an individual Subscriber, and the communication must not be directed to a Participant firm but to an individual Subscriber.” (Rule 1.2(h)(ii).)  

Another exciting change to NorthstarMLS is that Fargo North Dakota has joined us as a full MLS member! What that means is our MLS service area now includes all of North Dakota. NorthstarMLS service are includes all of Minnesota, North Dakota, and counties in Wisconsin (Buffalo, Pepin, Peirce, Polk, and St Croix). To see the full guidelines for NorthstarMLS Service Area click here.