# Section 6: Multiple Listing Options for Sellers & CCP Compliance - NAR Policy 8.00 {% hint style="info" %} 🟦 = NAR-based policy provision **NOTE:** The prohibitions and consumer disclosure requirements in this section must be followed as adopted by BSCMLS. {% endhint %} This section defines the three marketing choices available to sellers and outlines the compliance requirements for the [**National Clear Cooperation Policy (“CCP”)**](https://www.nar.realtor/about-nar/policies/mls-clear-cooperation-policy). For all property types subject to CCP (see [**Section 5.1**](https://rulebook.bscmls.com/pages/2lQd8DvPaLSQ1sFYXgth#id-5.1-mandatory-submission-property-types-subject-to-ccp)), once the listing agreement is fully executed, the Listing Agent must, no later than 11:59 PM on the third business day following the listing agreement start date, do one of the following: * enter the listing into the MLS as **Open Market** or **Delayed Internet Advertising**, **or** * if the seller chooses **Office Exclusive**, handle the listing as a **private listing** in the manner authorized by the seller and permitted by BSCMLS, including either office-only MLS visibility or withholding the listing from the MLS. In all Office Exclusive cases, the seller-signed Office Exclusive disclosure form must be submitted to BSCMLS by emailing it to [**support@bscmls.com**](mailto:support@bscmls.com) within the same 3-business-day deadline. Office Exclusive listings remain subject to CCP and may not be publicly marketed outside the listing office unless and until the listing is entered or converted in the MLS as required by these Rules. {% hint style="warning" %} **Reminder:** If the listing is publicly marketed in a way that triggers CCP, the one (1) business day deadline rule applies (see [**Clear Cooperation Policy (“CCP”) Violation and Repercussions**](#id-6.6-clear-cooperation-policy-ccp-violation-and-repercussions-nar-policy-8.00) and [**Public Marketing Definitions & Permitted Communications**)](#id-6.7-public-marketing-definitions-and-permitted-communications-nar-office-exclusive-guidance). {% endhint %} ### [Multiple Listing Options for Sellers ("MLOS")](#multiple-listing-options-for-sellers) Start by identifying the seller’s marketing choice: * **Open Market** = entered in the MLS and publicly visible; * **Delayed Internet Advertising** = entered in the MLS and visible to MLS users, but withheld from internet display; * **Office Exclusive** = private listing, handled either with office-only MLS visibility or withheld from the MLS indefinitely or temporarily, depending on the seller’s instructions. If a listing is publicly marketed in a way that triggers CCP, the one (1) business day rule in [**Section 6.6**](#id-6.6-clear-cooperation-policy-ccp-violation-and-repercussions-nar-policy-8.00) applies. If the property type meets the criteria for [**listings that are subject to CCP**](https://rulebook.bscmls.com/pages/2lQd8DvPaLSQ1sFYXgth#id-5.1-mandatory-submission-property-types-subject-to-ccp), once the agreement goes into effect you must choose the seller's preferred marketing option within **three (3) business days**...

Open Market (PUBLIC)

Delayed Internet Advertising (MLS Users Only)

Office Exclusive (PRIVATE)

  1. Enter in MLS as Active
  2. Select NO for Delayed Internet Advertising

  3. Choose additional marketing options in the Listing Distribution tab

    1. Open Market presents the widest possible exposure to the market and offers the best opportunity for the highest price and best terms
    2. No disclosures required
  1. Enter in MLS as Active
  2. Download the Delayed Internet Advertising Disclosure and discuss the risks of withholding the sellers property from the internet before making a final decision
  3. Retain a signed copy of the disclosure for your records - DO NOT submit it to the MLS.

