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The new C.A.R. forms for 2020 are available, and the most interesting is the MLS-exclusion form in light of the NAR Clear Cooperation policy that begins on May 1st.

Last year I asked the C.A.R. lead attorney about their stand on Coming-Soon and off-market listings, and Gov said it is up to the brokerages.  Their new form reflects it too – they have left it optional for agents sellers to choose to comply:


The form does a better job disclosing the listing-agent shenanigans, and makes them a choice for the seller.  But will the listing agent discuss the choices?  Or just write it up and send for sigs?  The sellers just want their money – they assume their agent will be implementing the best ideas to achieve top dollar.

On May 1st, the Clear Cooperation policy will be in effect, which was intended to discourage off-market sales.  But in paragraph 9A you will see that office exclusives are permitted, which will legitimize selling properties in-house.  The realtor shops with the most listings will prosper if they pitch them hard to their fellow agents – and most already have an internal marketing system to facilitate.

There is an argument that off-MLS sales are good for the seller because the buyers are pressured to pay all the money before the property goes on the open market.

But off-MLS sales add some uncertainties:

  1. Did the buyers steal it, or did they over-pay?
  2. Were there other buyers that would have paid more?
  3. Are the off-MLS sales legitimate comps for the next guy (seller or buyer)?
  4. Are we still committed to sharing our listings with other agents?

The MLS will still exist, and be the market of last resort because the best properties with the best prices will be sold in-house, or to the aggressive, professional salespeople.

Richard just procured a new sale for his investor client by calling agents who had sold similar properties recently. One told him that he did have a Coming-Soon that was a 6-cap, and gave him the address. Richard hustled his buyer over to the property and promptly submitted an offer, which got accepted yesterday!

Why are Coming-Soon/off-market sales attractive to listing agents?  Because they can save time and money on marketing, and hurry up to the next deal.  But that selfishness will change the landscape for buyers and buyer-agents, and both will need to be well-connected to succeed.

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