New seller option form: Understanding waivers of syndication and office exclusives
At WMLAR’s most recent Broker Town Hall, brokers asked for a standardized form to use with clients who want to waive syndication via IDX feeds or request an office exclusive listing. Over the past several months, the West Michigan Regional Forms Committee has carefully developed the language for this new form. It will be available in your preferred DotLoop/ZipLogix form libraries by September 30, 2025, in accordance with NAR’s national deadline.
This post will walk through:
- What has changed
- Why this new form was needed
- How to use the form with your clients
- Click here for updated FAQ’s with this information.
What Changed
Clients have always had a say in how their properties are marketed, but this new form is now the required way to document when sellers choose to limit syndication or public marketing. Specifically, sellers now have three options:
1. Waiver of IDX/Syndication for the life of the listing or 2. Waiver of IDX/Syndication for a specific timeframe
- IDX (Internet Data Exchange) = how listings are displayed on brokerage and agent websites through MLS feeds.
- Syndication = how listings are sent from the MLS to third-party sites.
- May apply for the full term of the listing agreement or a specified timeframe as marked in the amendment.
- Important note: clients cannot choose which specific third-party sites receive or do not receive their listing. It is an “all or none” decision due to technology limitations.
3. Waiver of Public Marketing through Office Exclusive
- Governed by MLS Policy Section 2.3: Exempt Listings and Policy 2.0.3: Office Exclusive Listings (see full language below).
- These allow the listing to be filed with the MLS, meaning the listing agreement and new amendment are required to be emailed to the WMLAR MLS staff, but NOT published in FlexMLS.
- Marketing can still happen, but it is limited strictly to agents within the same office code in FlexMLS. (See below for an example.)
- Once a listing is publicly marketed in any way (yard sign, social media, email franchise-wide, etc.), it must be entered into the MLS within one business day. What does this mean? Sharing listings outside of FlexMLS is not a requirement, but the listing does need to be published in FlexMLS.
WMLAR Rules/Regs/Policy Language:
SECTION 2.3: EXEMPT LISTINGS
If the seller refuses to permit the listing to be disseminated by the service, the Participant may then take the listing (office exclusive) and such listing shall be filed with the service but not disseminated to the Participants. Filing of the listing should be accompanied by certification signed by the seller that he does not desire the listing to be disseminated by the service.POLICY 2.0.3. OFFICE EXCLUSIVE LISTINGS
Listing Agreements will be emailed to the WMLAR office within one (1) business day excluding weekends and holidays. These listings are defined as exclusive-right-to-sell listings that the Seller(s) has designated in writing are NOT to be disseminated through the WMLAR MLS. Office exclusives may only be marketed internally to those agents assigned to that same office.Example: Agent with ABC Brokerage (FlexMLS office code: h12345) has obtained an office exclusive listing. The Agent is able to market the property internally (email, flyer in the building, etc.) to ONLY those agents also assigned to ABC Brokerage with office code h12345 in the FlexMLS system.
Once a listing is marketed in any fashion to the public (i.e., via a sign, ad, social media post, email franchise wide, etc.) it MUST BE ENTERED into the MLS within 1 business day of such public notice.
Why This New Form Was Needed
- Broker request: At Broker Town Hall, attendees asked for a clear, consistent form that could be used across associations to document seller instructions on syndication and office exclusives.
- NAR requirement: NAR’s Clear Cooperation Policy has long required that once a property is publicly marketed, it must be submitted to the MLS within one business day. This form ensures compliance and transparency.
- Seller clarity: The form lays out the definitions of IDX, Syndication, and Office Exclusives, as well as the potential implications of withholding a property from syndication or public marketing.
This ensures that sellers are making informed decisions about how their property is marketed.
Implications of Waiving Marketing
Sellers should understand that limiting exposure of their property may reduce visibility to potential buyers.
Additionally, some third-party platforms are enforcing new policies. For example, according to a USA Today report this summer, one company announced that any property marketed to the public (via signs, websites, or social media) but not entered into the MLS within one business day will no longer appear on their site. Read more here and here.
How This Works in FlexMLS
When entering a listing, the Broker Distribution tab continues to provide options for how a listing is displayed. The new form is simply the required documentation if a seller chooses to opt out.
Broker Distribution Options may include:
- Show Address in VOWs
- Realtor.com
- MichRIC Public Site
- Listhub (which syndicates listings to numerous consumer sites)
(We will provide a detailed definitions guide for each option soon.)
Recap
- Sellers continue to have the final say in how their listings are marketed.
- This new form makes it clear, consistent, and documented whenever a seller wants to limit syndication or request an office exclusive.
- Beginning September 30, 2025, the form will be available in all form libraries and must be used whenever a seller opts out of syndication or public marketing. This form must also be uploaded into FlexMLS.
For questions about the new form, please contact andrea@wmlar.com
