Clear Cooperation Policy

The National Association of REALTORS Clear Cooperation Policy is effective in Utah on February 1, 2020. Below is a link to the WFRMLS FAQ's page and a summary of those questions.

https://www.utahrealestate.com/clearcooperation#FAQs

Policy Summary

At the National Association of REALTORS® (“NAR”) Annual Governance Meetings in November, the NAR Board of Directors passed a new “Clear Cooperation Policy” which MLSs are required to adopt.

The policy states that if a property is publicly marketed (via websites, a yard sign, social media, email blasts, etc.), a listing for that property must be added to the MLS within one (1) business day of the first public marketing of that property.

Examples of Public Marketing

Yard Signs

Social Media

Email

Flyers / Mailers

Websites

Listing Sharing Networks

Frequently Asked Questions

An MLS Exclusion Form should be used if a property is not being publicly marketed (i.e. the listing is an Office Exclusive Listing).
No. A broker that markets a property internally within that broker’s office is still permitted to do so with the seller’s consent. An MLS Listing Exclusion Form must still be filed with the MLS. However, please note, the property cannot be publicly advertised, as a listing cannot be both promoted “publicly” and “exclusively.”
You still have 5 business days, (4 business days for Washington County Board MLS), unless filing the Exemption form with MLS, to input a listing after entering into a listing agreement with your seller.  However, if you publicly advertise the listing, it must be activated in the MLS within 1 day.
The MLS does not have a “Coming Soon” status. If the marketing of a property is promoting the property as “Coming Soon” to the public, a listing for that property must be added to the MLS within 1 business day of the public marketing.

In such cases, a listing can be in the “Active” status if being shown within 5 business days of the listing being active on the MLS, otherwise the listing would need to be in “Off Market.”  (WCBR does not have an "Off Market Status".
No, this policy does not apply to properties that are “To Be Built” or “Under Construction.” However, this policy would apply to a property in a new construction subdivision that is built and ready to be sold, provided that property is listed with a brokerage that is a member of the MLS.
Your listing would need to be added to the MLS, either within 5 business days of the effective date of your listing agreement or when the listing is marketed to the public, whichever is sooner. Use of the “Off Market” status is recommended in cases where a property is not available for showing. If a listing is in the Off Market listing status, days on market will not accumulate, photos are not required, and the listing will not be visible on UtahRealEstate.com, any broker or agent Internet Data Exchange (“IDX”) websites, or any syndication websites.
The Clear Cooperation Policy was presented to and passed by the National Association of REALTORS® Board of Directors in November of 2019. All MLSs must adopt the policy by May 2020.
UtahRealEstate.com, will be adopting the Clear Cooperation Policy on February 1, 2020.  Washington County has also implemented this Policy as of February 1, 2020.
An “Active” listing must be available for showings within a reasonable period of time, which is generally within 5 business days after the listing has been placed in the Active status.

An “Off Market” listing means the property is temporarily not available for showings for a period of time that generally exceeds 5 business days.
Yes. Advertising your listing on “private listing networks,” which may include but are not limited to email groups, social media groups, and other networks that include real estate professionals from different brokerages, is considered a form of public marketing. If a listing is advertised through one of these networks, the listing must also be added to the MLS, so that all cooperating agents are aware of the listing.
No. This policy applies to all residential listings. The following are exceptions to this Policy:

  • Exclusive Office Listings (i.e. Listings that are not marketed to the public)
  • Commercial, industrial, and business properties
  • Residential properties with 5 or more units
  • Properties that are “To Be Built” or “Under Construction”
If a property is not yet available for a showing, but is being marketed to the public (which would include having a sign in the yard), the listing would need to be submitted to the MLS within the 1 business day time frame. Upon submission, the listing could be kept in the “Active” status if the listing is available for showings within the next 5 business days, or could be placed in the “Off Market” status if the property is not available for showings within the next 5 business days. DOM would not calculate if the listing were in the “Off Market” status.  (WCBR does not have an "Off market" status.)
If you have a valid listing agreement and you place a sign on a property, the sign is considered public marketing, and a listing must be added to the MLS within 1 business day of any type of public marketing of the property.
“Public Marketing” includes, but is not limited to, the following:

  • Yard signs
  • Flyers displayed in windows
  • Social media networks
  • Digital marketing on public facing websites
  • Brokerage website displays which include IDX and VOW displays
  • Digital communications marketing which includes emails, multi-brokerage listing sharing networks, etc.
  • Any other applications available to the general public.
Even if you belong to multiple MLS's, as a member of the UtahRealEstate.com, or WCBR MLS, brokers are required to add all listings that meet the criteria for mandatory submission to UtahRealEstate.com, or WCBR which are all listings except the following:

  • Exclusive Office Listings (i.e. Listings that are not marketed to the public)
  • Commercial, industrial, and business properties
  • Residential properties with 5 or more units

UtahRealEstate.com Rule 1.0.2

Tier 4 Violation - $500 Fine

Effective February 1, 2020

“Clear Cooperation & Public Marketing. 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 which include IDX and VOW displays, digital communications marketing which includes email blasts, multi-brokerage listing sharing networks, and any other applications available to the general public.”
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