Over the last three (3) Years, NAR has provided REALTORS® with their stance on “Off-MLS” listings through articles and a more recent video. Please make sure you understand that stance before making the decision to keep a listing off the MLS under a “Coming Soon” or “Not at All” situation.
Additionally, please be aware of these REALTOR® Code of Ethics and/or MLS-related rules, regulations, or policies that tie into this topic:
- REALTORS® are bound by the REALTOR® Code of Ethics to get the best deal for their client. Sellers should be cautioned that restricting a large pool of eligible buyers from knowledge of the sale of a property could reduce its final sale price.
- Anytime Realcomp REALTORS® take an Exclusive Right to Sell or Exclusive Agency listing, per Realcomp's MLS Rules and Regulations, you have agreed to submit these listings to the MLS for publication.
- Realcomp’s MLS Rules & Regulations – Section 1.0: The Profile Form portion of listings of real or personal property within the jurisdiction of the Realcomp II Ltd. defined as the State of Michigan shall be delivered to the MLS Office or entered into the MLS computer 48 hours after all necessary signatures have been obtained…
- If a listing is being advertised as being available for showings on an outside real estate portal/website, it must also be available for showings through the MLS. If this is not the case, Realcomp should be notified.
- REALTOR® Code of Ethics – Preamble: Realizing that cooperation with other real estate professionals promotes the best interests of those who utilize their services, Realtors®... do not attempt to gain any unfair advantage over their competitors ...
- REALTOR® Code of Ethics – Standard of Practice 3-8: Realtors® shall not misrepresent the availability of access to show or inspect a listed property. (Amended 11/87)
- REALTOR® Code of Ethics – Standard of Practice 3-9: Realtors® shall not provide access to listed property on terms other than those established by the owner or the listing broker. (Adopted 1/10)
- REALTOR® Code of Ethics – Standard of Practice 3-10: The duty to cooperate established in Article 3 relates to the obligation to share information on listed property, and to make property available to other brokers for showing to prospective purchasers/tenants when it is in the best interests of sellers/landlords. (Adopted 1/11)
- "Coming Soon Listings" that are not currently under contract with another REALTOR® are "fair game" for solicitation. "No contract" gives you the "green light" to solicit these homeowners for the actual listing.
- REALTOR® Code of Ethics – Standard of Practice 16-4: REALTORS® shall not solicit a listing which is currently listed exclusively with another broker. However, if the listing broker, when asked by the REALTOR®, refuses to disclose the expiration date and nature of such listing, i.e., an exclusive right to sell, an exclusive agency, open listing, or other form of contractual agreement between the listing broker and the client, the REALTOR® may contact the owner to secure such information and may discuss the terms upon which the REALTOR® might take a future listing or, alternatively, may take a listing to become effective upon expiration of any existing exclusive listing. (Amended 1/94)
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