  4. On the 'Listing Distribution' tab in listing entry, select YES for Delayed Internet Advertising

    1. The additional marketing options in the listing distribution tab are irrelevant if Delayed Internet Advertising is selected
    2. Visible to MLS users only, hidden from internet portals and brokerage websites that provide public display
  1. Download the Office Exclusive Disclosure and explain to your seller that private marketing significantly decreases the number of potential buyers who may see it

  2. Choose the Office Exclusive option your seller selects on the disclosure form:

    1. Enter in MLS and select YES in the Office Exclusive tab (office-only visibility), or
    2. Withhold the listing from MLS
  3. Submit the signed the signed disclosure to support@bscmls.com within the same three (3) business day timeframe
  • If a private listing is publicly marketed, CCP is triggered - must be entered in the MLS as Open Market or Delayed Internet within one (1) business day
### [6.1 – Option 1: Open Market (Maximum Exposure)](#id-6.1-option-1-open-market-maximum-exposure) This option provides maximum exposure. The listing is visible to all MLS Subscribers and distributed to public-facing websites and listing portals (subject to MLS display rules and seller privacy selections where applicable).
Submission Deadline: Must be entered as **Active** in the MLS within the standard **3-business-day** deadline (see [**The "3-Day Rule"**](https://rulebook.bscmls.com/pages/zwpkycNdgSBdOO3sXOxt#c.-the-3-day-rule)).
DOM & CDOM: DOM and CDOM accrue from the MLS listing date only while the listing is actively being marketed. Once a purchase agreement is accepted, the clock stops. See [**Sections 4.1 (I) and (K)**](https://rulebook.bscmls.com/pages/zwpkycNdgSBdOO3sXOxt#i.-days-on-market-dom).
Marketing: There are no restrictions on public marketing.
Transition to Office Exclusive (only ACTIVE listings qualify): An Open Market listing may be changed to [**Office Exclusive**](#id-6.3-option-3-office-exclusive-private-marketing) if the seller gives written instruction to do so and the required [**Office Exclusive Disclosure**](#id-6.5-office-exclusive-disclosure-requirements-seller-certification-nar-policy-8.14) is submitted to BSCMLS within the applicable deadline. Once the listing is changed, public internet visibility and broad MLS exposure stop, and the listing must thereafter be handled as a private listing. One-to-one communications remain permitted, but any public marketing or one-to-many promotion outside the listing office will trigger CCP and require corrective action under [**Section 6.6**](#id-6.6-clear-cooperation-policy-ccp-violation-and-repercussions-nar-policy-8.00). Before making the change, the Listing Agent should ensure the seller understands how the change affects visibility, marketing, and future MLS handling.
### [6.2 – Option 2: Delayed Internet Advertising (Limited Exposure)](#id-6.2-option-2-delayed-internet-a-dvertising-limited-exposure) This option allows the seller to make the listing visible to all MLS Subscribers while withholding it from **IDX and syndication** (public portal display). The listing is still in the MLS and is still an on-market listing. {% hint style="warning" icon="building-shield" %} **Documentation Requirement:** The Listing Agent must retain the seller-signed Office Exclusive disclosure for their records. (Not required to be submitted to BSCMLS unless BSCMLS later requests it as part of a compliance review.) {% endhint %} #### [Download the Delayed Internet Advertising Disclosure](chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://storage.mytribus.com/43eff50c-02fb-4cdc-9af4-f55e1dbf7b06/files/8d0ea622-e7e3-416b-966d-f4b4871916c9.pdf)
Submission Deadline: Must be entered as **Active** within the standard **3-business-day** deadline (see [**The "3-Day Rule"**](https://rulebook.bscmls.com/pages/zwpkycNdgSBdOO3sXOxt#c.-the-3-day-rule)).
DOM & CDOM: DOM and CDOM accrue from the MLS listing date only while the listing is actively being marketed. Once a purchase agreement is accepted, the clock stops. See [**Sections 4.1 (I) and (K)**](https://rulebook.bscmls.com/pages/zwpkycNdgSBdOO3sXOxt#i.-days-on-market-dom).
Visibility: Fully visible to all MLS users; included in Virtual Office Website (VOW) and back-office feeds; **NOT** included in data feeds displayed to the public (IDX & IDX Plus).
Duration & Flexibility: BSCMLS does not set a maximum time limit for Delayed Internet Advertising. The seller may instruct the Listing Agent to turn public internet advertising on or off at any time.
