We have been collecting and considering broker and member questions and have compiled some FAQs to support the transition. Check them out below.

Q: What is the new REALTOR^® Cooperation Rule?

A: CREB^® Rule, Part II 6.06:

In accordance with the REALTOR^® Cooperation Policy, Members must, within three (3) calendar days of any Public Marketing, place the Listing on the MLS^® System for cooperation with other REALTORS^®. The following Listings are exempt from the requirements above:

1. Commercial property Listings (i.e., business properties, agricultural properties);
2. New construction Listings in developments with multiple properties of units (i.e., residential development projects, condo development projects); and
3. Rental property Listings.

Q: Will listings taken before Jan. 3, 2024, be subject to the policy?

A: No. If an Exclusive Seller Representation Agreement is signed and commences on or before Jan. 2, 2024, CREB^® Rule Part II 6.06 does not apply.  Exclusive Seller Represented Agreements signed or commencing on or after Jan. 3, 2024, will be subject to following CREA’s REALTOR^® Cooperation Policy and CREB^® Rule Part II 6.06.

Q: What will happen if a member violates CREB^® Rules Part II 6.06?

A: CREB® will issue reminders of CREB^® Rule Part II 6.06 until April 2, 2024, in alignment with CREB^®’s education-first philosophy. On April 3, 2024, violations of CREB^® Rule Part II 6.06 will be subject to summary enforcement outlined in the CREB^® Rules (Part II Section 15).

Q: When do I have to add a property to the MLS^® System?

A: If you use public marketing (ex. For sale sign), the property has to be on the MLS^® System within three calendar days unless it’s exempt (rental listings, commercial listings, new construction listings in developments with multiple properties or unit listings).

If you use the AREA Exclusive Seller Representation Agreement, the listing agent must place the listing on the MLS^® System within three calendar days of the commencement date of the AREA Exclusive Seller Representation Agreement.

Q: What is public marketing?

A: Public marketing is when the same message is sent out to more than one person outside the listing brokerage using a single action. The official definition is:

The representation of marketing of a Listing to the public or anyone not directly affiliated with the Listing Brokerage/ office in a business capacity. For clarity, Public Marketing does not include one-to-one direct communication with a REALTOR^® unaffiliated with the Listing Brokerage/ office. Public Marketing includes any representation regarding the sale of a property, including but not limited to flyers, yard signs, digital marketing on any public-facing websites, Brokerage website displays (including IDX and VOW) and onsite brokerage promotion, digital communications marketing (i.e., email blasts, newsletters, social media posts), multi brokerage Listing sharing networks, and applications available to the general public.

Examples of public marketing include:

• Newsletters sharing a “Coming Soon” listing.
• Adding a “Coming Soon” property to a social media platform.
• Having a property appear on a “Coming Soon” website.
• Posting property details of a non-MLS^® System listing on the window of a brokerage.
• Putting a “For Sale” or “Coming Soon” lawn or window sign on the property.
• Emailing other members on the same email about a property being prepped for listing on the MLS^® System.
• Sharing property details with a listing sharing network, such as a post to a private Facebook group.

Q: What is one-to-one marketing?

A: One-to-one marketing is when the agent communicates with a single agent outside their brokerage to share details of a property they have listed for sale. Examples of one-to-one marketing include:

• The listing agent calls another single agent (not a conference call) to tell them they have a new property coming soon.
• A team member sends a text message to another agent only (not a group text) to share that a non-MLS^® System listing that was conditionally sold is now back on the market.
• An assistant sends an email to a single person (not an email blast, no cc or bcc recipients) with details of the property their REALTOR^® has just listed.
• The listing agent sends a direct message to another person (not a group message) via Facebook Messenger about an off MLS^® System listing.

Q: Can we still take listings if the seller doesn’t want the property added to the MLS^® System?

A: Yes, if a seller does not want the property on the MLS^® System, members can still take the listing. Just remember two things.

1. The seller must sign the REALTOR^® Cooperation Disclosure and Consent Form
2. ONLY one-to-one marketing strategies can be used. Public marketing is NOT permitted.

Q: Can we still use “Coming Soon” strategies?

A: Yes. If using “Coming Soon” strategies, be mindful of whether your strategies use one-to-one marketing or public marketing. If publicly marketing the “Coming Soon” property, the property MUST be placed on the MLS^® System within three calendar days.

Q: What does “the property must be placed on the MLS^® System within three calendar days” mean?

A: Listing agents have up to three calendar days to activate the property on the MLS^® System.

• Example 1: The “Coming Soon” sign was placed on the front lawn on Thursday. Listing needs to be active on the MLS^® System by the end of the day on Sunday.
• Example 2: Exclusive Seller Representation Agreement (aka AREA Listing Contract) commences on Monday. Listing needs to be active on the MLS^® System by the end of the day on Thursday.

Q: What happens if my publicly marketed listing is conditionally sold before it’s added to the MLS^® System?

A: A conditionally sold listing still needs to be added to the MLS^® System, and the status can be changed to pending after activating it.

Q: What happens if my publicly marketed listing sells unconditionally before it’s added to the MLS^® System?

A: If a publicly marketed property is sold unconditionally before it’s activated on the MLS^® System, the sold listing still needs to be added to the MLS^® System, and the status can be changed to sold after activating it.

Q: What are “New Construction listings in developments with multiple properties or units?” Which are exempt from the policy?

A: These are new, never-occupied properties for sale by a builder in a community with one or more new, never-occupied properties for sale by a builder. Ex: spec homes in a new neighbourhood, an infill in a community with more than one infill for sale by a builder, bare lots for sale by a builder- intended for a future dwelling- in a community where various bare lots are for sale by builders.

Q: What are “Rental property listings” in relation to exemption from the policy?

A: For the purpose of this rule, “rental property listings” are residential properties and suites that are being advertised for rent or lease, which will have a lease agreement and be subject to the Residential Tenancies Act. This exemption does not apply to tenant occupied properties that are being advertised for sale.

What if I have questions?

This is a new policy, and CREB^® is navigating this with our brokers and associates. Thank you for your patience and understanding as we work to balance the members' needs with the requirements of CREA’s policy.  We’re committed to reviewing your questions and clarifying how different selling strategies are impacted by the REALTOR^® Cooperation Policy coming into effect.

If you have questions that are not answered here, please email crebmp@creb.ca or visit the Member Practice FAQ section on CREB^®Link, where we’ll continue to post questions and answers as they arise.