> For the complete documentation index, see [llms.txt](https://rulebook.bscmls.com/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://rulebook.bscmls.com/section-4-key-mls-concepts-jurisdiction-and-agreements.md).

# Section 4: Key MLS Concepts, Jurisdiction & Agreements

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🟦 = NAR-based policy provision
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### [4.1 – Key MLS Concepts and Definitions](#id-4.1-key-mls-concepts-and-definitions)🟦NAR Model Rules

#### [A. Multiple Listing Service (MLS)](#multiple-listing-service-mls)

A facility for Brokers to share listing information in an orderly way to enhance cooperation. It also serves as a mechanism to enable Subscribers to prepare appraisals, analyses, and other valuations of real property for bona fide clients and customers.

#### [B. Cooperation](#b.-cooperation)

Sharing information on listed property and making property available to other Agents for showing to prospective purchasers and tenants when it is in the best interests of a Listing Agent’s clients, and/or attempting to find buyers or tenants for properties listed in the Service.

#### [C. The 3-Day Rule](#the-3-day-rule)

Unless otherwise stated, all actions required for a listing to remain in compliance must occur within three (3) business days (Monday–Friday), excluding certain Federal holidays. See [**Section 1.1 – Timekeeping (Applies to Entire Handbook)**](https://rulebook.bscmls.com/pages/VjRMUDfZ0Hw8G1b1J5zg#id-1.1-timekeeping-applies-to-entire-handbook).

#### [D. Listing Content](#listing-content)

Any data related to a listed property, including photos, videos, virtual tours, documents, descriptions, remarks, and pricing.

#### [E. Internet Data Exchange (IDX)](#e.-internet-data-exchange-idx)

A cooperative agreement among MLS members to display each other's listings on their own websites, fostering broker reciprocity and providing consumers with comprehensive, MLS-sourced data directly from agent sites. See [**Section 14**](/section-14-data-feeds-idx-vow-policy-website-display-rules.md) for more details.

#### [F. Listing Syndication](#f.-listing-syndication)

A unilateral decision by a brokerage to advertise its own listings on third-party websites (portals) for maximum public exposure, with the brokerage controlling where their listings are sent.

#### [G. Real Property vs. Personal Property](#g.-real-property-vs.-personal-property)

BSCMLS accepts listings only when a real property interest is conveyed (e.g., land or an assignable long-term leasehold recognized as real property under applicable law).

#### [H. Business Only Listings](#h.-business-only-listings)

Unless the business includes a building or unit for sale, or an assignable lease, it cannot be entered into the BSCMLS.

#### [I. Days on Market (DOM)](#i.-days-on-market-dom)

The collective number of days a property is being marketed for sale without any pending purchase agreement under its current MLS number. DOM does not accrue while a listing is Under Contract, Contingent, Temporarily Off-Market, Expired, Canceled/Terminated, Sold, or Leased. DOM stops (pauses) once a purchase agreement is accepted or leaves the market.

#### [J. Cumulative Days on Market (CDOM)](#j.-cumulative-days-on-market-cdom)

CDOM tracks the total marketing history of the underlying parcel(s), regardless of changes in Listing Agent, office, or price. Material composition changes, such as splitting off a lot or adding/removing a structure, do not automatically reset CDOM. If any portion of the property has been publicly exposed to the market, that history remains attached to the listing. CDOM accrues only while the property is in a status that counts as active marketing and stops when the property is no longer actively marketed.

<mark style="color:red;">**Resetting to Zero DOM:**</mark> If the property is relisted within 180 days after expiration, cancellation, or termination, CDOM continues from the prior listing, unless the property was sold or leased during that period. CDOM resets to zero only after 180 consecutive days off-market with no active listing agreement.

#### [K. DOM & CDOM Accrual by Status:](#dom-and-cdom-accrual-by-status)

<table><thead><tr><th valign="top">Listing Status</th><th valign="top">DOM Accrues?</th><th valign="top">CDOM Accrues?</th></tr></thead><tbody><tr><td valign="top"><strong>Active (all marketing options)</strong></td><td valign="top">✅ Yes</td><td valign="top">✅ Yes</td></tr><tr><td valign="top"><strong>Active-Property Sale Contingency</strong></td><td valign="top">✅ Yes</td><td valign="top">✅ Yes</td></tr><tr><td valign="top"><strong>Contingent, Backups OK</strong></td><td valign="top">❌ No</td><td valign="top">❌ No</td></tr><tr><td valign="top"><strong>Under Contract</strong></td><td valign="top">❌ No</td><td valign="top">❌ No</td></tr><tr><td valign="top"><strong>Temporarily Off-Market</strong></td><td valign="top">❌ No</td><td valign="top">❌ No</td></tr><tr><td valign="top"><strong>Expired / Canceled / Terminated</strong></td><td valign="top">❌ No (clock stopped)</td><td valign="top">❌ No (clock stopped)</td></tr><tr><td valign="top"><strong>Sold / Leased</strong></td><td valign="top">❌ No (clock stopped)</td><td valign="top">❌ No (clock stopped)</td></tr></tbody></table>