Transition to Office Exclusive (only ACTIVE listings qualify): A Delayed Internet Advertising listing may be changed to [**Office Exclusive**](#id-6.3-option-3-office-exclusive-private-marketing) if the seller gives written instruction to do so and the required [**Office Exclusive Disclosure**](#id-6.5-office-exclusive-disclosure-requirements-seller-certification-nar-policy-8.14) is submitted to BSCMLS within the applicable deadline. Once the listing is changed, it is no longer visible to all MLS Subscribers and must thereafter be handled as a private listing. One-to-one communications remain permitted, but any public marketing or one-to-many promotion outside the listing office will trigger CCP and require corrective action under [**Section 6.6**](#id-6.6-clear-cooperation-policy-ccp-violation-and-repercussions-nar-policy-8.00). Before making the change, the Listing Agent should ensure the seller understands how the change affects visibility, marketing, and future MLS handling.
### [6.3 – Option 3: Office Exclusive (Private Marketing)](#id-6.3-option-3-office-exclusive-private-marketing) This option is used when the seller directs the Listing Agent to market the property as a **private listing** rather than as an openly marketed MLS listing. Under BSCMLS policy, **Office Exclusive** has one meaning: a listing that is intended to remain private and must not be publicly marketed. BSCMLS permits Office Exclusive listings to be handled in one of two ways, depending on the seller’s instructions and the listing office’s needs: #### [Download the Office Exclusive Disclosure](chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://storage.mytribus.com/43eff50c-02fb-4cdc-9af4-f55e1dbf7b06/files/a650cbcb-c570-4b27-899d-2b37416223f0.pdf) {% stepper %} {% step %} ### [On-MLS Office Exclusive:](#on-mls-office-exclusive) The listing is entered into the MLS but is visible only to Subscribers affiliated with the listing office. {% endstep %} {% step %} ### [Off-MLS Office Exclusive:](#off-mls-office-exclusive) The listing is handled outside broader MLS exposure for as long as the seller directs, whether temporarily or indefinitely. {% endstep %} {% endstepper %} In either case, Office Exclusive remains a private marketing option and is not eligible for public advertising or [**one-to-many promotions**](#b.-what-does-trigger-ccp) outside the listing office. If an Office Exclusive listing is publicly marketed in a CCP-triggering manner, it must be entered or converted in the MLS within **one (1) business day** in accordance with [**Section 6.6**](#id-6.6-clear-cooperation-policy-ccp-violation-and-repercussions-nar-policy-8.00).
Required Disclosure: A seller-signed Office Exclusive Disclosure must be emailed to [**support@bscmls.com**](mailto:support@bscmls.com) within the standard 3-business-day deadline, whether the listing is handled On-MLS or Off-MLS.
On-MLS Office Exclusive: Entered into the MLS with visibility limited to Subscribers in the listing office only.
Off-MLS Office Exclusive: Handled outside broader MLS exposure for as long as the seller directs, whether temporarily or indefinitely.
Public Marketing Allowed? No. Office Exclusive is a private listing and may not be publicly marketed. Public marketing outside the listing office may trigger CCP and require entry into the MLS as Open Market or Delayed Internet Advertising.
Later Changes Permitted: While a listing is still in an **ACTIVE** on-market status, an Office Exclusive listing may be converted to Open Market or Delayed Internet Advertising, if authorized by the seller on the Office Exclusive Disclosure and no offer has been accepted. If it is never entered during the active listing term, it may **ONLY** be entered after closing for comparison purposes, and only if authorized by the seller in the "Future MLS Entry" section of the disclosure form.
DOM & CDOM: If entered in the MLS as Office Exclusive, or after closing for comparison purposes, DOM and CDOM accrue from the MLS listing date only while the listing is actively being marketed. Once a purchase agreement is accepted, the clock stops.
### [6.4 – Office Exclusive Filing Methods & Future MLS Entry](#id-6.4-office-exclusive-filing-methods-and-future-mls-entry) #### [A. On-MLS Office Exclusive (Office-Only Visibility)](#on-mls-office-exclusive-office-only-visibility) If the seller chooses to keep the listing private but allows internal electronic sharing within the listing office, the listing may be entered into the MLS as an Office Exclusive listing visible only to Subscribers affiliated with the listing office. 1. The listing remains private and may not be publicly marketed. 2. The listing may be shared electronically only within the listing office and may be used by agents in that office to communicate with their clients in the ordinary course of brokerage service. 