Yes, Really! Marketing Prior to a securing a listing agreement.
The CRMLS Board of Directors made a rules change this week. The added language is in red below. Read it closely because the change is more significant than it may look at first glance.
7.9 Mandatory Submission upon Marketing. Within one (1) business day of marketing or advertising a residential property to any member of the public, for sale which contains one to four units, or is a residential vacant land lot which is subject to any exclusive right to sell or seller reserved listing agreement, the Listing Broker must submit the property into the MLS for cooperation with other CRMLS participants. Marketing and advertising includes but is not limited to, any information about the property or its availability for sale displayed on any: signs, websites, social media, brokerage or franchise-operated websites, communications (verbal or written), multi-brokerage or franchise listing sharing networks, flyers or written material, or on any applications available to the public, or by conducting an open house. Any individual or entity that has signed within the previous year a Disclosure Regarding Real Estate Agency Relationship form in compliance with CA Civil Code section 2079.16 that identifies the Listing Broker shall not be considered a “member of the public” under this rule.
The change is to Rule 7.9, “Mandatory Submission Upon Marketing.” This rule governs listing brokers’ submission of properties into the MLS. The previous version of this rule detailed how within one business day of marketing a property to the public, the listing broker must submit the property into the MLS.
This new version makes clear that the listing broker must submit a property into the MLS within one day of marketing only if an exclusive listing contract exists. If there is no contract, agents can talk about the listing that they "may secure." Agents should use caution when discussing a listing prior to securing a listing contract. The listing still remains open for a competitor to list with.
The San Diego Old Paragon doesn't have "Hold" Yet. Can I market a property when it's "Withdrawn?"
The answer is YES! The definition of the Withdrawn status does state that a property cannot be marketed or advertised, while remaining in our "old Paragon" system. But CRMLS will not be enforcing that aspect of the Rule until we actually get the CRMLS "Hold" status that is enjoyed by CRMLS Matrix users. CRMLS will allow marketing and advertising to occur the same as Hold listings in Matrix. A property in the status of "Withdrawn" can be marketed and advertised but cannot be shown.
The Withdrawn status in San Diego Paragon allows you to temporarily remove your listing from an “Active” status, without having to cancel it. This feature will allow you to place your listing in Withdrawn for a specified period of time. Marketing and Advertising as defined in Rule 7.5.1 is permitted. However, no showings are allowed, consistent with Rule 9.8.
To update your listing’s status to Withdrawn, follow the steps below.
Step 1: Navigate to your listings by clicking on the Listings tab and clicking on Maintain Listings.
Step 2: Enter the MLS#, then click Go, or, enter the property address, then click Search. In the search results, click on the listing’s MLS# or Select an Action, then click on Maintain Listing.
Step 3: Update the status to Withdrawn Then click Save Listing.