In January the REALTOR® Cooperation Policy came into force, putting into effect the new “Duty of Cooperation” in Article 30 of the REALTOR® Code.
The policy requires that where public marketing of a residential listing occurs, the listing must be placed on an MLS® System within a maximum of three (3) days, subject to the timeframe adopted by your board/association (0-3 days), and unless an exemption applies.
To help address the feedback and scenarios we’ve received since the policy came into force, we’ve updated the Frequently Asked Questions at CREA.ca/REALTORCooperation.
These include:
New construction listings in developments with multiple properties or units are exempt from the policy. Are assignments of such properties also exempt from the policy?
Yes. Any assignments will be exempt if they occur prior to the transfer of title. Read the complete answer here.
Is advertising a property listing at a real estate show (e.g., cottage show) considered “public marketing”?
Yes. Advertising listing information (e.g., photos, address, street name, property details, etc.) for specific properties visible in a public place like a real estate show is considered public marketing and would trigger the policy. Read the complete answer here.
Communications between a listing REALTOR® and REALTORS® within the same brokerage is not considered public marketing. Does this include REALTORS® in branch offices of their brokerage?
Yes, where a brokerage has branch offices under the same broker of record, communications between a listing REALTOR® and REALTORS® in those branch offices would generally not be considered public marketing. Communications to REALTORS® in any other office with a different broker of record, whether completely unaffiliated or affiliated in some other way (e.g., two brokerages operating under the same franchise banner), would be considered public marketing unless it is a one-to-one direct communication.
One-to-one direct communication between a listing REALTOR® and a REALTOR® from another brokerage/office (the receiving REALTOR®) is not considered public marketing. What about one-to-one direct communication between a listing REALTOR® and a potential buyer, or between the receiving REALTOR® and their client or other REALTORS®?
One-to-one direct communication on an individual basis between a listing REALTOR® and a potential buyer is not considered public marketing. Similarly, one-to-one direct communication on an individual basis between the receiving REALTOR® and their potential buyer is not considered public marketing. Read the complete answer here.
More commonly asked questions, and key elements of the Policy, have also been summarized in a new key message document.
If you have any questions, please contact CREA’s Member Experience Centre by email at support@CREA.ca or calling 1-888-237-7945.
