Exempt Listings and Clear Cooperation Policy, approved in November 2019
“Section 1.3 Exempt Listings
If the seller refuses to permit the listing to be disseminated by the service, the participant may then take the listing (office exclusive) and such listing shall be filed with the service but not disseminated to the participants. Filing of the listing should be accompanied by certification signed by the seller that he does not desire the listing to be disseminated by the service.
Note 1: Section 1.3 is not required if the service does not require all (indicate type[s] of listing[s] accepted by the service) listings to be submitted by a participant to the service.
Note 2: MLS Participants must distribute exempt listings within (1) one business day once the listing is publicly marketed.See Section 1.01, Clear Cooperation.”
Source: NAR
MLSOK Rules for Exempt Listings
“3.10.1 Office Exclusive: Is an exempt listing where the seller has directed that their property not be disseminated through the MLS and not be publicly marketed. The office exclusive listing shall be filed with the MLS but not disseminated to other MLS Participants and Subscribers.
The Participant shall have the seller sign a written statement excluding the MLS Listing Information from dissemination. The Participant may then take the listing (office exclusive), and MLS Listing Information and seller’s signed statement shall be filed with the MLS within one (1) Business Day of the Commence Date but shall not be disseminated to the Participants. Exempted listings cannot be publicly marketed, as that term is defined in Section 3.1.2 of these Rules. Participants must distribute exempt listings within one (1) business day once the listing is publicly marketed.”
Source: MLSOK Rules and Regulations
MLSOK Compliance Guidelines for Exempt Listings
“SECTION 5: SERIOUS VIOLATIONS
- Failure to enter a listing within one (1) business day after publicly marketing the property;
- Failure to file with the MLS, within two (2) business days, any certification executed by seller of seller’s request that property shall be exempt from MLS;
Fines for Serious Violations are as follows:
First Infraction: Warning notification
Second Infraction: $250.00 fine
Third Infraction: $500.00 fine; and referral to MLS Board of Directors for review and discipline if applicable.”
Source: MLSOK Compliance Guidelines