Your Complete Guide to Clear Cooperation, Delayed Marketing
and the Private Listing Database
NAR's Clear Cooperation Policy states that "within one (1) business day of marketing a listing to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants." Read more about the backstory of this policy here.
What constitutes as Public Marketing?
Why Sellers Choose the Private Listing Database
Private Seller Preference: A seller who does not want their property publicly displayed on the internet. These sellers prefer that their listing is only visible to licensed professionals and excluded from all data delivery feeds.
Pre-Market Listings: When a property isn't ready for the General Listing Database (GLD) but will be listed soon, agents can input the listing as Private. This allows public marketing to generate interest, while remaining compliant with the Clear Cooperation Policy (CCP).
New Private Listings with Delayed Marketing: A Private Listing with Delayed Marketing functions similarly to a standard Private Listing in that it:
-
- Provides visibility within the MLS to all licensed professionals.
- Withholds the listing from IDX and public searches during the delayed period.
New NAR MLS Policy: Delayed Marketing
Delayed Marketing is an exempt listing where the seller has directed the listing broker to delay the public marketing of that listing through IDX and syndication for any period as allowed by the local MLS in its unfettered discretion. A delayed marketing listing shall be filed with the MLS and does not preclude the listing firm from marketing the listing in a manner consistent with their seller's choice.
What's New?
The National Association of REALTORS® (NAR) announced a new policy on March 25, 2025, titled "Multiple Listing Options for Sellers." Designed to accompany the existing Clear Cooperation Policy, this initiative aims to provide sellers with greater flexibility in how they market their properties. At the same time, it ensures that licensed real estate professionals continue to have access to these listings through the MLS, maintaining a balanced and transparent marketplace for prospective buyers.
In alignment with NAR's "Multiple Listing Options for Sellers" policy, LERA MLS has implemented the required "Delayed Marketing" option as an additional choice for sellers when listing their property. This policy allows a seller to withhold public marketing of their listing for up to 30 days from the General Listing Database (GLD), providing flexibility while maintaining compliance with MLS rules and transparency standards.
What Is "Delayed Marketing"?
- Hitting the pause button on marketing a house publicly online, through IDX and syndication.
- This listing is still put into our private listing database so it becomes available to MLS Subscribers and participants, but it won't show up on Public websites right away.
- Disclosure Form Required that the seller is waiving all MLS Benefits.
What Can the Agent Still Do?
Even though it's delayed from the public:
- The agent can still talk one to one or broker to broker about the property.
- The agent can market the house the way the seller wants - just not online through an IDX or syndication feed.
What's the Difference Between a Private Listing and
a Private Listing with Delayed Marketing?
Private Listings Entering a listing into the Private Listing Database (PLD) allows you to list the property in the MLS, ensuring visibility to all licensed real estate professionals while connecting your listing with potential buyers. However, these listings are not included in any data feeds, such as:
- Internet Data Exchange (IDX)
- Virtual Office Websites (VOW)
- Broker Back Office Feeds (BBO)
- Syndication
Private listings with Delayed Marketing have one key difference: The listing will be included in VOW and BBO feeds as required by NAR guidelines. This means that even if a seller chooses to delay public advertising, the listing must still be visible to buyers working with a REALTOR® through a client relationship. Once a buyer has signed up with a REALTOR®, they are entitled to see all available listings-including those under Delayed Marketing status-via their agent's VOW platform or BBO system. This ensures transparency and fairness in the marketplace.
| Feature | Private Listing (PLD) | Private Listing with Delayed Marketing (PLD + DM) |
|---|---|---|
| Visibility to Licensed Professionals (MLS) | ✓ Yes | ✓ Yes |
| Included in IDX Feeds (Public MLS Search, Zillow, etc.) | ✗ No | ✗ No |
| Included in VOW Feeds (Client Portals) | ✗ No | ✓ Yes - Must be visible to clients working with a REALTOR® per NAR guidelines |
| Included in Broker Back Office (BBO) Feeds | ✗ No | ✓ Yes - Must be visible to clients working with a REALTOR® per NAR guidelines |
| Public Marketing Allowed While in Private | ✓ Yes - Can market publicly as long as listing remains in PLD or GLD | ✓ Yes - Can market publicly as long as listing remains in PLD or GLD |
| Used For Listings that will be available soon | ✓ Yes - For listings not ready for GLD but can be marketed | ✓ Yes - But must comply with Delayed Marketing rules (no public website marketing until GLD transition) |
| Form Requirement | ✗ No Form Required by the MLS | ✓ Yes - Required to upload "Owner(s) Authorization to Exclude Listing from the MLS" form to listing documents |
| Transition to GLD Required | ✗ No - Listing can remain private indefinitely as long as it complies with MLS rules. | ✓ Yes - Must specify transition date (max 30 days) and move to GLD on that date |
Listing Agent Requirements for Delayed Marketing
There are specific requirements and responsibilities for both the listing agent and the seller when selecting the Delayed Marketing option. It is essential to follow these steps carefully.
