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April 28, 2020

Clear Cooperation Policy: Frequently Asked Questions

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Author: Jeff Bosch

NAR 8.0 Clear Cooperation Policy and MARIS Implementation FAQ:

  1. What is NAR 8.0 Clear Cooperation Policy?
  2. When does CCP go into effect for MARIS members?
  3. Does CCP modify MARIS rules on listing entry?
  4. Will MLS Exemptions still be allowed?
  5. When do I use the new Marketing Options Form?
  6. Why did MARIS introduce two new statuses?
  7. How does CCP affect my marketing plan and how I educate the homeowners about their options?
  8. Are members required to close listings that are sold while in the Withheld and Coming Soon Status?
  9. Why has MARIS introduced the Coming Soon Status?
  10. Does coming soon replace Active?
  11. Why has MARIS introduced the Withheld Status?
  12. Are all listings subject to the Clear Cooperation Policy?
  13. How are you going to enforce or deal with violations of Office Exclusive and Withheld?

 

  1. What is NAR 8.0 Clear Cooperation Policy?
    1. November 2019, the NAR Board passed MLS Statement 8.0, also known as the Clear Cooperation Policy. The Clear Cooperation Policy (CCP) 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.

The policy states: "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."

  1. When does CCP go into effect for MARIS members?
    1. April 28, 2020.
  2. Does CCP modify MARIS rules on listing entry?
    1. Yes. MARIS rules allow up to 5 business days to enter a listing as Active, Coming Soon or Withheld. However, if a listing is publicly marketed (ie sign in yard, email blast, etc.),the "one business day" requirement of CCP overrides and the property cannot be Withheld.
  3. Will MLS Exemptions still be allowed?
    1. No, by introducing the Withheld Status to provide for Office Exclusive listings, MARIS has effectively replaced the MLS Exemption policy to ensure members are able to comply with CCP. MARIS has removed the MLS Exemption form and introduced a Marketing Options Form.
  4. When do I use the new Marketing Options Form?
    1. The new form is only required if the listing will be Withheld but may be used with every new listing at broker discretion. It is not necessary to update the form if a listing progresses to a new status (ie Withheld --> Coming Soon)
  5. Why did MARIS introduce two new statuses?
    1. MARIS is providing these statuses as part of our local implementation of CCP. 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.
  6. How does CCP affect my marketing plan and how I educate the homeowners about their options?
    1. Each listing and seller have unique needs. Listing agents can customize their marketing plan by choosing a starting point or even progressing in steps through different statuses. Please consult the Marketing Options Form for more information. This form can be used to communicate in clear terms to the seller the status options to market a property.
  7. Are members required to close listings that are sold while in the Withheld and Coming Soon Status?
    1. Yes. A listing that is sold in any status must be entered as closed. All information required for closing a property must be provided for comp only purposes. If publication of listing information is a concern due to non-disclosure please ensure you mark “internet=no” when you close the listing.
  8. Why has MARIS introduced the Coming Soon Status?
    1. Coming Soon is a quick and efficient way for MARIS members to comply with NAR Clear Cooperation Policy 8.0. It provides 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.
      • Coming soon listings are distributed to brokerage IDX and VOW unless marked “internet no”, but do not feed to Zillow, Realtor.com, Trulia, etc. from MARIS. They are also available in back office feeds for internal brokerage products.
      • A broker may distribute their listing as they wish while in the Coming Soon status, there are no MLS restrictions on public marketing (Coming Soon signs, Posting to Websites or Portals, FB listing sharing networks, etc.) as this status is viewable by all MARIS members and complies with CCP. Advertising does not trigger a requirement to move a listing from Coming Soon to Active.
      • DOM does not accrue in Coming Soon.
      • Due to Covid-19, the maximum time allowed in this status has been expanded from 21 to 60 days, after which the listing will automatically switch to Active. As the effects of Covid-19 ease, the time allowed in this status will be adjusted back down to 21 days.
      • Showings are optional, meaning the seller/listing agent can elect to show everyone or show no one the property while in this status. This will be communicated by the new “Showings Y/N” field and showing instructions
  9. Does coming soon replace Active?
    1. NO. Active is still the widest possible distribution of a listing.
  10. Why has MARIS introduced the Withheld Status?
    1. CCP does not prohibit Office Exclusives. “Office Exclusive” listings are an important option for sellers concerned about privacy and wide exposure of their property being for sale. In an Office Exclusive, promotion within the listing brokerage, with clients of the brokerage (such as those under a buyer’s agency) and one-to-one communication with Realtors outside of the brokerage is not considered public advertising.
      • Minimal MLS entry is required for this status
      • Withheld listings are only viewable by the listing brokerage and MLS staff
      • DOM does not accrue in this status
      • There is no time limit on this status
      • Withheld listings may be shown and sold.
      • If sold, a withheld listing must be recorded accurately for comp purposes but does not feed outside of MARIS systems.
      • Public marketing of the property by the brokerage, seller, stager, photographer, etc. will trigger the requirement that a Withheld listing be moved to Coming Soon or Active within one business day
      • Withheld listings do require that the Marketing Options Form be completed, signed, and kept with brokerage listing paperwork.
  11. Are all listings subject to the Clear Cooperation Policy?
    1. No. Please consult the MARIS rules and regulations for required listing and property types.
  12. How are you going to enforce or deal with violations of Office Exclusive and Withheld?
    1. The new statuses will be enforced in the same manner all MARIS rules and regulations are. The enforcement policy can be found here. MARIS will monitor the use or abuse of the new statuses and work with board of directors to craft more stringent enforcement policies if needed.