As of Jan. 3, 2022, all new listings that are conditionally sold must be reported on the MLS^® System as “Pending.” Listing agents are responsible for updating their listings within two business days to reflect the actual status of the property.

All Pending listings will continue to appear as Active on third-party IDX and VOW websites (giving sellers continual exposure until conditions are removed), but buyers working with REALTORS^® will know the actual status of a listing due to the requirements of reporting conditional sales.

This general rule is subject to ONLY one exception, “The Special Clause Sales” exception. This was introduced on June 28, 2022, and adjusted the required reporting of some conditionally sold properties as pending; accepted offers conditional to the Sale of the Buyer’s Property now have the option to leave these conditionally sold listings as “Active” on the MLS^® System OR report them as “Pending.”

The CREB^® Rules have been updated to outline this rule and its exception. CREB^® Rule Part I 4.02 states:

Straight sales and confirmations shall be reported to CREB^® by the Listing Brokerage.

1. At the time of acceptance, all conditional sales must be reported as Pending on the MLS® System with the following exception:

1. A Special Clause Sale, which is not subject to Rule 4.02(a).

1. Special Clause Sales can remain in Active status provided that the Seller has provided the Listing Brokerage with written instructions to maintain the listing as Active on the MLS® System. This supersedes CREB® Rule Part III 5(a).
2. Disclosure of the existence of the special clause sale and the seller’s notice period must be included in the private remarks on the active MLS® listing within two (2) business days of acceptance of the conditional sale.

If a seller has accepted a conditional offer subject to the Sale of the Buyer’s Property, they can now instruct their Listing Brokerage in writing to keep their listing as “Active” on the MLS^® System OR mark it as “Pending.”

If a seller provides written instruction to keep the listing active, the listing agent MUST:

• Disclose the Special Clause Sale in the Private Remarks of the listing;
• Disclose the Seller’s Notice period from term 1.6 of the Sale Buyer’s Property Schedule (e.g., 24 hours) in the Private Remarks of the listing; and
• These disclosures must be added to the Private remarks within two (2) business days of the seller accepting the conditional offer.

Please note, Conditional Sales subject to the Sale of the Buyer’s Property are sometimes referred to as Special Clause Sales. Special Clause Sales remaining in Active Status are subject to showing requirements under CREB^® Rule Part III 2.03(b).

Examples of Private Remarks disclosures that meet the rule exception requirements:

• Special Clause – 48 hours.
• Subject to Sale of Buyer’s Property - 24 hours.
• 12-hour special clause in place.
• Conditional to buyer’s home selling - 24-hour clause.

Examples of Private Remarks disclosures that do NOT meet the rule exception requirements:

• Special Clause.
• Subject to Sale of Buyer’s Property.
• Conditional to buyer’s house selling.

As a reminder:

• Conditional sales must be reported as pending within two business days of accepting an offer, regardless of whether the deposit has been received.
• Showings on pending listings are now required by default.
  • Keeping conditionally sold properties active on third-party websites allows the public to explore all their options, as conditional properties remain eligible for backup offers. Showings need to be accommodated to support backup offers, hence the showing default.
  • If your seller decides not to accommodate showings after you’ve assisted them in securing an offer with conditions, the seller can provide you with written instructions to decline showings.