Compliance Corner- What is considered public marketing?

Please note : this article is a snapshot of a message that was posted on the MLS system at some point within the last year.  Things evolve rapidly in our industry, and the information in this article may have changed since it was first published. Compliance Corner articles are not updated after they are published, even if the information contained within has changed.

For the most up-to-date information on this (or any other topic), please visit our SmartDesk .

Compliance Corner #28

December 4, 2020

WHAT DO YOU THINK???

QUESTION :  You get a NEW listing.  The listing’s start date is 12/01 and is entered into Matrix on 12/03.  Can the Listing Agent post to social media (Facebook, Instagram, etc) on 12/01 and 12/02?

ANSWER :  No, the listing cannot be posted to social media until 12/03. Although the listing was entered into Matrix within the mandatory 48 hours, it CANNOT be posted to social media or any other advertising platform before it goes active.  As soon as the listing is advertised or PUBLICLY MARKETED, it must go on Matrix as Active.

What is considered public marketing?

Any of the following would constitute public marketing of a property:

1. Displaying on an internet site.

2. Sharing on social media or in a restricted group created on a social media platform.

3. Placement of a sign at the property.

4. Advertising in any written publication.

5. Emailing agents and/or potential buyers.

6. Holding a broker tour or public open house.

7. Showing the property to potential buyers.

Over the past few years, there has been a developing trend of pre-marketing a listing while the property is being prepared for the market.  We have created the Coming Soon status to allow for this trend while remaining compliant with the rules of the MLS.

Coming Soon listings allow for a property to be marketed prior to it being an active listing on the MLS.  Parameters are in place to ensure both agents and consumers know when the listing will be active and that access to the listing is the same for all agents and consumers, including the listing agent.

If you are entering a listing as Coming Soon, once the listing has been saved in Matrix as Coming Soon you may do any of these things except for holding a tour/open house and showing the property to potential buyers. Tours/open houses and showings cannot occur while the listing is in the Coming Soon status.  However, you may enter a tour/open house for a Coming Soon listing provided the date of the event is after the listing has been activated in Matrix.

Additional articles pertaining to Coming Soon listings:

https://smartmlshelp.zendesk.com/hc/en-us/articles/360024862791-Listing-Situations-Grid

https://smartmlshelp.zendesk.com/hc/en-us/articles/360002335232-Coming-Soon-listings


Have you ever wanted to revisit a past Compliance Corner article that is no longer available in Matrix?  Now you can.  Simply click this link Compliance-Corner-Archive or enter compliance corner in the SMARTDESK search bar and you will be able to view all past articles.

Compliance questions?  Send an email to Compliance@SmartMLS.com or call us at 203-750-6000.

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