On March 25th, the National Association of REALTORS ® (NAR) adopted a new policy allowing MLSs to give sellers the option to delay their listings' availability through Internet Data Exchange (IDX) and syndication for a specific period. This policy was created in response to pressure from national brokerages seeking alternatives to the Clear Cooperation Policy. NAR is allowing MLSs to implement this policy at their discretion by September 30. For more information on NAR’s announcement, click here.
PAAR's Decision: No Changes to Current Policy
After careful consideration, the PAAR Board of Directors, along with the advice from our MLS attorney, has decided NOT to move forward with implementing NAR's Delayed Marketing option. Why? Because PAAR already offers Coming Soon and Office Exclusive options that provide sellers with the flexibility they need. Adding another option would only create unnecessary confusion and complicate our members' day-to-day operations.
New PAAR Form: Increased Transparency for Sellers
To better serve our members and their clients, PAAR has developed a new combined form called the "PAAR Owner's Delayed or Limited Marketing Election Addendum" (attached). This form consolidates our Coming Soon and Office Exclusive options into one document, making it easier for sellers to understand all available marketing choices and increasing transparency throughout the listing process.
AAR's New Form and Why PAAR Will Not Adopt It
The Arizona Association of REALTORS ® recently created their own "AAR Owner's Delayed or Limited Marketing Election Addendum," which includes options for "Delayed Marketing" (essentially Coming Soon) and "Limited Marketing" (essentially Office Exclusive). However, after thorough review, the PAAR Board of Directors has decided NOT to adopt this form.
Here's why: The AAR form's "Delayed Marketing" option states that listings will NOT be syndicated via IDX, which directly contradicts PAAR's Coming Soon policy. Our Coming Soon listings ARE included in IDX syndication, and our members have expressed satisfaction with this approach. Adopting the AAR form would put our members at risk if their clients selected the "Delayed Marketing" option, as it would not accurately reflect what happens in the PAAR MLS.
Important Note About AAR's Revised Listing Contracts
AAR has also revised their Exclusive Right to Sell/Rent and Exclusive Agency contracts to reference their new form "or similar." PAAR will be adopting these revised contracts, but we will NOT be adopting the AAR Owner's Delayed or Limited Marketing Election Addendum itself.
What This Means for You:
- If you are only a PAAR member: You will not see the AAR Owner's Delayed or Limited Marketing Election Addendum in your forms folder. You will need to use the PAAR Owner's Delayed or Limited Marketing Election Addendum or a similar form provided by your broker.
- If you are a member of multiple associations: You may see the AAR form in your forms library if one of your associations has adopted it.
Our Strong Recommendation:
While PAAR cannot legally require you to use a specific form, we strongly recommend using the PAAR Owner's Delayed or Limited Marketing Election Addendum for any Coming Soon or Office Exclusive listing, as it most accurately reflects PAAR MLS policies.
If you choose to use the AAR form instead, please be aware that you must inform your sellers that if they select the "Delayed Marketing" option, that designation is not accurate for PAAR MLS—the listing WILL syndicate via IDX. Always consult with your broker on form questions.
Form Availability:
Due to the late arrival of the revised listing contracts and notice of the new forms from AAR, these forms will not be available in TransactionDesk or other transaction management platforms for a couple of weeks.
If you would like to use the new forms in the meantime, you can access them through the MLS Intranet. Alternatively, you may continue to use the existing ERTS and separate Coming Soon and Office Exclusive forms until the new forms are available in your forms library.
Key Takeaways:
- PAAR will NOT be implementing NAR's new "Delayed Marketing" option, as our existing Coming Soon and Office Exclusive options already meet sellers' needs.
- PAAR has created a new combined form: "PAAR Owner's Delayed or Limited Marketing Election Addendum" to increase transparency and help sellers understand all available marketing options.
- PAAR will NOT be adopting the AAR Owner's Delayed or Limited Marketing Election Addendum due to conflicts with our current MLS policies.
- PAAR will adopt AAR's revised Exclusive Right to Sell/Rent and Exclusive Agency contracts that reference using the "AAR Owner's Delayed or Limited Marketing Election Addendum or similar."
- We strongly recommend using the PAAR form to ensure accuracy and compliance with PAAR MLS policies.
We understand that policy changes can be confusing, and we're committed to supporting you through this transition. If you have any questions, please don't hesitate to reach out.
Thank you for your continued professionalism and dedication to serving your clients.