Clear Cooperation or Code of Ethics: Which Violation Is It?

Recently, we have had some potential violations of Clear Cooperation reported to the SB MLS.  When contacted, the member reported that they were not in violation of the Clear Cooperation rule, since they did not have a listing contract signed with the seller, and therefore were not required to and could not enter the property into the MLS. You must have a signed listing contract to advertise a property.

The Board of Directors has directed staff to forward to the Grievance Committee any case in which the Clear Cooperation defense is that the property is not listed.  It will then be up to the Grievance Committee to determine if a violation of Article 12 (false advertising) exists.  Advertising a property for sale without the authority of a signed listing agreement would constitute a violation of Article 12.