Recent changes to MLS rules now require listing agents to enter new listings into the MLS within 3 days after the date the listing begins and report Sold listings within 3 days of closing/funding. This is a change from the previous 5 day requirement and is consistent with the time allowed to report a Pending (OP, PSHO or P) contract listing.
Additionally, the new rule changes require the listing agent to submit to MLS a “Seller Authorization to Exclude Listing from MLS” form signed by the broker, agent and seller in cases where the seller elects to NOT list their home in the MLS within the required 3 days. The form is intended to protect agents and brokers from potential risks that may later surface after the transaction has been completed (e.g., upon reflection, a seller believes they did not get the highest sales price because it was not exposed to the broadest market). Utilizing the form makes it clear that the decision to NOT list a property on the MLS is the decision of the seller and that they have been fully informed of the issues related to not listing their home in the MLS.
1.3 Exempted Listings: If the seller or lessor, unsolicited, refuses to permit the listing to be disseminated by Multiple, the listing Participant may then take the listing (office exclusive), but it shall not be filed with Multiple. If the seller refuses to permit the listing to be disseminated by the MLS, the listing broker shall submit to the MLS within 72 hours (with no exceptions for weekends, holidays and postal holidays) an approved certification signed by the seller indicating that the seller does not authorize the listing to be disseminated by the MLS during the specified waiver period.
When is the form required?
If a seller elects to NOT list their home in the MLS within 3 days, the listing agent is required to submit the signed form to MLS within 3 days after the date the listing begins.
Where can I get a copy of the form?
You may download a copy of the form from the HAR Forms Manager application within the HAR Members Only portal. The form will soon be available within ZipForms in the HAR library.
How do I submit the form to MLS?
Once the form is completed and signed by the seller, broker and listing agent you can email a digital copy to firstname.lastname@example.org or fax a copy of the original to 713-335-4222
What if my broker is unavailable to sign the form?
You may have an authorized office manager sign on behalf of the broker in the event the broker is unable to sign the form.