Article 5.11: Exempt Listings.
Definition: A property where the owner(s) of record refuse(s) to permit the listing to be disseminated by the Participant through Stellar MLS.
Requirements:
1. If the owner(s) of record refuses to permit the listing to be disseminated by Stellar MLS, the Participant must upload either the Owner’s Authorization for Temporary Exclusion or the Office Exclusive form through the Stellar online submission system. The applicable form must be initialed where required and signed by the listing agent(s), listing broker/office manager and owner(s) of record affirming that they do not desire the listing to be disseminated by Stellar MLS.
The Owner’s Exclusion of MLS Entry form or the Office Exclusive form must be submitted within five business days, excluding weekends or federally recognized holidays, upon the latter of a) the dated signature of the owner(s) of record or b) the beginning date on the Listing Agreement.
2. If an offer is accepted during the temporary exclusion period, the listing must immediately be entered into the MLS by the Participant.
3. Should any public marketing of a listing occur during the allowed five‐day submission period, or at any time while the listing is on file as an Owner’s Exclusion from the MLS or an Office Exclusive, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi‐brokerage listing sharing networks, and applications available to the general public.
4. Failure to submit the required Owners Authorization for Temporary Exclusion form or the Office Exclusive form through the Stellar online submission system within five business days, excluding weekends or federally recognized holidays, upon the latter of a) the dated signature of the owner(s) of record or b) the beginning date on the Listing Agreement in accordance with the Rules and Regulations or failure to enter the listing into the MLS within one business day of public marketing will result in a Level III - Severe automatic penalty of $500 for the first occurrence; as outlined in Article 11.4. (Amended 3/2020)