On January 3, 2024, the new Duty to Cooperate under the REALTOR® Code came into force, with additional details set out in a REALTOR® Cooperation Policy. The core of the policy is that where public marketing of a property occurs, REALTORS® are required to place their listings on an MLS® System within the timeframe adopted by their board/association, which may be up to a maximum of three (3) days, unless an exemption applies.

The key elements of the policy can be summarized as follows:

Basic Rule: Where public marketing of a listing occurs, the listing must be placed on an MLS® System within the timeframe adopted by the board/association, which may be up to a maximum of three (3) days, unless an exemption applies.

Public Marketing: Means any marketing to the public or anyone not directly affiliated with the listing brokerage/office, excluding one-to-one direct communication.

One-to-One Direct Communication: Means the marketing of a property by the listing REALTOR® directly to REALTORS® from other brokerages/offices on a one-to-one basis, and is not considered public marketing under the policy. Note marketing on a one-to-many basis, involving access to a listing by more than one recipient (for example via an email blast or private social media group) will trigger the Basic Rule.

Disclosure and Consent Requirements: REALTORS® must inform their seller clients of the benefits of marketing their listing on an MLS® System. If a seller decides to forego this option, the decision must be confirmed in writing to the REALTOR®, acknowledging they are declining the benefits of placing their listing on an MLS® System.

Yes, all REALTORS® are required to comply with the new REALTOR® Code provision and the accompanying policy through their membership in local boards and associations.

MLS® Systems facilitate increased exposure of listings to a broad group of REALTORS® and their clients, benefitting both sellers and buyers.

From a seller’s perspective, a listing with exposure on an MLS® System may increase the number of offers received and improve their chances of receiving the most competitive offers for their home.

From a buyer’s perspective, they benefit when their REALTORS® have access to a more complete inventory of homes for sale that may meet their needs.

From the perspective of a REALTOR®, efficient and effective cooperation through MLS® Systems maximizes opportunities for REALTORS® to bring together home buyers and sellers.

You can find the form in WEBForms® and SkySlope Forms. Search for "REALTOR® Cooperation Disclosure and Consent Form".