The cornerstone of the REALTOR® Cooperation Policy is that when a property is publicly marketed, REALTORS® must submit the listing to an MLS® System within the timeframe set by their board or association, up to a maximum of three (3) days, unless an exemption applies.
What Constitutes Public Marketing?
Public marketing refers to any form of promoting or advertising a listing to the general public or to REALTORS® not directly associated with the listing brokerage or office in a business capacity.
Examples of public marketing include:
- Digital communications (e.g., email campaigns, newsletters, social media posts).
- Flyers or physical advertisements
- Yard signs
- Listing on public-facing websites
- Displays or promotions on brokerage websites or within their offices
Internal Communications: REALTORS® Within the Same Brokerage
Communications within the same brokerage are not considered public marketing.
What About Branch Offices?
If a brokerage has multiple branch offices under the same broker of record, communications between a listing REALTOR® and REALTORS® in those branch offices are also not considered public marketing.
However, communications with REALTORS® in a different brokerage office under a separate broker of record, whether unaffiliated or affiliated through a shared franchise, would be considered public marketing – unless communication is a one-to-one direct interaction.
One-to-One Direct Communication
Public marketing does not include one-to-one direct communication between the listing REALTOR® and a REALTOR® from another brokerage or office.
Key Distinction: One-to-One vs. One-to-Many
- One-to-One Communication: Direct interaction between two REALTORS® (e.g. listing REALTOR® from Brokerage A shares a listing with a REALTOR® from Brokerage B who may have an interested buyer). This is not considered public marketing.
- One-to-Many Communication: Any method where the listing is shared with multiple recipients (e.g., email blasts, private social media groups) triggers the requirement to list the property on the MLS® System within the specified timeframe.
Examples
Permissible:
- A listing REALTOR® shares a property with a single REALTOR® from another brokerage through direct communication.
Not Permissible:
- Sharing a listing in a private social media group with REALTORS® outside the listing brokerage.
- Sending personalized emails to multiple REALTORS® using a database, even if addressed individually.
Additional Key Points
- Forwarding Listing is Prohibited
As a receiving REALTOR®, listings shared through one-to-one communication must not be forwarded to other REALTORS®. Only the listing REALTOR® should handle direct communications. - Policy Covers Non-Active Listings
The policy also applies to “coming soon” or other non-active listings. - Disclosure Requirements
- REALTORS® must inform seller clients of the benefits of listing on an MLS® System in writing.
- At a minimum, the disclosure must explain that MLS® Systems:
- Provide increased exposure to potential buyers.
- May lead to more offers
- May result in better offers regarding price and terms.
- This disclosure must be provided before any property marketing begins.
- A REALTOR® Cooperation Disclosure and Consent Form is available on WEBForms® and SkySlope Forms for this purpose.
- Exempt Listings
Certain types of listings are exempt from this policy:- Commercial properties (e.g., business or agricultural)
- New construction listings in developments with multiple properties or units (e.g., residential development projects and condo development projects) are traditionally controlled by the builder.
- Rental properties
As a REALTOR®, it is crucial to understand Canada’s Anti-Spam Legislation (CASL), which governs how electronic messages such as emails and texts can be sent.
To ensure compliance with these regulations and avoid potential penalties, detailed information and guidance are available here.