### [4.2 – BSCMLS Service Area and Jurisdiction](#id-4.2-bscmls-service-area-and-jurisdiction)

The official BSCMLS service area includes the following Montana counties:

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{% column %}

* Beaverhead
* Broadwater
* Deer Lodge
* Gallatin
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* Granite
* Jefferson
* Madison
* Meagher
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{% column %}

* Park
* Silver Bow
* Sweet Grass
  {% endcolumn %}
  {% endcolumns %}

#### [View the BSCMLS Service Area Map Here](https://bscmls.com/service-area)

Listings located outside the BSCMLS service-area counties may be entered voluntarily. These voluntary listings are exempt from (a) the BSCMLS 3-Day Rule and (b) CCP-related submission deadlines that apply within the service area – see [**Clear Cooperation Policy (“CCP”) Violation and Repercussions**](https://rulebook.bscmls.com/pages/Ly52oj7Jm1RUXjXdk2ur#id-6.6-clear-cooperation-policy-ccp-violation-and-repercussions-nar-policy-8.00). Once a voluntary listing is entered into the MLS, it must still follow all MLS content, accuracy, status-change reporting, and data integrity requirements applicable to any listing record.

#### [Co-Listing with Non-BSCMLS Agents and Other MLSs](#co-listing-with-non-bscmls-agents-and-other-mlss)

A BSCMLS listing may be co-listed with a licensed real estate agent who is not a BSCMLS Participant or Subscriber. The BSCMLS member responsible for the listing remains responsible for the accuracy of the MLS record and compliance with all BSCMLS rules.

When entering the listing in Matrix, use an additional **List Agent** field and type **“Non-Member”** in the Agent ID field. Select **“Non Member”** from the available results. Matrix will display the co-listing party generically as a non-member; the outside agent’s individual name, phone number, email address, and brokerage information are not entered into these MLS fields.

Identification as a non-member co-listing party does not provide the outside agent with BSCMLS access, MLS privileges, or authorization to use BSCMLS systems or data.

**Listings in More Than One MLS:**\
BSCMLS does not prohibit the same property from being listed simultaneously in another multiple listing service, provided the listing broker is authorized to submit the property to that service. Each MLS record remains independently subject to the rules, deadlines, status-reporting requirements, and data standards of the MLS in which it is entered.

### [4.3 – Authorized Listing Agreements](#id-4.3-authorized-listing-agreements) 🟦NAR Model Rules

These requirements ensure that a single authorized party is responsible for the accuracy of the property data.

#### [A. AGREEMENTS ELIGIBLE FOR ‘ACTIVE’ STATUS](#a.-agreements-eligible-for-active-status)

The following agreement types establish an exclusive agency relationship and authorize the Broker to cooperate with other Participants.

{% stepper %}
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#### ✅ **Exclusive Right-to-Sell:**

The seller provides exclusive authorization to the Listing Agent to cooperate with other Brokers in the sale of the property. The commission is payable regardless of who procures the buyer.
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#### ✅ **Exclusive Agency:**

The seller authorizes the Listing Agent to cooperate with other Brokers but reserves the general right to sell the property themselves on an unlimited or restrictive basis without owing a commission.
{% endstep %}

{% step %}

#### ✅ **Limited-Service Listing:**

A listing agreement where the Agent may not provide one or more standard fiduciary services (e.g., arranging appointments, presenting offers, advising on price).
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#### [B. AGREEMENTS ELIGIBLE FOR “COMP ONLY” ENTRY](#b.-agreements-eligible-for-comp-only-entry)

Certain privately handled transactions do not qualify for Active entry under the circumstances described below but may be eligible for entry after closing for statistical comparison purposes only. See [**Section 11.1**](https://rulebook.bscmls.com/pages/aJ9uVyuBt9rjWl5xYxB3#id-11.1-comparison-only-sales-comp-only) – Comparison Only Sales (“COMP ONLY”).

