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The MLS Statement 8.0 Clear Cooperation Policy is ‘a lightweight, middle-of-the-road policy that will just make the problem worse’ because it doesn’t go far enough.  It’s so full of holes that it will only exacerbate the problem, and by the time they figure it out, it will be too late to fix it.  It might be too late already.

The new policy just helps to define the ways that agents can avoid putting their listings on MLS:

  1. Office Exclusives Are Allowed. Agents will shop around their new listings for days or weeks among their fellow agents in the office. Only once that avenue is totally exhausted will listings find their way to the MLS.
  2. Submitted to MLS Within One Business Day.  From now on, all listings will be signed on Fridays (or postdated).
  3. Sellers Can Market Publicly. The listing agent isn’t supposed to publicly advertise the home, but……..
  4. Showings Aren’t Required. Just because a listing is in the MLS doesn’t mean agents can show it. This is the oldest trick in the book.  When an outside agents calls to arrange a showing, he/she is told that the property can be seen any time….as long as it’s between 5:00-5:05pm next Thursday.
  5. No Penalties Mentioned. There has never been a MLS police, so any enforcement will be sketchy at best. But realtors love to rat out their fellow agents so complaints will be flying – but what will be the penalty?  Most likely it will be the usual, which is a letter in the offender’s file for six months. Will it be that much?
  6. Stop Using the MLS. If it gets too complicated to navigate the rules, agents will just stop using the MLS.  This is why being on the right team is so critical now – if all the hot deals are sold in-house, then working at a small brokerage or being an independent broker will be detrimental. Those agents will only see the leftovers as the MLS becomes an afterthought.

Local compliance was first scheduled for March 1, 2020, but they pushed it back to May 1, 2020 so agents have six months to contemplate.  Will we be sitting around discussing how important it is that we share our listings with each other via the MLS?

What’s missing is that no one in the industry is demanding that we share our listings with one another because that is what’s right for consumers and agents alike. Instead, our leaders come up with a lukewarm policy full of holes and no teeth. The spotlight will cause more people to find ways around the 8.0, and proudly conduct off-MLS sales because now they are the even-sexier option.

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