3. The listing may later be changed in the MLS to: 1. **Option 1:** Open Market, or 2. **Option 2:** Delayed Internet Advertising, if the seller later elects broader exposure. #### [B. Off-MLS Office Exclusive (Not Entered in the MLS)](#off-mls-office-exclusive-no-mls-record) If the seller directs that the listing be kept private and not entered in the MLS during some or all of the marketing period, the listing may be handled as an Off-MLS Office Exclusive in accordance with the seller’s written instructions and the required Office Exclusive Disclosure. 1. The listing remains private and may not be publicly marketed. 2. This method may be used when the seller wants complete anonymity, wants to delay broader MLS exposure until a later time, wants the property kept private for another lawful reason, or if you are still waiting for photos of the property. 3. If the seller later authorizes broader exposure, or if they want enhanced private marketing, the property may be entered into the MLS as: 1. **Option 1:** Open Market, or 2. **Option 2:** Delayed Internet Advertising, or 3. **Option 3:** On-MLS Office Exclusive #### [C. Future MLS Entry After Closing](#c.-future-mls-entry-after-closing) If the seller chose private handling outside broader MLS exposure, the property may later be entered into the MLS during the active listing term if authorized by the seller on the Office Exclusive Disclosure and there is no accepted offer. If the property is not entered into the MLS during the active listing term, it may be entered after closing for comparison purposes only, subject to [**Section 11**](/section-11-sold-data-and-permitted-use.md) and the seller’s written authorization on the Office Exclusive Disclosure. ### [6.5 – Office Exclusive Disclosure Requirements (Seller Certification)](#id-6.5-office-exclusive-disclosure-requirements-seller-certification-nar-policy-8.14) 🟦NAR Policy 8.14 #### [A. Open Market (Option 1) – No Disclosure Required](#a.-open-market-option-1-not-applicable) No disclosure form is required if the seller chooses Option 1. #### [B. Delayed Internet Advertising (Option 2) – Disclosure Retained by Broker](#b.-delayed-internet-a-dvertising-option-2-disclosure-retained-by-broker) If the seller chooses Option 2, the Listing Agent must retain the seller-signed disclosure confirming the seller’s instruction to delay public internet marketing (IDX/syndication). Submission to BSCMLS is not required unless requested for compliance review. #### [C. Office Exclusive (Option 3) – Disclosure Submitted to MLS](#c.-office-exclusive-option-3-disclosure-submitted-to-mls) If the seller chooses Option 3, the Listing Agent must submit a seller-signed Office Exclusive Disclosure to the BSCMLS office by emailing it to [**support@bscmls.com**](mailto:support@bscmls.com) no later than 11:59 PM on the third business day following the listing agreement start date, regardless of whether the listing will be handled as **On-MLS Office Exclusive** or **Off-MLS Office Exclusive**. Submission of the Office Exclusive Disclosure is mandatory because it documents that the seller understands the MLS benefits being limited or waived, confirms the seller and Listing Agent acknowledge that Office Exclusive is a private listing subject to CCP restrictions, and provides the MLS with notice of whether the seller authorized: 1. office-only MLS visibility, 2. withholding the private listing from the MLS for a period of time or for the full active marketing term, 3. later conversion to Open Market or Delayed Internet Advertising, and/or 4. future MLS entry after closing for comparison purposes only. ### [6.6 – Clear Cooperation Policy (“CCP”) Violation and Repercussions](#id-6.6-clear-cooperation-policy-ccp-violation-and-repercussions) 🟦NAR Policy 8.00 {% hint style="danger" %} #### **This section is the authoritative source for CCP definitions and procedures. All cross-references to CCP throughout these rules direct to this section.** The Clear Cooperation Policy (“CCP”) is a National policy requiring that any listing subject to mandatory submission (see [**Property Types Subject to CCP**](https://rulebook.bscmls.com/pages/2lQd8DvPaLSQ1sFYXgth#id-5.1-mandatory-submission-property-types-subject-to-ccp)) must be filed with the MLS within **one (1) business day** of being publicly marketed. A CCP violation occurs when a listing is publicly marketed as defined in [**Section 6.7**](#id-6.7-public-marketing-definitions-and-permitted-communications-nar-office-exclusive-guidance), including (but not limited to) promotion outside the listing brokerage through a “one-to-many” communication. {% endhint %} #### [A. What does NOT trigger CCP](#what-does-not-trigger-ccp) CCP is not triggered by a one-to-one communication that is not public marketing—such as