# Section 11: Sold Data & Permitted Use {% hint style="info" %} 🟦 = NAR-based policy provision {% endhint %} ### [11.1 – Comparison Only Sales (“COMP ONLY”)](#id-11.1-comparison-only-sales-comp-only) This entry type is used to report sales of properties that were not entered into the MLS at any time during the active marketing period (for example, Single-Party Listings or Off-MLS Office Exclusive listings that remained outside the MLS through closing). COMP ONLY is used for statistical and comparison purposes only and is not treated as an active-market MLS listing. #### [A. Deadline](#a.-deadline) Comps must be entered within three (3) business days of the property’s closing date. “Closing date” means the settlement/closing date shown on the closing documents (or recording date if settlement date is unavailable). #### [B. Eligibility](#b.-eligibility) To be eligible for entry as a Comparison Only sale (“COMP ONLY”), the property must have a seller-signed Office Exclusive Disclosure on file with the BSCMLS that authorizes the applicable future MLS entry.
Off-MLS Office Exclusive Listings: If the property was handled as an Off-MLS Office Exclusive listing from the beginning of the listing term, the seller-signed Office Exclusive Disclosure must have been submitted to the BSCMLS office within three (3) business days of the listing agreement start date. If the seller authorized future MLS entry during the active listing term and the property was entered into the MLS before being placed in Under Contract or Contingent Backups OK status, the listing is no longer treated as COMP ONLY. If the property remained outside the MLS through closing, it may be entered after closing for comparison purposes only if that option was also authorized by the seller on the Office Exclusive Disclosure.
Listings Transitioned from Active to Office Exclusive: If the property was first entered in the MLS and later removed from the MLS as an Office Exclusive listing before going Under Contract or Contingent, Backups OK, a seller-signed Office Exclusive Disclosure must have been submitted to the BSCMLS office within **three (3) business days** of removal from the MLS.
Purpose of Submission Requirement: Submission of the Office Exclusive Disclosure is mandatory because it documents that the seller understood the MLS benefits being waived and provides the MLS with notice of whether the seller authorized any later MLS entry, including entry as an Active listing during the listing term or entry after closing for comparison purposes only.
Ineligible Entries: If the required Office Exclusive Disclosure was not submitted to the BSCMLS office by the applicable deadline, the property is ineligible for entry as a COMP ONLY sale. No retroactive exception will be granted.
#### [C. Photo Requirements](#c.-photo-requirements) A minimum of three (3) photos of the ***completed property*** must be uploaded at the time of entry. Renderings and construction photos are prohibited to ensure the record reflects the final delivered product. If the Listing Agent cannot provide photos of the 100% completed subject property within the 3-day post-closing window, the property is ineligible for entry into the database for comparison purposes. {% hint style="warning" %} The purpose of a comparison only entry is to provide appraisers and Participants with a factual record of what was physically delivered at the time of sale. Using renderings or photos of similar models creates a “false” record that does not accurately reflect the specific finishes, landscaping, or final condition of the subject property. {% endhint %} #### [D. Excluded from MLS Production Reports:](#d.-excluded-from-mls-production-reports) Listings entered for comparison purposes only are excluded from MLS Production Reports. As these properties were not listed or marketed through the MLS during the ‘active’ selling period, they are retained solely for statistical comparison and do not qualify toward MLS production credit. ### [11.2 – Sold Data Policy: Reporting, Privacy, and MLS Record Retention](#id-11.2-sold-data-policy-reporting-privacy-and-mls-record-retention) 🟦NAR Policy 7.75 #### [A. Mandatory Reporting Requirement](#a.-mandatory-reporting-requirement) 🟦 Reporting sold and leased transaction details to the MLS is a mandatory condition of membership and is essential to database integrity, valuation reliability, and market statistics. Once a listing has been entered into the MLS and marked as Under Contract or Contingent Backups OK, the final sales or lease price and required closing details must be reported to the Service within three (3) business days of closing, unless a valid legal order applies under the [**Privacy Options & Withholding Procedures**](#c.-privacy-options-and-withholding-procedures) listed below. #### [B. Prohibition on Withholding Sold Data](#b.