NAR Clarifies Office Exclusive Listings and MLS Rules

The National Association of Realtors (NAR) released updated guidance last week to clarify the operation of office-exclusive listings and pre-marketing options within multiple listing services (MLS). This guidance reinforces brokers' responsibilities to adhere to local MLS rules and the Clear Cooperation Policy. The document, titled “Office Exclusive Listings / Pre-Marketing Guidance,” aims to assist agents and brokers in explaining listing choices to sellers and ensuring compliance with MLS submission and marketing regulations.

NAR reiterated that an office-exclusive listing is a seller-selected option for properties intended for limited exposure and no public marketing. Under this guidance, an office-exclusive listing is filed with the MLS and shared exclusively with agents within the listing firm, as permitted by the listing contract. These listings are not publicly marketed and are not distributed to MLS participants and subscribers outside the listing firm. NAR stresses that the decision to utilize this option is solely the seller's and must align with their best interests, which may encompass health, safety, privacy, or other factors that take precedence over broad market exposure and broker cooperation via the MLS.

The guidance also addresses pre-marketing listing options, such as "Coming Soon" statuses and delayed marketing exempt listings (DMELs). While these options can offer sellers and listing brokers greater flexibility in timing and exposure, they must operate in accordance with MLS rules. NAR states that local pre-marketing options, where available, must comply with local MLS regulations, including submission deadlines and requirements, and must follow the seller's informed directives. The document provides sample use cases for these strategies, including early marketing efforts, managing property preparation schedules, generating interest prior to a full launch, and controlling exposure before a complete market release. Unlike true office exclusives, many pre-marketing options are subject to specific MLS rules regarding their implementation and duration.