The National Association of Realtors (NAR) released updated guidance last week clarifying how office-exclusive listings and pre-marketing options must operate within multiple listing services, reinforcing brokers’ duties to follow local MLS rules and the Clear Cooperation Policy.

The resource, titled “Office Exclusive Listings / Pre-Marketing Guidance,” is aimed at helping agents and brokers explain listing choices to sellers and stay compliant with MLS submission and marketing rules, according to the document.

In the guidance, NAR reiterated that an office-exclusive listing is an option a seller can choose when they want their property listed with limited exposure and no public marketing.

Under the guidance, an office-exclusive listing is filed with the MLS, shared only with agents within the listing firm, as allowed by the listing contract, is not publicly marketed and is not disseminated to MLS participants and subscribers outside the listing firm. 

NAR emphasizes that the choice to use this option “belongs entirely to the seller” and must be based on the seller’s best interests, which can include health, safety, privacy or other factors that outweigh the benefits of broad market exposure and broker cooperation through the MLS.

Pre-marketing options tied to local MLS rules

The guidance also addresses pre-marketing listing options such as “Coming Soon” statuses and delayed marketing exempt listings (DMELs). These options may give sellers and listing brokers more flexibility around timing and exposure, but they must operate within MLS rules.

According to NAR, local pre-marketing options, where offered, must comply with local MLS rules, including submission requirements and deadlines and follow the seller’s informed instructions. Sample use cases cited in the document include early marketing strategies, managing property preparation timelines, generating interest before a full launch and limiting exposure before full launch.

Unlike true office exclusives, many pre-marketing statuses are still considered on-market or partially on-market. NAR notes that when a listing is already filed with the MLS and available to other participants and subscribers, the listing brokerage is in compliance, even if exposure is limited or delayed under a local status.

The guidance points out that some states, including Wisconsin, Washington and Connecticut, have enacted laws or regulatory requirements that affect pre-marketing practices. NAR urges brokers to consult state law and licensing authorities in addition to MLS rules.

Broker responsibilities: informed choice and disclosure

Before using an office-exclusive listing or a pre-marketing option, NAR says listing brokers must explain all listing options to the seller, including how each aligns with the seller’s goals, marketing strategy and best interests; secure the seller’s informed instructions; and complete required disclosures for office-exclusive and delayed marketing exempt listings.

The required disclosures must disclose the professional relationship between the MLS participant and the seller, acknowledge that the seller understands the MLS benefits they are waiving or delaying, such as broad and immediate exposure and confirm that the seller’s decision that their listing will not be publicly marketed and disseminated by the MLS (office exclusive) or will not have immediate public marketing through IDX and syndication (delayed marketing). 

NAR’s guidance notes that local MLSs may impose additional disclosure requirements for “Coming Soon” and other pre-marketing options.

Clear Cooperation: when public marketing triggers MLS submission

The guidance includes a compliance checklist tied to the Clear Cooperation Policy (CCP), which requires MLS participants to submit a listing to the MLS within one business day of public marketing.

If a listing is an office exclusive, NAR’s guidance outlines two scenarios as to when the listing must be submitted to the MLS. This includes if the listing is publicly marketed or if the listing broker wants to tell an outside broker or agent in a way that is not one-to-one, broker-to-broker communication.

Even if the listing broker does market it through one-to-one, broker-to-broker communication, they must obtain a disclosure ensuring that the receiving broker does not market or show the property. Any marketing or showing that reaches beyond true one-to-one contact could trigger Clear Cooperation requirements, NAR said.

Previous NAR guidance outlines one-to-one, broker-to-broker communication as directly telling one other agent or broker either verbally or in writing about a listing.

MLS, VOWs and enforcement

The document also restates NAR’s position on the MLS as a “pro-competitive, pro-consumer” system that benefits buyers, sellers and brokers through transparency and cooperation.

On virtual office websites (VOWs), NAR says that to support cooperation, fair housing and transparency — and based on prior discussions with the U.S. Department of Justice  (DOJ) — all active listings in an MLS must be available through a VOW data feed.

MLSs have discretion to define “active” versus “non-active” listings, but NAR stresses that statuses must accurately represent the property’s availability. Some MLSs treat listings as non-active or off-market if the property cannot be shown, is not tracking days on market or does not have a list price.

Local MLSs are responsible for enforcing their own rules, including Clear Cooperation, and for evaluating potential violations and sanctions. Participants are expected to understand and explain those rules to clients, according to NAR.

This guidance comes as various industry players roll out pre-marketing products and others look to explore private listing networks.

This article was written by Brooklee Han and generated with the assistance of HousingWire Automation, then reviewed by a HousingWire editor before publication.

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