Real estate practitioners from all over the U.S. asked the National Association of REALTORS (NAR) to consider a policy that would reinforce the benefits of broker cooperation. After much discussion in several committees, including NAR’s MLS Technology and Emerging Issues Advisory Board (composed of brokers and MLS executives), the Clear Cooperation proposal was introduced for discussion and consideration. It was ultimately approved by NAR’s board of directors at the 2019 NAR Annual Meeting in San Francisco. Because Clear Cooperation is a national policy, adoption by Realtor Association MLSs is mandated to ensure consistent standards.

Clear Cooperation was implemented primarily to address concerns with listings available for sale with exclusive listing contracts that are required to be listed in the MLS. There are some property types excluded from this, including new construction with multiple properties under a blanket listing agreement.

Whether this is a violation or not depends on the circumstances around the listing agreement. There are many situations (especially in this seller’s market) where a listing goes under contract immediately. The crux of the question and discovery would surround the order of events: Was a listing agreement signed and publicly advertised BEFORE it was submitted to MLS? Was it under contract within the 48-hour submission timeframe? And, conversely: Was a buyer identified and contracted with before the listing agreement was signed or within the 48-hour timeframe?

Yes. Because there has not been a listing agreement signed yet, Clear Cooperation is not in effect.

Yes. This is an Exempt Listing. The listing broker can withhold the listing from the MLS if the following stipulations are met:

• The seller(s), listing broker and listing agent must sign the Seller’s Waiver of Broker Cooperation and Public Advertising and email the form to data@realtracs.com.
• No public marketing (as defined below) outside of the listing agent’s brokerage is permitted.
• If public marketing takes place, the listing must be entered in the MLS within 48 hours of such marketing.
• If a listing agent has an Exempt Listing from the MLS that is being publicly marketed there are two options on the day Clear Cooperation goes into effect:
  • Within 48 hours of May 1, list the property in MLS to continue marketing.
  • Remove all existing instances of public marketing and have the Seller’s Waiver of Broker Cooperation and Public Advertising completed and signed by the seller(s), listing broker and listing agent, and then email the form to data@realtracs.com.

The easiest way to define public marketing is to share Realtracs Rule 1.14:

Public Marketing. Marketing a listing to the general public through flyers displayed in windows, yard signs, digital marketing on public-facing websites, brokerage website displays (including IDX and VOW), digital marketing such as email campaigns and social media applications, intra-brokerage and/or intra-agent listing sharing networks, and other similar marketing and advertising activities. Direct promotion of the listing between the participant and her/his users affiliated with the listing brokerage, and one-to-one promotion between these users and their clients, is not considered public marketing.

Realtracs has a solution for seller privacy, which has been around for several years. When entering a listing in the MLS, select “No” for the Internet List selection. This will keep the listing from being sent to all advertising, franchise, realtracs.com and IDX websites. The listing will only be available for viewing by other Realtracs subscribers in realtracs.net. If you or your seller wish to still withhold the listing from MLS, the listing becomes an Exempt Listing and must follow the public marketing guidelines above and as defined in Realtracs Rule 2.9.

Violations can be reported to data@realtracs.com. The email should include the property address, the listing agent and office, and the reason it is believed there was a listing being withheld from MLS that was publicly advertised.

No. Advertising listings without a valid listing agreement is a violation of the Tennessee Real Estate Commission’s rules on advertising.

No. However, public marketing (other than showings) is permitted while a listing is Coming Soon. Please note that the prohibition of showings in Coming Soon also includes users in the same brokerage as the listing agent.

Of course. A sight-unseen offer is not uncommon, especially in multi-offer or competitive situations. However, showings are not permitted while in Coming Soon status.

Listings are required to be entered within 48 hours of the date shown on your signed listing agreement. Also, if your listing is withheld from MLS (Exempt Listing), the listing must be entered in MLS within 48 hours of public marketing.

You are free to do whatever business practice works for you. However, as a condition of membership with Realtracs, if you have an Executed Listing agreement and are marketing the property in Coming Soon groups, it must be submitted to MLS.