1. Can a delayed marketing exempt listing be shown to potential buyers during the delayed marketing period?
Yes, MLS Participants and Subscribers may arrange showings and tours of the property subject to the seller’s instructions.
2. Who is responsible for developing the seller disclosures required for both office exclusive and delayed marketing exempt listings?
MLSs are responsible for enforcing the seller disclosure requirements like other MLS rules.
An MLS can develop and require the use of a particular disclosure form or allow the use of any disclosure form if it meets the policy requirements.
3. Who benefits from the new delayed marketing listing option and the clarifying interpretation of one-to-one, broker-to-broker communications?
Each works towards providing a home seller the choice and flexibility to determine how they and their listing broker will market and sell the property pursuant to the seller’s interests.
4. How is the delayed marketing exempt listing different from the option to opt-out of IDX and/or syndication?
Under IDX policy, a seller could opt-out of IDX provided that the property does not appear on the Internet or on other forms of electronic display, including display by the listing firm.
With a delayed marketing exempt listing, while others will not be able to advertise the property via IDX and syndication, the seller can authorize their listing broker to advertise the property online, such as on the listing broker’s website or elsewhere.
Also for delayed marketing exempt listings, the listing broker must secure a signed disclosure from the seller documenting the seller’s informed consent to waive the benefits of immediate public marketing through IDX and syndication.
5. Can an MLS repurpose an existing MLS field or function to satisfy the requirements of the new delayed marketing exempt listing?
Yes, MLSs have local discretion on how to best implement the Multiple Listing Options for Sellers policy.
MLSs must ensure their implementation meets all the requirements of the policy and that their governing documents are updated accordingly.
6. Can an MLS prohibit showings for delayed marketing exempt listings?
No, delayed marketing exempt listings are considered an active listing.
The showings of a delayed marketing exempt listing are subject to the seller’s instructions and applicable law.
An MLS may not prohibit the showings for delayed marketing exempt listings.
7. Should a delayed marketing exempt listing be considered an active listing?
Yes. While a delayed marketing exempt listing will not be available for others to publicly marketing through IDX and syndication during the delayed marketing period, the property can be marketed by the listing broker and will be available for other MLS Participants and Subscribers so they can inform their consumers, arrange showings, and/or submit offers like other active listings in the MLS.
8. Can an MLS exclude delayed marketing listings from VOW data feeds?
No, an MLS cannot exclude delayed marketing exempt listings from appearing as part of VOW data feeds.
A VOW display is not for advertisement but to help with the provision of brokerage services to consumers with whom there is an established broker-consumer relationship.
9. Can a seller choose to convert an office exclusive exempt listing to a delayed marketing exempt listing?
Yes, the seller can decide to change their marketing strategy from an office exclusive exempt listing to a delayed marketing exempt listing.
The listing broker needs to ensure they have secured from the seller a signed disclosure documenting the seller’s informed consent to waive the benefits of immediate public marketing through IDX and syndication.
10. Can a seller and their listing broker choose to advertise a delayed marketing exempt listing on other websites, portals, social media, or elsewhere on the internet?
Yes, during the delayed marketing period, the home seller and the listing broker can market the listing in any manner that is consistent with the seller’s needs and interests subject to applicable law.
11. Can an MLS Participant or Subscriber obtain an MLS data feed of their listing information and use it to display a delayed marketing listings on other websites or portals?
Yes, pursuant to Policy Statement 8.3, Right of Participant to MLS Data Feed of Listing Content, an MLS must, upon request, promptly provide an MLS Participant or their designee a data feed containing, at minimum, all active MLS listing content input into the MLS by or on behalf of the Participant, subject to any delivery changes reasonably related to the costs incurred by the MLS.
12. Can a listing broker for a delayed marketing exempt listing put a yard sign on the property?
Yes, the seller and listing broker may market the property in any manner consistent with the seller’s needs and interests subject to applicable law.
13. Can an MLS Participant or Subscriber use the MLS’s CRM software or other consumer-oriented vehicles?
Yes, subject to local MLS rules and procedures, a delayed marketing exempt listing can be shared by MLS Participants and Subscribers through CRM software or other means that are not IDX and syndication to inform their consumers about the property.
https://www.nar.realtor/the-facts
This information is only accurate as of 3/27/25. You must contact SCR for updates and changes to this information after 3/27/25 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.