Fair and Equal Access to Listed Property
Effective July 1, 2025, the MLS has introduced a new policy regarding the timeframe during which a listed property must be available for showing appointments.
- The new policy increases flexibility for Sellers and is based upon the premise that access to the listed property will be provided fairly and equally to all agents with showing requests, including the listing agent.
- This new policy allows a Seller to restrict showing availability for up to five (5) consecutive days. The previous policy required listed property to be available within one (1) business day.
- Listed property with a Visibility Type of MLS Listing must be readily available to show to all MLS subscribers EQUALLY and FAIRLY, beginning not later than within one (1) calendar day of listing dissemination in the MLS*, or for Coming Soon listings on the Begin Showing Date.
*Note: New listings (except Exclusive Agent, Office, or Firm) must be available for showing appointments at the beginning of the listing period, or on the Begin Showing Date for Coming Soon listings. Once the initial showing availability requirement has been met, the policy will add flexibility for Sellers to accommodate showings, as long as all requesting showing agents are treated fairly and equally.
Fair and Equal Access will be based on the following:
- The window of opportunity for showings is considered to be daily from 8:00 am to 8:00 pm.
- Provided that the listing is available within one (1) calendar day of listing dissemination (or for Coming Soon listings on the Begin Showing Date), Seller’s written authorization will be required if Seller has reduced the window of opportunity for showings, which will be made available to MLS Staff upon request.
- The maximum amount of time that a listing can be unavailable to show is five (5) consecutive days.
- If a listed property is unavailable for six (6) or more consecutive days, the Seller will provide written authorization to withhold the listing and temporarily change the status to Withdrawn in the MLS (Days on Market do not accrue while in the Withdrawn status).
Violations of the Fair and Equal Access to listed property:
The MLS Fine to a Listing Agent who provides unfair and unequal access for all MLS Subscribers, including themselves, for listings with a visibility type of “MLS Listing” (all MLS Subscribers) is $1,000.
Fair and Equal Access and the Clear Cooperation Policy.
According to NAR, A listing’s availability to show is not a determining factor for Cooperation under the Clear Cooperation Policy. Cooperation is NOT tied to a listing’s availability to show. NAR indicates that Cooperation is established by simply sharing information about the listing to all MLS Subscribers.
Fair Housing.
If a Listing Agent provides unfair and unequal access to listed property, the Listing Agent may have violated the Code of Ethics and/or the Clear Cooperation Policy, which could result in a consumer complaint of Fair Housing Laws.