- Enter the listing into the Private Listing Database (PLD).
- In the listing input field Delayed Marketing under Office and Sales, select Yes indicating that you are selecting Delayed Marketing.
- Enter the date when the listing will be transitioned to the GLD in the listing input field, Expected Date to General. The date you enter cannot exceed 30 calendar days.
- Upload the "Owner(s) Authorization to Exclude Listing from the MLS" form to the Documents page of the listing and set the document security to Public.
- As the transition date approaches, ensure the listing is moved from the PLD to the GLD on the specified date. We have set up some reminders that will help with this transition.
To complete this process, you'll need to upload the Owner(s) Authorization to Exclude Listing to your listing's documents. This document confirms the seller's choice to delay marketing and ensures compliance with MLS rules.
These steps are crucial to ensure compliance with MLS rules while offering sellers the flexibility provided under the Delayed Marketing policy.
In accordance with NAR, implementation is in September. View the Policy Update to the MLS Rules and Regulations.
Video Tutorials
FAQs: Clear Cooperation Policy
The policy states: “Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants.”
Public marketing is advertising intended to bring attention to a listing from agents outside of your brokerage including consumers/the general public. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public-facing websites (including social media websites), brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.
The Clear Cooperation Policy took effect on May 1, 2020.
No. The Clear Cooperation Policy does not change the current 72 hour submission rule unless you begin public marketing of the listing. For example: You have just successfully completed your listing presentation and your client has signed a listing agreement with you. If you walk out of this appointment and get in your car and drive to your next listing appointment, you have 72 hours to put the listing in the MLS. However, if after you walk out of the listing appointment you place a sign in the yard and then drive to your next listing appointment, you would have started to publicly market the listing and have one (1) business day to submit your listing to the MLS.
Sellers are still allowed to decide that they do not want to advertise their home for sale to cooperating MLS participants through the MLS. A seller can execute the Authorization to Exclude the listing from the MLS and you can provide that form to SABOR. However, if the property is publicly advertised, regardless of any submitted documentation, then it will need to also be submitted to the MLS to avoid a violation of the Clear Cooperation Policy.
SABOR’s implementation of the Clear Cooperation Policy emphasizes education while also enforcing compliance. Violations will result in the following fines:
1st Offense: $200
2nd Offense: $300
3rd Offense: $400
In addition to these fines, SABOR will provide information and resources to help Participants and Subscribers understand the importance of MLS cooperation and avoid future violations.
The Clear Cooperation Policy will only apply to certain property types designated under Residential: Single Residential, Condominium, and Multi-Family 2-8 units. The Clear Cooperation Policy will not apply to commercial, residential rental, lots and acreage, or farm and ranch property types.
No. “Office exclusive” listings are an option for sellers concerned about privacy and wide exposure of their property being for sale. In an office exclusive listing, promotion of the listing between the brokers and licensees affiliated with the listing brokerage, and one-to-one promotion between these licensees and their clients, is not considered public marketing and such promotion would not trigger the Clear Cooperation Policy requirement to submit the listing to the MLS within one (1) business day. However, if the property is publicly marketed, submission to the MLS is required under the Clear Cooperation Policy.
The same listing agreement rules that have previously applied still apply which require submission of a listing to the MLS within 72 hours of executing the contract unless a listing date addendum is used. If your client has executed a Sellers’ Authorization to Exclude the property from the MLS and as long as the property is not marketed outside of your office, you do not yet need to put the listing into the MLS.
Once you place a sign in the yard, you have publicly marketed and triggered the Clear Cooperation Policy requirements. The listing needs to be put in the MLS within 1 business day. The Private Listing Database is designed to accommodate situations like these and enforcement of the Clear Cooperation Policy’s requirements won’t begin until long after the Private Listing Database is available.