A couple of issues came up this week that I thought important to discuss with you. The first relates to NAR’s new Clear Cooperation Policy. As you recall, this policy changed the rules regarding pocket listings and, in general, requires that all listings be entered into the MLS within one business day of the start of marketing. Depending on where you are, and what MLS you belong to, many of you received communications stating that the effective date of the policy, which was to be May 1, 2020 at the latest, would in fact by March 1 instead. What we have discovered, however, is that although the Policy is technically in effect at this point, the MLSs that we have spoken to will not be issuing fines until the May 1 date. As a result, while you may get a notice of a violation, the consequences of violating the Policy will not be felt until May.

Of course, you should check with your specific MLS to make sure this is their policy. As you can imagine, we belong to many so there may be differences. But it is our understanding at this point that for MLSs where the Policy is effective now, there will be no penalties until May. With that in mind, if your MLS is one that has implemented the Policy, please make sure to check the box in paragraph 9 of any SELM you sign. That section explains the Policy to your client so they will understand when you are required to put their property in the MLS.

Next, we have also received some additional guidance about how the MLS will be interpreting and enforcing the Policy. First, they have confirmed that yard signs will count as public marketing and require entry into the MLS within one business day. Additionally, any online or digital marketing, including email blasts, on public facing websites or sent outside of Compass to other brokers will be seen as public.

Finally, the MLS has confirmed that “offices exclusives” are not public and therefore do not implicate the Policy. Specifically, direct promotion of your listings to other Compass agents and “one-to one promotion” between you or other agents and your clients, would not be considered public marketing.

Next, I have received a few letters from the DRE recently with “violation notices” about agent websites or marketing. Those notices have involved a number of simple things that I want you all to be aware of.

First, one of our agents had an Instagram page that did not include her license number. Of course, the rule is that any marketing which could be a point of first contact with a client needs that number. As a result, please put your license on all social media pages, including Twitter, Facebook, Instagram and Pinterest.

Next, one website identified the agent’s “team,” which included an administrative person and a marketing coordinator. Even though these team members did not interact with clients or sell for this agent, they were licensees and the DRE wanted their license numbers on the website. In the DRE’s view, if a licensee is on a website, they are marketing themselves no matter what their actual job duties are.

Finally, with regard to that same website, the DRE said that since multiple licensees were advertised, it was a “team” website and needed a compliant team name. Again, even though these licensees had what the agent saw as “back office” duties, the DRE didn’t care. If a website advertises more than one licensee, it is a team website and needs to comply with team rules. So please review your website and marketing and make sure everything is compliant with these rules.

As always, please let me know if you have any questions. Thanks.