Summary

There is only one change in NAR MLS policy adopted in 2022 that created a new recommended MLS Policy Statement explained below and found in the 2023 Handbook on Multiple Listing Policy. This new Policy Statement becomes effective January 1, 2023. 

For comprehensive background information and additional details about the Multiple Listing Issues and Policy Committee agendas and minutes throughout this past year go to nar.realtor/natmeet.nsf.

There is no need to self-certify local MLS rules in 2023 because there are no mandatory changes.

All MLS policies and model MLS rules are identified as one of the following four compliance classifications as noted by the letters: 

M Mandatory*
R Recommended
O Optional
I Informational

*Adoption is necessary to ensure compliance with mandatory policies and ensure coverage under the NAR’s insurance policy for associations and MLSs. Unless indicated otherwise, local adoption is required by March 1, 2023.

Changes to Model MLS Rules and Regulations

New MLS Policy Statement 8.10, MLS Statewide Data Sharing Defined

An MLS “statewide data share” is defined as follows:

A statewide data share should deliver MLS data through a common technology interface (e.g., API) of all data fields, including offers of compensation, to all Participants of MLSs in the statewide data share. However, the data should not include MLS-only data fields that are viewable only to the listing Participant and the respective local MLS.

Note: Considerations should be given to:

  • Inclusion of local data fields (non-RESO Standard fields).
  • Any different compensation models such as a percentage of the net vs. gross sales price, tiered commission arrangements, and other models that are used by Participants in MLSs.
  • Individual MLS’s “attached document” retention policies and state laws regarding the sharing and retention of documents related to a previous transaction (privacy laws). R

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