{% stepper %}
{% step %}

#### **⚠️ Single-Party Listing**

A listing agreement where the Seller and Listing Agent agree to facilitate a sale to a specifically identified buyer. Under BSCMLS policy, Single-Party Listings are privately handled transactions and must not be entered as Active when the property was never exposed to the market as an Active MLS listing.

Eligibility for later COMP ONLY entry is governed by [**Section 11.1**](https://rulebook.bscmls.com/pages/aJ9uVyuBt9rjWl5xYxB3#id-11.1-comparison-only-sales-comp-only).
{% endstep %}

{% step %}

#### **⚠️ Office Exclusive Listings**

An Office Exclusive is a listing that the seller has directed the Listing Broker to withhold from the MLS.

Before an offer is accepted, the seller may later authorize the Listing Broker to enter the property into the MLS as an Active listing under either Open Market or Delayed Internet Advertising.

If the property goes under contract before it is ever entered into the MLS as Active, it may not later be entered as Active. After closing, it may be eligible for COMP ONLY entry under [**Section 11.1**](https://rulebook.bscmls.com/pages/aJ9uVyuBt9rjWl5xYxB3#id-11.1-comparison-only-sales-comp-only).

For a property subject to mandatory submission, COMP ONLY eligibility requires that BSCMLS received the seller-signed Office Exclusive form within three (3) business days of the listing agreement start date.
{% endstep %}
{% endstepper %}

{% hint style="danger" %}
**Note:** A valid, seller-signed listing agreement is a prerequisite for COMP ONLY eligibility. For-Sale-By-Owner transactions are not eligible for COMP ONLY entry because no qualifying listing agreement exists.
{% endhint %}

### [4.4 – Prohibited Agreements](#id-4.4-prohibited-agreements)🟦NAR Model Rules

{% stepper %}
{% step %}

#### <mark style="color:$danger;">**❌**</mark> FSBO / Commission Agreements:

The BSCMLS requires a valid listing agreement as a condition of MLS entry. A one-time showing agreement or compensation agreement alone is not sufficient. A qualifying listing agreement designates a Broker who is responsible for the accuracy of the listing data, owes applicable duties arising from the listing relationship, and is accountable to the MLS.

Because a For-Sale-By-Owner transaction does not include a qualifying listing agreement with a Listing Broker, it is not eligible for entry in any form — not as an Active listing and not as a COMP ONLY sale.
{% endstep %}

{% step %}

#### <mark style="color:$danger;">**❌**</mark> Open Listings:

Agreements that lack exclusivity (where the seller only pays if that specific broker sells the property) are NOT accepted. While the National Association of REALTORS® no longer mandates the exclusion of open listings, the BSCMLS Board of Directors has elected, as a matter of local MLS policy, to continue excluding open listings from the Service. This policy may be revisited by the Board at any time.&#x20;
{% endstep %}

{% step %}

#### <mark style="color:$danger;">**❌**</mark> Net Listings:

Agreements where the commission is the difference between the sale price and a net figure are NOT accepted because NAR policy requires MLSs to exclude them from compilations of current listing information.
{% endstep %}
{% endstepper %}

### [4.5 – Listing Agreement Validity & Dates](#id-4.5-listing-agreement-validity-and-dates) 🟦NAR Model Rules

Listing agreements must be signed by all parties, including the Broker, to be enforceable. The “Listing Date” is a material term of the contract. For MLS purposes, the Listing Date is determined by the latter of two dates: (1) the specific “Beginning Date” written into the contract; OR (2) the date the final signature was obtained from all parties.

{% columns %}
{% column %}
{% hint style="warning" icon="backward" %} <mark style="color:$primary;">**Pre-Dating (Early Marketing):**</mark>
{% endhint %}

If the contract lists Monday as the start date, but signatures are not obtained until Wednesday, Wednesday is the effective Listing Date. Marketing before the listing agreement is valid/effective may violate Montana law because advertising requires a signed listing agreement that is valid as of the date of advertisement.
{% endcolumn %}

{% column %}
{% hint style="warning" icon="forward" %} <mark style="color:$primary;">**Post-Dating (Future Effective Date):**</mark>
{% endhint %}

If a seller signs on Monday, but the contract lists Wednesday as the start date, Wednesday is the Listing Date. The Agent cannot market the property until that date.
{% endcolumn %}
{% endcolumns %}


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