Effective May 1st, SWMLS members who list a residential property, must submit it to the MLS within one (1) business day of marketing it to the public.
Public marketing is any promotion such as:
Yard Signs, Flyers, or Printed Materials
Brokerage Website Displays (including IDX and VOW)
Digital advertising or Social Media
Communication with other Brokerages
And even, Verbal Communication
Clear Cooperation FAQ
Q. Upon taking a new listing, your seller instructs you to hold on entering the listing in the MLS till next week. Later that afternoon you post on Facebook that you have a 3 bedroom available next week. Are you in violation of Clear Cooperation? A.Yes. The listing must be submitted into the MLS with 1 business day of marketing to the public.
Q. You decide to list your own home for sale and put your For Sale sign in the yard. You've decided to wait on submitting to the MLS for a few days so you can clean out the garage. Are you in violation of Clear Cooperation? A. Yes. Owner/Broker listings must be submitted to the MLS within 1 business day of marketing to the public. Q. A former client calls and wants you to list a duplex in town. A listing agreement is signed electronically and you agree to submit to the MLS the following week. You begin sharing the upcoming property immediately with the other agents at your office. Is this a violation of Clear Cooperation? A. No. Clear Cooperation would not apply if the listing is only shared with brokers at the same MLS office. However, if the listing is shared with other brokers who are not under the same MLS office ID, then the listing would need to be submitted to the MLS within 1 business day of marketing it to them.
Q. You have a listing for a home that will be submitted to the MLS next weekend. There is no For Sale sign in the yard, no marketing is being done, and you have not discussed the listing with anyone besides the owner. Does the Clear Cooperation Policy apply? A. No. Clear Cooperation does not apply as no marketing has been done.
Q. You have an upcoming Commercial building that you are going to submit to the MLS in 2 weeks. You immediately place a For Sale sign in front of the building. Is this a violation of Clear Cooperation? A.No. Clear Cooperation does not apply to Commercial Properties. It applies to Residential and Residential Income with less than 4 units.
Q. You have a listing that is not ready for showings but your seller want to start marketing it to the public right away. How do you stay in compliance with Clear Cooperation? A.Enter the property in the MLS as Coming Soon. The property can be in this status for 14 days.
Q. You have a listing agreement and the seller does not want the property submitted to the MLS. What are your options? A. The Clear Cooperation Policy does not include an option for a seller to “opt out". Any residential listing that is “publicly” marketed must be submitted to the MLS and shared with other brokers within 1 business day. If that listing will only be shared with brokers within your own MLS office, it is considered an Office Exclusive. An Office Exclusive is not required to be submitted to the MLS as long as there is no public marketing.
Q. Who can I share my Office Exclusive with? A. Under Clear Cooperation, you can only share an Office Exclusive with brokers that are licensed under the same MLS office ID.
Q. If a seller approaches me to take a listing, but a listing agreement has not yet been signed, can I share the property details with anyone? A. A listing agreement is necessary for Clear Cooperation to apply. However, if there is no listing agreement (or anything in writing) a broker has no authority to act on behalf of a seller. Also, it is risky for a broker because there is nothing contractually obligating the seller to work with or compensate the broker even after services have been performed.
Q. If a broker belongs to multiple MLSs, does it matter which MLS a listing is submitted to? A. Yes. A listed property needs to be submitted to the MLS service area where the property is located. Submitting a listing to an out-of-area MLS violates the Clear Cooperation Policy.
Q. A brokerage takes a listing as an Office Exclusive while the property is prepared for marketing (repairs, photos, floor plans, etc., ). A buyer working with another brokerage learns of the property and wishes to see it before it's submitted to the MLS, can the brokerage show the property? A. Yes, the listing brokerage can show the property, but must submit the listing to the MLS within 1 business day of showing it to that buyer.
Q. After showing the above Office Exclusive to a buyer, no offer comes, can the listing brokerage withdraw it from the MLS to continue preparing the property and then re-submit it later? A.Yes, the property can be withdrawn to continue preparations for marketing as long as its not made available to anyone during that time. A violation of Clear Cooperation would occur if it was made available or marketed to a limited group.
For questions on Clear Cooperation,
contact the SWMLS Help Desk at 505-843-8833