National Association of REALTORS®
Clear Cooperation


T
his page will be updated frequently to bring you the most current information as it relates to Clear Cooperation.

NAR Clear Cooperation is Here

The NAR Clear Cooperation policy went into effect May 1, 2020. The policy requires MLS subscribers to submit their listing to the MLS within one business day of marketing the property to the public.


The policy, mandated by NAR, addresses the growing use of off-MLS listings. It does not prohibit brokers from taking office-exclusive listings, nor does it impede brokers’ ability to meet their clients’ privacy needs.

Keep your eyes on upcoming CAAR communications to learn more about the policy and the changes taking effect in the CAAR MLS on May 1.

To get a closer look at NAR's Clear Cooperation policy, click here.

April 17th Clear Cooperation Webinar: Watch Now


Field Rules for entering a Coming Soon Listing

1. The Coming Soon Status is available in these classes: Residential, Land, Multifamily

2. Coming Soon status will NOT accrue Days on Market

3. A Partial or Provisional Listing can be saved to Coming Soon status

4. On-Market Date is a required field only if you select the Coming Soon status. The On Market Date tells other agents when the listing is anticipated to be Active and available for showing or purchase.

5. Agent cannot set an On-Market Date more than 14 days after the List Date

6. Coming Soon status can be changed to Active, Withdrawn, or Hol
d

7. Once out of the Coming Soon status, a listing cannot go back to Coming Soon status unless the listing has been in an off market status more than 90 days

8. A listing in the Coming Soon status will automatically change to Active 15 days after the List Date; the agent can manually change it to Active sooner if desired

Watch May 8th CAAR Paragon Training with Coming Soon Information HERE


Best Practices for How to Avoid a Clear Cooperation Violation

This is how your business can adapt and change before a fine is imposed. As a reminder, fines will go into effect on Wed., July 1st.

  • When responding to an inquiry requesting information about a property not yet in the MLS, do not give identifiable details about the property. You CAN say, for example, “I have a 2 bed, 3 bath property coming soon in Crozet” but no additional details. Conversations with specific identifying information are considered marketing, whether in-person or written.

  • A Coming Soon property posted on social media, on your own personal website, or your firm’s public website must be entered in the MLS within one (1) business day.

  • If you are sending flyers to the neighborhood about a property that is coming on the market, the property must be listed in the MLS.

  • If you make personal phone calls to agents that you know specialize in a particular neighborhood or that type of property to let them know a property is coming on the market, the property must be listed in the MLS.

Download the How to Avoid MLS Violations & Fines handout.



Frequently Asked Questions

1. Where can I find the updated CAAR MLS Rules & Regulations document that will be implemented on May 1?
            a. Under the MLS documents link in the upper right corner of Paragon Homepage.


2. What is the Clear Cooperation Policy?
            a.
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. (Adopted 11/19)
            b. Read more information on the NAR website.

3. When does the Clear Cooperation Policy go into effect?
           a. May 1, 2020

4. What happens if I do not enter a listing within 1 business day of being marketed?
           a. You will be notified and fined as outlined in the MLS Rules & Regulations, Appendix F.
               Note: There will be an implementation phase where fines will be waived through June 30th.

5. What is the new Coming Soon status?
          a. Coming Soon = Listings that are getting ready to be shown and pre-marketed but are not available for showing appointments yet.


6. What do my sellers need to sign if I use the Coming Soon status?
           a. Please read and have sellers sign the MLS Rules & Regulations, Appendix I-Part 1 & 2

7. How long can a listing be in the Coming Soon status?
           a. 14 days. On the 15th day, the listing will automatically be converted to Active.

8. What property classes have a Coming Soon status?
          a. Residential, Land and Multi-Family

9. Do Days on Market (DOM) accrue in the Coming Soon status?
          a. No

10. What if I show a house in the Coming Soon status?
          a. You will be fined as outlined in the MLS Rules & Regulations, Appendix F.

11. What is the update definition of an Active listing?
          a. Active = Property is available for showing and for purchase.

12. How soon after my listing agreement is signed does the listing need to be available in the MLS?
          a. 1 business day

13. Who can see the Coming Soon status?
          a. The Coming Soon status can be seen by CAAR MLS subscribers in searches and reports.
          b. The status cannot be seen by subscribers in Greater Augusta Association of REALTORS®   (GAAR) or the Harrisonburg Association of REALTORS (HRAR).
         
14. What training is being offered on the new platform and MLS Rules & Regulations changes?
          a. Platform changes will be addressed during all future CAAR Paragon training sessions. Training dates will be added to the CAAR calendar and this FAQ page when available.

15. Can I include a virtual tour or virtual open house link on a Coming Soon listing?
          a. Yes.


16. Can another agent send my Coming Soon listing information to their client?

           a. Yes.


17. Can an Active or Withdrawn listing be moved back to a Coming Soon status?
           a. No.


18. Am I in violation of the Clear Cooperation Policy if my seller tells a friend or posts a message on social media promoting their Coming Soon property?

           a. No.


19. If an agent sends a broadcast email asking if anyone has a listing in a specific neighborhood or with specific features, and I respond saying one of my clients has a listing coming available soon, am I in violation of the Clear Cooperation Policy?
            a. If you respond and say that you have a client who has a listing in that neighborhood or with that specific criteria, but do not give additional details about the property, you have not publicly marketed your property and are NOT in violation of the Clear Cooperation Policy.


20. Is there a violation if a contract is offered on a Coming Soon listing “sight unseen”?
            a. No. The List Agent should move the listing to the Active status and then to the Pending status.


21. If I’ve marketed a listing as “Coming Soon” prior to May 1, do I need to add it to the MLS as an official Coming Soon listing?
            a. If you publicly market a property on May 1 or after, you must enter it into the MLS within 1 business day.


22. Will the Coming Soon listing # be the same as the Active listing #?
             a. Yes.


23. If my listing is in the Coming Soon status but will not be ready for Active status on the 15th day, what should I do?
             a. Place the listing on Hold or Withdraw the listing.


24. Can I publicly market a Coming Soon listing?

             a. Yes.


25. Will Paragon send me a reminder message letting me know that my Coming Soon listing is near the 14th day in this status?
             a. No. You will need to track the date your Coming Soon listing will automatically switch to active on the 15th day.


26. How do I report a listing that I believe violates the Coming Soon or Clear Cooperation Policy?
             a. Property address
             b. Name of Brokerage firm
             c. Name of List Agent
             d. Documentation showing the property is being shown in the Coming Soon status OR documentation that the property is being advertised when not in the MLS

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27. Is the Coming Soon status included in RETS feeds?
     
         a. No; Coming Soon listings may be publicly marketed, but are not in RETS/IDX/VOW feeds. Public marketing can include but is not limited to flyers, yard signs, digital communications marketing (email blasts), and publications available to the general public.