As of May 1st, the Tahoe Sierra MLS has adopted the NAR Clear Cooperation Policy.
The new policy is mandatory. That means that all REALTOR owned MLSs are required by NAR to adopt the policy into their rules in order to continue stay within the bounds of their NAR charter and receive NAR AOR/MLS insurance coverage. Here is the full text of the NAR Clear Cooperation Policy that has been incorporated into our TSMLS rules: 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 RETS, IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.
Understanding the Coming Soon status and Withdrawn Waiver Filed status
Before, a seller could withhold consent for an agent to place a listing in the MLS by way of a signed Sellers Instruction to Exclude from MLS form (SELM), and the agent could do whatever off-MLS marketing he or she liked. Under the new policy, the SELM is much more limited. If an agent is engaged in any form of public marketing (signs, flyers, Facebook, private networks, portals, etc.), the listing must be on market, Active (A) or Coming Soon (CS) status in the MLS. When using the SELM, Box 9 will always be checked, as TSMLS has adopted the Clear Cooperation Policy. If a seller requests marketing to the public by checking Box 8A or 8B on the SELM, it must go in the MLS as Coming Soon (CS) or Active (A) status. Public marketing is the time trigger, the scope of the SELM is greatly narrowed when Box 9 is checked, it only leaves Box 8C as a viable option. You do not need an SELM with a Coming Soon (CS), as it is an on-market status. Days on Market and Days on MLS will calculate, you are doing some public marketing and you are accepting offers. You should have your seller sign form Sellers Instruction to Exclude from the Internet (SELI) when using the Coming Soon status. There is no time limit in the MLS rules, but until it is turned to Active (A) it will not go to any internet websites. The Board will not be collecting SELI forms.
If your seller does not want the listing to go on the MLS while you prepare it for market, you would then have your seller sign the SELM form with Box 8C checked, and submit the SELM to the Board. There will be no public marketing, you are not showing the property, and you are not accepting offers. It is off market during the time frame indicated in the SELM. As the property is not on the MLS, it will not accrue days on market.
If your listing is on the MLS, and your seller wishes to remove it from the MLS for a period of time, you would have your seller sign the SELM form with Box 8C checked, then change the status to Withdrawn Waiver Filed (WDN) and submit the SELM to the Board. Withdrawn Waiver Filed (WDN) is a temporary off-market status, Days on Market and Days on MLS stop. All public marketing will stop. You are not showing, and you are not accepting offers. It is off market during the time frame indicated in the SELM.