Dear Members:
Beginning today, May 1, 2020, the Glendale Association of REALTORS® and i-Tech MLS are implementing a MLS Clear Cooperation Policy. At times, informally referred as “Rule 8.0,.” This new rule is now required by the National Association of REALTORS®. Every MLS from all REALTOR® Associations, including i-Tech, are required to implement this policy.
Participants and subscribers to GAOR i-Tech MLS are subject to this policy beginning May 1, 2020. Participants or subscribers to CRMLS, CLAW or other MLSs are urged to check with those respective MLSs on their own schedules and processes for enforcing the new rules.
WHEN LISTINGS MUST BE SUBMITTED TO THE MLS.
The listing broker/listing agent must submit to the listing to the MLS under the following conditions:
- Within one business day of marketing a property to the public under the Clear Cooperation Policy
- Within two business days of obtaining a signed listing agreement or the listing start date specified in the listing agreement, whichever is later
A “business day” is defined as Monday through Friday, excluding Saturdays, Sundays, and state or federal holidays.
PUBLIC MARKETING DEFINED.
Under the Clear Cooperation Policy, 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.”
If a listing is held off the MLS, no public marketing may occur.
GRACE PERIOD.
Because this is a significant change to our MLS rules, GAOR will have an educational grace period
beginning May 1 and ending on August 1, 2020
. Fines and violations will be issued after this grace period. At the sole discretion of the MLS Committee and the Board of Directors, fines and violations may be issued during the grace period to agents who repeatedly do not follow the new rule.
C.A.R. FORM - SELM.
C.A.R. Form SELM (updated December 2019) is required to be submitted to GAOR within two business days of obtaining a signed listing agreement.
Listing agent and/or listing broker must check Box 9 and follow the instructions in that box.
The dates on the signed listing agreement and on the Form SELM must match; if they do not match then GAOR staff may request a copy of the full listing agreement to ensure compliance, or it may be deemed a late-entry violation.
A Form SELM submitted without Box 9 checked will be returned as incomplete.
C.A.R. will release a new Form SELM that reflects the Clear Cooperation Policy.
Until that update is released, the current Form SELM (updated December 2019) with Box 9 checked is required. This form is available on zipForm or on C.A.R.’s website at
www.car.org
.
GAOR staff cannot provide legal advice or assistance on how to fill out the Form. Listing agent and/or listing broker are advised to consult their legal counsel or contact the C.A.R. Legal Hotline for assistance.
ENFORCEMENT OF MLS RULES.
GAOR/i-Tech MLS deems that listing brokers and listing agents who are members of GAOR and/or i-Tech MLS are subject to enforcement and issuable fines of the i-Tech MLS Rules and Data Integrity Standards at the sole discretion of GAOR – regardless of the address or physical location of the listing property and regardless of whether property is within the geographic area served by the Glendale Association of REALTORS® as defined in collaboration with the National Association of REALTORS®.
FINE SCHEDULE.
A fine schedule for enforcing the Clear Cooperation Policy is under development at GAOR and will be released before expiration of the grace period on August 1, 2020.
Regards,
