The Clear Cooperation Policy was implemented by Martin County Realtors of the Treasure Coast (MCRTC) effective January 1, 2020. The policy language 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.”
Download the newest version of the MCRTC MLS Rules and Regulations here.
How Do I Report a Listing that isn’t in the MLS?
If you believe a property is being publicly marketed and is not listed in the MLS per the Clear Cooperation Policy, you can submit documentation and request an MLS Review. MCRTC MLS requires documentation to investigate.
Upload a file or image reflecting the public marketing and email to firstname.lastname@example.org.
Make sure your documentation includes at least one of the following:
- Photo of “For Sale” or “Coming Soon” Sign
- Copy of screenshot showing the link to the site with the property on it
- Copy of Flyer with the listing information
- Email blast solicitation
- Screenshot of listing appearing on a private network
- Screenshot of listing appearing on Social Media
All MLS complaints are handled anonymously.
Frequently Asked Questions (FAQs)
Q: Does this policy apply to all of my listings?
A: It applies to all mandatory-entry type listings which are defined in the MCRTC MLS Rules and Regulations as single family residential, condominium, townhouse, co-op, villas, vacant lots and acreage, and two-family, three-family and four-family residential buildings for sale or exchange, which are located within the service area of MCRTC MLS. (It does not apply to Rentals or Commercial type listings, which are not mandatory-entry)
Q: What is considered “marketing to the public”?
A: Public marketing includes but is not limited to: emails blasts, flyers in public display, yard signs, digital marketing on public facing websites (to include social media, IDX, and VOW), multi-brokerage sharing networks, and open houses.
Q: Is a “Coming Soon” sign allowed to be placed on the property?
A: Any signage is considered public advertising. If you have an executed listing agreement and a sign is placed, then the listing must be entered into the MLS within 1 business day.
Q: Does MLS Policy Statement 8.0 prohibit “Office Exclusive” listings?
A: No. “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 listing, direct promotion of the listing between the brokers and licensees affiliated with the listing brokerage, and one-to-one promotion between these licensees and their clients, is not considered public advertising.
Common examples include divorce situations and celebrity clients. It allows the listing broker to market a property among the brokers and licensees affiliated with the listing brokerage. If office exclusive listings are displayed or advertised to the general public, however, those listings must also be submitted to the MLS for cooperation.
Q: Is there a form that I will need to fill out if the seller does not want the listing in the MLS?
A: MCRTC MLS does not have a form, but under the Exempted Listing rule, all listings being withheld from the MLS must be submitted to the MLS within 48 hours and must contain the seller directive to withhold the listing from MLS entry. However, once that listing is marketed publicly, it will be subject to the Clear Cooperation Policy and will need to be entered within 1 day.
Q: Can I post about the listing on my personal or business social media page before it is entered into the MLS?
A: Yes, but then the listing must be entered into the MLS within one day of doing so.
Q: What about a private / closed group or network for my company only?
A: You may promote the listing within an internal network of your own firm.
Q: What if the seller says they don’t want the property in the MLS?
A: Under the Exempted Listing rule, the seller may give you a directive to withhold the listing from MLS entry as long as the listing is filed with the MLS (email a copy of listing agreement to the MLS) which must contain the seller directive to withhold the listing from MLS entry. However, if that listing is marketed publicly at any time, it will then be subject to the Clear Cooperation Policy and will need to be entered into the MLS within 1 business day.
Q: If the listing is not going into the MLS, can I still hold an Open House?
A: An open house that is open to outside agents and the public is considered public marketing and therefore the listing would have to go into the MLS within 1 business day of the open house. If your open house is a broker-open and therefore limited to only other agents within your own firm, then it would not be considered public marketing.
Q: Can I put the listing on Zillow.com’s Coming Soon?
A: Anything advertised on Zillow is considered public marketing. If a listing is advertised on their “Coming Soon” section, it would need to be entered into the MLS within 1 business day.
Q: My seller doesn’t want me to put the listing in MLS until we have professional photos taken. Is this still allowed?
A: Yes. But the listing may not be advertised or shown until it is available on the MLS. If it is advertised or shown, then the listing needs to be entered into the MLS within 1 business day.
Q: How do the Days on Market (DOM) get affected if the listing is withheld from the MLS for a period of time?
A: When the listing gets entered into the MLS it will be entered with the effective date on the listing agreement so it will calculate the DOM from the list date.
Q: This new policy states that I have to enter my listing into the MLS within one day of publicly marketing the property. What about my other listings, do I have to enter them into MLS within one day, too?
A: The listing entry rule in the MCRTC MLS Rules and Regulations states that all listings within the service area of MCRTC (with the exception of commercial and rentals) shall be entered into the MCRTC MLS within 48 hours.
If you have any additional questions, send them to the MLS Director.