-prohibition-on-withholding-sold-data) 🟦 Canceling or manipulating an Under Contract or Contingent Backups OK listing to avoid reporting the final sales or lease price is prohibited. A listing may not be withdrawn to OFF MLS status after it has been marked Under Contract or Contingent Backups OK for the purpose of withholding sold data. MLS Staff may reinstate improperly canceled listings, require correction of the record, and issue fines or other administrative action if sold data is not reported within the required timeframe. #### [C. Privacy Options & Withholding Procedures](#c.-privacy-options-and-withholding-procedures) The MLS recognizes that sellers may request privacy regarding public marketing and public display. However, privacy preferences must be handled through the permitted options in these Rules and do not eliminate the requirement to report final sold details once a listing has been entered into the MLS and has progressed to Under Contract or Contingent Backups OK. {% stepper %} {% step %} #### Pre-Contract Change to Office Exclusive: If a seller wishes to convert a listing to Office Exclusive before it is marked Under Contract or Contingent Backups OK, the seller may elect one of the following private-marketing methods: **a) On-MLS Office Exclusive:** The listing may remain in the MLS with visibility limited to the listing office, in compliance with [**Section 6**](/section-6-multiple-listing-options-for-sellers-and-ccp-compliance-nar-policy-8.00.md). **b) Off-MLS Office Exclusive:** The listing may be removed and withheld from the MLS in accordance with the seller’s written instructions in compliance with [**Section 6**](/section-6-multiple-listing-options-for-sellers-and-ccp-compliance-nar-policy-8.00.md). **c)** In either case, the Listing Agent must submit a seller-signed Office Exclusive Disclosure to the BSCMLS office within three (3) business days of the change and retain a copy for the brokerage file. **d)** If the seller authorized future MLS entry on the Office Exclusive Disclosure and the property is not under contract, an Off-MLS Office Exclusive listing may later be entered into the MLS during the active listing term as Open Market, Delayed Internet Advertising, or On-MLS Office Exclusive, as applicable under BSCMLS system functionality and the seller’s instructions. **e)** If the property is never entered into the MLS during the active listing term and later closes outside the MLS, it may be entered only as a COMP ONLY sale if it otherwise qualifies under [**Section 11.1**](#id-11.1-comparison-only-sales-comp-only). {% endstep %} {% step %} #### No Withdrawal After Accepted Purchase Agreement: Once a listing has been marked Under Contract or Contingent Backups OK, the listing record may not be removed, deleted, canceled, withdrawn, or otherwise manipulated for the purpose of avoiding sold reporting. {% endstep %} {% step %} #### Privacy Requests: If a seller requests additional privacy after a listing is already Under Contract or Contingent Backups OK, the Listing Agent may not convert the listing to Office Exclusive and may not remove the listing from the MLS. The Listing Agent may only use seller-authorized public display controls permitted by MLS rules, including internet or syndication suppression. These privacy tools affect public display only. They do not eliminate the requirement to report final sold or leased details in the MLS for statistical, valuation, appraisal, and historical record purposes. {% endstep %} {% endstepper %} #### [D. MLS Record Retention, Correction Standards, and Requests to Remove Records](#d.-mls-record-retention-correction-standards-and-requests-to-remove-records) MLS listing records are historical business records submitted by authorized Participants and Subscribers based on listing agreements and MLS rules in effect at the time of entry. Once a listing has been submitted to the MLS, the listing record becomes part of the MLS’s historical database and is retained for legitimate MLS, broker, appraisal, valuation, compliance, statistical, and property-history purposes. The MLS does not delete, suppress, or invalidate historical listing records solely because a property has sold, ownership has changed, a prior seller withdraws consent, or a current owner requests removal for privacy or personal preference reasons. Requests to correct, restrict, or remove information from a historical MLS record must be supported by documentation showing one of the following: 1. **A verified MLS rule or data-entry violation** that requires correction of the record; 2. **A documented factual error** that materially affects the accuracy of the record; or 3. **A valid legal order** issued by a court or government authority with jurisdiction requiring the MLS to restrict, correct, or remove specific information. For purposes of this section, a “valid legal order” means a court order, injunction, subpoena, final judgment, protective order, administrative order, or similar legally binding directive requiring action by the MLS. A personal request, privacy preference, attorney letter, or change in property ownership does not, by itself, constitute a valid legal order. If the MLS determines that a correction or restriction is appropriate, the MLS may make the correction or limit the future display or distribution of specific information, as applicable. However, the MLS cannot guarantee removal of information from third-party websites, search engines, cached pages, screenshots, archived copies, public records, or other systems that previously received or displayed the information. #### [E. Sales Price Confidentiality & Advertising Restrictions](#e.