PrimeMLS, which is owned by 25 local REALTOR® Associations in NH, VT and MA, complies with NAR's Clear Cooperation Policy mandate having approved the adoption of the policy effective May 1, 2020. Here are some important details regarding this policy. Below is the policy and how PrimeMLS handles CCP, or you can watch this video summarizing the information.


TABLE OF CONTENTS


PrimeMLS Adoption of the Clear Cooperation Policy

Within one (1) business day of marketing a residential property to the public, the listing broker must submit the residential property 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 (e-mail blasts), multi-brokerage listing sharing networks, and applications available to the general public.


Note 1: Exclusive listing information for required property types must be filed and distributed to other MLS Participants for cooperation under the Clear Cooperation Policy. This applies to listings filed under Section 1 and listings exempt from distribution under Section 1.3 of the NAR model MLS rules if it is being publicly marketed, and any other situation where the listing broker is publicly marketing an exclusive listing that is required to be filed with the service and is not currently available to other MLS Participants.


Note 2: Section 1 and 1.11 of the PrimeMLS rules identify the types of properties mandated for inclusion in the MLS, which include the following properties. For clarity, the reference to "residential property" above includes Single-Family, Multi-Family (up to 4 units), Condos, Timeshares, and Mobile Homes. It excludes Commercial Properties, Business Opportunities, Commercial Multi-Family (5 or more units), Land, Boat Facilities, Rentals, and new construction developments with multiple properties. The change will apply only to listings with listing agreements executed on or after May 1, 2020.


And this policy shall only apply to listings within New Hampshire and Vermont, per existing PrimeMLS Rule 1.12, which states that: only listings of the designated types of property located within the New Hampshire and Vermont portions of PrimeMLS' service area are required to be entered into the PrimeMLS Database. Listings located outside of New Hampshire and Vermont, but within the PrimeMLS service area, as defined in Section D5 [MA, ME, RI, CT, NY], will be accepted if submitted voluntarily by a Participant, but cannot be required by PrimeMLS.


Note 3: Failure to add the listing to the MLS within 1 business day of the violation notice will constitute a separate violation of this policy and will be subject to escalation to the next offense. 


Note 4: The only exception will be if the property has gone under contract prior to receiving the violation. In those cases, the listing cannot be entered into the MLS until such time that it closes (Comp Listing entry) or becomes active again.

PrimeMLS Actions

When the policy was adopted in 2020, the PrimeMLS Board of Directors took an educational approach for violations with the caveat that any possible fines would be addressed at future board meetings. At its May 2023 meeting, the Board approved a rule modication for Clear Cooperation Policy violations.

As of July 1, 2023, the following fines will apply:

  • 1st Offense - $250.00 fine

  • 2nd Offense - $750.00 fine

  • 3rd and Subsequent Offenses - $1,500.00 fine and a required hearing with the Complaints and Violations Committee

Best Practices for Reporting CCP Violations

In order for PrimeMLS Staff to effectively investigate a potential CCP violation, please provide as much as you can of the following information:

  1. The list agent and/or office name

  2. The property address

  3. The source of the marketing (sign, Facebook, email blast, etc.)

  4. If marketed online, a screenshot including the date posted.

  5. If marketed via email, a forwarded copy of the email that includes the sender's email address and date sent.


PrimeMLS will investigate the matter and take appropriate action based on what is discovered. Reporting a CCP violation is anonymous and staff will inform you of the outcome once completed. Note that for marketing that does not clearly identify the date marketing began, PrimeMLS will use the reported date as the date public marketing began.