The National Association of Realtors has just voted to ban this practice, a rule that is long in coming.Called the "MLS Clear Cooperation" policy, it calls for all listings taken by Realtors for their sellers to be entered into their member MLS within one business day of marketing the property to the public.
The current rule, to be effective January 1, 2020 and implemented May 1, 2020, is as follows:
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. (MLS Statement 8.0, NAR Handbook on Multiple Listing Policy)The implementation of this rule is considered to be in the consumer's best interest, which means his/her property is exposed on the multiple listing service to a broad audience of prospective buyers and their agents, rather than the creeping practice in many highly competitive markets of keeping listings restricted to certain groups, and not known to the general public. This practice is completely contrary to the entire purpose of the multiple listing services across the country which exists for broadcasting of available properties and brokers cooperating with each other on the buying and selling of bona fide listings. This new rule does not mean at this point that a seller cannot take a listing and then get a little more time to prepare before allowing buyers to view their home, it does mean that the property may not be marketed as described above until it is placed into the MLS (multiple listing service) to which the Realtor belongs. Doing so actually gives the consumer the most exposure on the market. To illustrate, in San Francisco, the share of homes selling as pocket listings increased 68% between 2010 and 2018. By keeping properties off the open market, and thus fewer prospective buyers, sellers ran the risk of losing offers.
The work and final submission of this new rule did not happen in a vacuum, there is a 130-person Multiple Listing Issues and Policies committee for consideration, and if approved, the proposal moves on to NAR’s 900 member board of directors for final ratification.
Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996
