Clear Cooperation Policy 8.0 - Effective January 2020
The New York State Alliance of MLS’s (NYSAMLSs), a regional joint venture of seven Multiple Listing Services in Western and Central New York and one in Pennsylvania, has adopted a new MLS Rule as noted below. This rule has been mandated by the National Association of REALTORS® and became effective for UNYREIS/GRAR Members on January 1, 2020. Enforcement began on February 1, 2020. Each MLS within the NYS Alliance has set fines according to their rules (see UNYREIS Appendix A below).
Section 1.01 – Clear Cooperation
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)
Note: Exclusive listing information for required property types must be filed and distributed to other MLS Participants for cooperation under the Clear Cooperation Policy. This applies to listings filed under Section 1 and listings exempt from distribution under Section 1.3 of the NAR model MLS rules if it is being publicly marketed, and any other situation where the listing broker is publicly marketing an exclusive listing that is required to be filed with the service and is not currently available to other MLS Participants.
The rationale for this rule is that distribution of listing information and cooperation among MLS participants is pro-competitive and pro-consumer. By joining an MLS, participants agree to cooperate with other MLS participants except when such cooperation is not in their client’s interests. The public marketing of a listing indicates that the MLS Participant has concluded that cooperation with other MLS participants is in their client’s interests. This policy is intended to bolster cooperation and advance the positive, pro-competitive impacts that cooperation fosters for consumers.
Below are a few resources you can read to get familiar with the Clear Cooperation rule. As always, we have an education-first policy when it comes to compliance with our MLS Rules. The first time this comes up for a member, a courtesy notice will be sent in advance with opportunity provided to enter the listing.