NAR tells sellers they don’t have to list on the MLS 

In the wake of industry practice changes, the National Association of Realtors is continuing its consumer outreach campaign, releasing new information this week focused on the MLS.

What NAR wants consumers to know about MLSs: The new guide covers MLS basics, such as what an MLS is, the services they provide and their value to the broader residential real estate ecosystem. 

And perhaps in a nod to the ongoing debate over NAR's Clear Cooperation Policy, the fact sheet explicitly states that MLSs are a tool to "help promote fair housing and equal opportunity by giving real estate professionals and their clients access to consistent information."

Sellers don't have to list through the MLS: A point of contention around Clear Cooperation is the requirement that, in most cases, agents must submit a listing to the MLS within one business day of publicly marketing it. In its message to consumers, however, NAR appears to take a more flexible stance, telling sellers they do not have to market their home through the MLS, but still advising them to "discuss the pros and cons with your agent." 

And if a seller chooses a different path? "If you decide to have your agent not list your home on an MLS, you may be asked to sign a document verifying that you as the seller have made this choice," NAR notes.

The overall message is pro-MLS, however, with NAR stating that using the MLS "will help a seller reach the largest pool of buyers and potentially attract the best offer."

Reinforcing the rules, not changing them: NAR reached out to Real Estate News after the publication of this story to signal that the organization has added a disclaimer to its consumer guides, clarifying that they "do not constitute any change in NAR policy." With regard to this topic specifically, an NAR spokesperson said:

"There have been no changes to the Clear Cooperation Policy and NAR continues to thoroughly evaluate all feedback from our members. Real estate professionals must ensure they market properties consistent with relevant MLS rules and educate sellers on the choices available."

Where offers of compensation are allowed: Also important is NAR's official take on where offers of compensation can be shared or posted now that they cannot be included on the MLS. NAR tells consumers that such offers can still be shared "through common marketing vehicles such as flyers, signs, emails or other communication mechanisms." In a previous consumer guide, NAR went into further detail on seller concessions and how they should be handled.   

Making a pitch for agents: In addition to promoting the use of the MLS, this latest consumer fact sheet also emphasizes the value of working with an agent: "For both buyers and sellers, when you work with an agent who has access to an MLS, you can discuss how the MLS can benefit you," the guide says.

"Remember, agents who are a Realtor are guided by ethical duties under the Code of Ethics, including the pledge to protect and promote the interests of their clients."

This story has been updated to reflect additional comment from NAR and additions to its consumer guide series.