NAR Introduces New MLS Policy to Expand Choice for Consumers
Today we are announcing the results of the National Association of REALTORS®’ thorough assessment of the Clear Cooperation Policy (“CCP”) and options to enhance consumers’ flexibility and choice in the marketing of their properties.
After many months of analysis and deliberation across the industry—including MLS leadership; Association Executives; brokerages of all sizes; agents; multi-cultural partners; and fair housing, policy, technology, and legal experts—NAR has adopted a new MLS policy, “Multiple Listing Options for Sellers.”
“Multiple Listing Options for Sellers” will exist in conjunction with CCP and other MLS policies to provide sellers and their agents more options and choice when marketing a property, while also supporting fair housing by providing buyers and their agents with equal access to important MLS property information. With this new policy:
- A consumer will have the option to market their home as a “delayed marketing exempt listing.” This means a seller can instruct their listing agent to delay the marketing of their listing by other agents outside the listing firm through IDX or syndication for a period of time.
- During the delayed marketing period, the home seller and the listing agent can market the listing in a manner consistent with the seller’s needs and interests. At the same time, the delayed marketing exempt listing will still be available to other MLS Participants through the MLS platform so they can inform their consumers about the property.
- Each MLS will have discretion to determine a delayed marketing period that is most suitable for their local marketplace.
- Listing agents representing sellers who choose to delay the public marketing of their listing must secure from their seller a signed disclosure documenting the seller’s informed consent to waive the benefits of immediate public marketing through IDX and syndication. Seller disclosure is required for both delayed marketing exempt listings and office exclusive exempt listings.
NAR is also clarifying its policy interpretation that one-to-one, broker-to-broker communications about listings do not trigger CCP requirements. However, multi-brokerage communications about a listing will constitute public marketing under CCP.
“Multiple Listing Options for Sellers” is effective March 25, 2025, and must be implemented by September 30, 2025, allowing for technical changes associated with this new seller option of delayed marketing exempt listings. Prior to local implementation, we encourage MLSs to consult with brokers and stakeholders in their market to get their input on the allowed time period for delayed marketing exempt listings.
Please note that the new policy does not change an MLS’s local mandatory submission deadlines or CCP and its requirement to file a listing with the MLS within one (1) business day from public marketing.
I’m sure you will have many questions about the changes, and we are committed to addressing those over the coming days and weeks. We have launched new resources for “Multiple Listing Options for Sellers” on facts.realtor, including an infographic and “Frequently Asked Questions,” which we will continually update and augment to meet member needs.
Thank you again to everyone who shared their feedback throughout this process. It is greatly appreciated, and we are deeply grateful for your engagement.
NAR Legal
This information is only accurate as of 3/25/25. You must contact SCR for updates and changes to this information after 3/25/25 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.