by Dennis Wilson, Manager, Professional Standards
According to Rules of Cooperation 3.21 Member Access to Listed Properties, you cannot have a listing on the MLS® that cannot be shown. However, there are a few tools to deal with situations when you cannot show a property as per your client’s request.
New listings (No Show period):
A NEW listing is a listing that is about to be listed on the MLS. These listings can have a “No Show” period of a maximum of seven days from the Effective date of the listing. The date on which the listing is available for showings must be noted on the Schedule A and disclosed in the Realtor Remarks of the listing on the MLS®. If your new listing cannot be shown for more than seven days, it will not be acceptable for processing on the MLS®.
Existing listings (No Show and Hold All Action periods):
An EXISTING listing is a listing that is already on the MLS®. These listings can also have a No Show period of a maximum of seven days. If a longer period is required, an existing listing can be put in a “Hold All Action” status for a maximum of 14 days, by submitting the Amendment of Multiple Listing Contract form with the “Hold All Action” line completed. A Hold All Action status is useful for accommodating a situation such as a crisis or illness in the seller’s family. Remember “Hold All Action” means absolutely no action, no showings or offers. An existing listing that cannot be shown beyond the “Hold All Action” period (14 days) cannot be active on the MLS® and a Cancellation of Multiple Listing Contract form should be completed with your client.
What is a Cancel Protected listing?
When a listing is “Cancel Protected,” a Cancellation of Multiple Listing Contract form is submitted. This form has a clause in the middle of the form that protects your commission for either 60 days from the date the form was signed by your client, or the Expiry Date of the listing, whichever comes first. This clause can be amended to terms agreed to between you and your client, even aligning the protection period to the Expiry Date of the original listing agreement. Note: Any changes to this clause must be initialled by your client and Managing Broker.
What to do if you can’t show your listing according to the Rules of Cooperation?
If your client will no longer allow access to the property and will not sign a Cancellation form, your managing broker must advise the Board.
The Board will remove the listing from an Active status by placing it into a “Cancel Protected” status, with a Cancel Protection date to the Expiry of your original listing agreement.