What if my seller does not want to utilize the MLS?


SmartMLS requires a broker to submit all their non-commercial listings to the MLS within 48 hours of an executed listing agreement. A seller may choose, of their own volition, and for any number of reasons (ex: personal safety, notoriety, medical reasons, etc.), that they do not want their property exposed to over 22,000 Real Estate Professionals and their clients. 


For the property to be excluded from the MLS’s mandatory submission policy, a seller must execute a Withhold from MLS form, and the listing agent must submit the listing to the MLS as a Withhold from MLS listing within 48 hours of the executed listing agreement. If the seller of a withheld listing decides to submit their listing to the MLS, they can do so no less than 30 days after the start of the listing agreement by executing an Instruction to File a Previously Withheld Listing form. The Days on Market (DOM) for this listing will start from the day the listing agreement was executed (not the day it is submitted to the MLS as an active listing).


Note: as of May 1, 2019, all withheld listings are required to be submitted to SmartMLS as a listing and entered into the MLS system. There is a special check box/field during listing input that allows the list agent to specify that the listing is currently withheld from the MLS. Only the listing agent, listing broker and MLS Staff will be able to see the listing in the system. The Withhold from MLS paperwork is required to be uploaded to the listing as a supplement.

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