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January 24, 2020

Clear Cooperation Policy: How Will It Affect MARIS Members?

 



Thank you for all the member feedback we received about our implementation plan for NAR’s Clear Cooperation Policy. We listened and have made changes based on your input.


On January 10, 2020, MARIS board voted on and approved an implementation plan that was developed in concert with the input from thousands of members. When we initially announced the plan, we provided members the opportunity to complete a quick survey and provide feedback. All responses were reviewed and MARIS staff proposed changes based on member input. The board met on February 14, 2020 and approved the following changes:

  • Replace the Office Exclusive Form with the Marketing Options Form. The new form is still being developed. The form will serve as a tool for the agent to properly explain to the seller the choices of marketing their home under Active, Coming Soon and Withheld statuses. This form will be mandatory and must be available upon request by MARIS.
  • Under the Withheld status, one-to-one communication will be allowed between MARIS members. Any marketing outside of those groups (public marketing) compels the broker to place the listing in Coming Soon or Active status. 
  • Pre-active will be renamed to Coming Soon.
  • School District will be added as a required field for Coming Soon. Tax ID will only be required if available.
  • Listing Procedure rules will be updated, including the addition of definitions for New Construction and Investments Property.

We also created a downloadable PDF outlining MARIS’ implementation plan, so you can easily share this information with your team.

Continue reading below for full details.

What is NAR’s Clear Cooperation Policy (MLS Statement 8.0)?

"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."

- National Association of REALTORS® 

Why did NAR Create and Pass the Clear Cooperation Policy?

Last November, the NAR Board passed MLS Statement 8.0, also known as the Clear Cooperation Policy. The Clear Cooperative Policy was designed to support a more cohesive and collaborative marketplace — where professional REALTORS® belonging to a cooperative network (MLS) share listings with each other under a common set of rules.

When MARIS Will Implement the Clear Cooperation Policy

MARIS plans to implement the policy on April 28, 2020.


How MARIS Will Implement the Clear Cooperation Policy

The plan contains the following:

  • Form changes: Remove the MLS Exemptions Form and introduce the Marketing Options Form
  • New statuses: Withheld and Coming Soon
  • Rule changes: Listing Procedures will be updated (Section 1)

As part of our implementation plan, we will continue to educate our members about the policy over the next few months by engaging with offices and associations and distributing additional information via videos and digital communications. 


1. Form Changes

MLS Exemption
Starting on April 28, 2020, we will no longer accept the MLS Exemption form and it will be removed from our website. At that time, any listing currently being marketed to the public must be entered into the MLS within one (1) business day.

Marketing Options Form
The MLS Exemption Form has been removed from MARISmls.com as we prepare for the implementation of NAR’s 8.0 Clear Cooperation Policy. The form serves as a tool for the agent to properly explain to the seller the choices of marketing their home under Active, Coming Soon and Withheld statuses. The Marketing Options Form is optional unless the client choses Withheld. In that case, the form is mandatory and must be available upon request by MARIS. The form is now available on the Forms page of the MARIS website.

2. New Statuses
In addition to the
existing listing status options, MARIS has introduced two new statuses: Withheld and Coming Soon. These statuses are designed to ease the burden of tracking office exclusive listings and allow maximum flexibility for competitive marketing practices controlled by the brokerage in consultation with their clients.
 


Withheld listings will only be viewable in the MLS by associated members of the office. 
 


Coming Soon is a quick and efficient way for MARIS members to comply with the Clear Cooperation policy. It provides a holding spot that informs all professionals in the MARIS network with awareness of the listing — during which time the listing brokerage and home seller can work together to enact marketing strategies, get work completed on the home, have professional photography completed, etc.

Since Coming Soon listings can be publicly marketed by the agent, it is viewable in the MLS by all members. For more information regarding the Coming Soon status, please read our full blog on the revisions to the Coming Soon status.

Please note that both Withheld and Coming Soon listings must be input as Closed Listings at the completion of a sale.

3. Rule Changes

Section 1: Listing Procedures

This section will be updated to reflect the following:

Participants in the MLS shall be obligated to submit to the MLS all properties which are listed subject to a real estate Broker’s license. Only listing of the designated types of property are required to be submitted to the service.

  • COMMERCIAL, INVESTMENT, INDUSTRIAL & DISPLAY PROPERTIES ARE PERMITTED FOR INSERTION AT THE LISTING BROKER’S OPTION.

Investment Property Defined – Investment Property, to include any residential property which consists of 5 or more units within a common structure and sharing a common tax id; any package, combination or bundle of separate parcels or structures intended to be marketed and sold together as a whole; or any property managed on behalf of an owner by a property manager.

Questions?

We will be providing a number of communications regarding the Clear Cooperation Policy, but please do not hesitate to email communications@marismls.com if you have any questions in the meantime. We’re here to help!