-sales-price-confidentiality-and-a-dvertising-restrictions) Montana is often referred to as a “non-disclosure” state because the Realty Transfer Certificate (RTC) and the information contained in it are not a public record and must be held confidential by the county clerk and recorder and the department, subject to statutory exceptions. However, this does not mean sales data is universally confidential. To balance client privacy, lawful disclosure, and MLS data integrity, Subscribers must adhere to the following: {% stepper %} {% step %} **Authorization to Disclose Sales Price:** Subscribers may disclose a specific sales price only with the consent or direction of the client they represent. It is not necessary to obtain consent from both parties unless the Subscriber is acting as a Dual Agent. If the Subscriber’s client grants permission, that authorization is sufficient even if the other party objects. The standard Montana listing agreement may include authorization for the Listing Agent to disclose sold data; Buyer Agents should obtain specific written consent from the buyer before publishing a sold price. **BSCMLS strongly recommends written consent from your client(s) before publishing a specific sold price in any public-facing advertisement.** {% endstep %} {% step %} **Advertising “Sold” Information:** Subscribers may publish the sales price of properties they personally sold (acting as Listing Agent or Buyer Agent) on websites, social media, or marketing materials, provided they have client consent as outlined above. Subscribers are prohibited from publishing or advertising the specific sales price of properties sold by other brokers without appropriate authorization. Subscribers may advertise the fact that a property sold (e.g., "Just Sold in the neighborhood") provided the advertisement clearly and conspicuously identifies the Listing Brokerage. Any advertisement of a competitor's sale that omits the Listing Brokerage's name or is framed in a way that implies the advertiser participated in the transaction when they did not may constitute a Code of Ethics/Standards violation and/or a violation of MLS rules. {% endstep %} {% endstepper %} #### [F. Permitted Uses of Sold Data](#f.-permitted-uses-of-sold-data) 🟦 Participants and Subscribers are authorized to use MLS sold data for ordinary, legitimate business activities, including: {% stepper %} {% step %} #### Valuation, CMAs & Market Statistics: Within a bona fide seller-agent or buyer-agent relationship, Subscribers are authorized (and often obligated) to provide factual data supporting a recommended list price, offer price, or valuation conclusion. Disclosure of comparable sold data—including competitor transactions—to a client for the bona fide purpose of preparing a Comparative Market Analysis (CMA) or establishing market value is permitted. Subscribers may also use aggregated sold data for market reports, newsletters, and flyers (e.g., “15 homes sold in this area last year”). Any public dissemination of aggregated statistical data must include the following statement: “The foregoing information was obtained from the Big Sky Country MLS.” {% endstep %} {% step %} #### Prohibition on “Data Dumps”: Providing specific sold data to customers or the public solely for informational purposes (e.g., curiosity or general market tracking) is prohibited. Subscribers may not compile large volumes of sold data for a recipient who has no bona fide intent to buy or sell, nor may such a report be labeled a “CMA” to bypass these restrictions. {% hint style="danger" icon="down-from-line" %} “Large volumes” includes exporting or providing lists/reports that cover a neighborhood/area broadly (e.g., all sales in a subdivision/zip code) for a recipient with no bona fide intent to buy or sell. {% endhint %} {% endstep %} {% endstepper %} --- # Agent Instructions: Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. Perform an HTTP GET request on the current page URL with the `ask` query parameter: ``` GET https://rulebook.bscmls.com/section-11-sold-data-and-permitted-use.md?ask= ``` The question should be specific, self-contained, and written in natural language. 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