Delay of Submission: Understanding Its Purpose
The Delay of Submission Addendum has become an increasingly popular tool for sellers who need additional time before their property is entered into the MLS. When used correctly, it’s a great option for allowing a home to be prepared for the market.
However, WMLAR has also noticed some common misunderstandings about what the addendum actually permits.
It Doesn’t Change the Listing Agreement
When a seller signs a Listing Agreement, they are hiring a brokerage to market their property and seek a ready, willing, and able buyer in exchange for compensation.
The Listing Agreement establishes that relationship—it does not dictate every detail of how the property will be marketed.
The Delay of Submission Addendum temporarily pauses that marketing process. It gives the seller and brokerage time to prepare the property before it is exposed to the marketplace.
As the addendum states, its purpose is to allow the seller “to prepare the Property for showings and to create any necessary marketing materials.”
Examples might include:
•Completing repair
•Deep cleaning
•Staging the home
•Professional photography
•Preparing brochures and other marketing materials
What Happens During the Delay?
The addendum is very clear:
“Prior to the Submission Date, the Property will not be marketed in any other forum and showings will not be permitted.”
That means the property is not available to prospective buyers during this period.
No public marketing should occur, including:
•Yard signs
•Social media posts
•Email campaigns
•Flyers or mailers
•Brokerage websites
•Any other advertising available to the general public
Likewise, buyers should not be touring the property through in-person or virtual showings. The Submission Date entered on the addendum is also the date that should become the List Date in the MLS. These dates should match. If a property is to go ‘live’ early, an addendum should be signed by the seller(s) and uploaded into the MLS giving that authorization.
Why These Restrictions Exist
Years ago, some listings were marketed privately for extended periods before ever reaching the MLS. These “pocket listings” limited exposure to the broader marketplace and often meant that only a small group of buyers ever had the opportunity to see the property. To promote cooperation among brokerages and maximize exposure for sellers, the National Association of REALTORS® created and mandated all local Association MLSs to adopt the Clear Cooperation Policy.
Under MLS Rule 2.0.1, once a property is publicly marketed, it must be submitted to the MLS within one (1) business day so other MLS Participants can cooperate in the sale.
The Delay of Submission Addendum is not an exception to that policy. Instead, it exists for a different purpose—to delay MLS submission while the property is being prepared, not while it is being privately marketed.
Putting the Seller First
Could a seller receive and accept an offer before the property is ever submitted to the MLS? Yes. That can happen, particularly if an unsolicited offer is presented. However, REALTORS® should always ask themselves an important question:
Is my marketing strategy giving my seller the greatest opportunity to attract the highest number of qualified buyers?
One of the greatest strengths of the MLS is the cooperative marketplace it creates. Once a listing is entered into the MLS, thousands of real estate professionals—and their buyers—have the opportunity to see the property and compete for it.
Limiting exposure to only a small network of buyers may not always produce the strongest outcome for the seller. Every situation is unique, but the seller deserves to understand how marketing decisions can impact the level of competition for their property.
Questions? We’re Here to Help.
MLS rules can sometimes seem nuanced, especially when multiple forms work together. If you have questions about the Delay of Submission Addendum, Coming Soon status, or any other MLS rule or policy, contact Andrea at Andrea@WMLAR.com or 616-846-6240 ext. 105.
We’d much rather answer a question before a listing is entered than help resolve an avoidable MLS violation afterward.