responding to a specific inquiry from a single broker/agent—provided the listing is not otherwise being publicly marketed and the communication is not part of a broader effort to expose the listing to multiple brokers or the public. #### [B. What DOES trigger CCP](#what-does-trigger-ccp) **“One-to-many”** promotion includes, but is not limited to: sending the listing to multiple brokers/agents outside the listing office at once (email/text blasts or group conversations), posting to social media, posting to any website or public-facing page, sending to a group chat/channel with multiple brokers, posting to a broker-only group/forum, distributing a flyer to multiple offices/agents, or otherwise marketing to reach multiple brokers or the public outside the listing brokerage. #### [C. Office Exclusive Violations (Option 3)](#c.-mls-office-exclusive-violations-option-3) If a listing is being marketed as Office Exclusive - whether handled as **On-MLS Office Exclusive** or **Off-MLS Office Exclusive** - and it is publicly marketed outside the listing office in a CCP-triggering manner, it must be entered or converted in the MLS to comply with CCP. **Required action:** Within one (1) business day of public marketing (or within one (1) business day of discovery/notice if the precise time cannot be established), the Listing Agent must place the listing in the MLS as Active and select either: * **Option 1:** Open Market, or * **Option 2:** Delayed Internet Advertising **Listing date requirement:** The listing agreement must be valid as of the date of advertisement, and the listing effective date must reflect the effective date of the listing agreement, not the date entered in the MLS. #### [D. CCP Fines](#d.-ccp-fines) CCP violations are subject to the fine schedule in [**Section 16.2 - Category 5**](/section-16-mls-policy-and-enforcement.md#category-5-clear-cooperation-policy-ccp). ### [6.7 – Public Marketing Definitions & Permitted Communications](#id-6.7-public-marketing-definitions-and-permitted-communications-nar-office-exclusive-guidance) 🟦NAR Office Exclusive Guidance **Public Marketing Defined:** For purposes of CCP enforcement, 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. {% hint style="warning" icon="square-info" %} **\***A **“multi-Brokerage listing sharing network”** is any platform, distribution list, or process used to disseminate listing information among separate brokerage firms. This includes networks connecting offices that operate under a unified corporate franchise agreement or shared ownership structure but function as distinct brokerages. {% endhint %} #### The following activities are NOT considered public marketing and do not, by themselves, trigger the one (1) business day CCP filing requirement, provided the listing is not otherwise publicly marketed: {% stepper %} {% step %} #### Promotion within the Listing Brokerage: Direct promotion of an Office Exclusive listing between agents affiliated with the **SAME** Listing Office. ❌ **Note on Brokerage “Firms”:** If a Participant owns or manages multiple office locations that operate as distinct legal entities or franchises, they are considered separate brokerages. Broadcasting a private listing from Office A to Office B is treated as public marketing, even if they share an owner. {% endstep %} {% step %} #### One-to-One Promotion: Individual communication with a single agent in another brokerage, provided the communication is direct (one-to-one) and **NOT** a broadcast (one-to-many). ❌ **Prohibited Broadcasts:** Mass emails, text blasts, group posts, forum posts, or group messages to agents in other offices are considered public marketing and triggers a CCP violation. {% endstep %} {% endstepper %} {% hint style="success" %} #### Compliance Tip: To maintain a listing as Office Exclusive, the Listing Agent should avoid any activity that resembles broad distribution outside the listing brokerage. When in doubt, the activity should be treated as public marketing, and the listing should be filed with the MLS accordingly. {% endhint %} ### [6.8 – Unprofessional Conduct - Sanction of License](#id-6.8-unprofessional-conduct-sanction-of-license) Per Montana law [**(MCA 37-51-321(2))**](https://archive.legmt.gov/bills/mca/title_0370/chapter_0510/part_0030/section_0210/0370-0510-0030-0210.html), a property may not be advertised in any way without a valid, signed listing agreement, and the listing agreement must be valid as of the date of advertisement. Once a signed agreement is in place, any public advertising of a listing subject to CCP immediately triggers the one (1) business day filing deadline. --- # 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. 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