Why stay in Compliance?

In real estate, we have advertising and marketing laws, rules, and guidelines, that you need to be aware of and adhere to. You don’t want to risk receiving any kind of warnings, violations, fines, or even potential license suspensions. While that might sound intimidating, knowledge is power. We also do not want to get any of our QBs in trouble! 

What the Law States

The Bullet Points

  • When advertising property for sale, purchase, lease, exchange, rent or real estate services
  • Brokerage Name and the brokerage phone number. For KW Abq: that is Keller Williams Realty & 505-271-8200. You don’t have to use a logo, but you do need to have that name somewhere. Not KW Real Estate, not KW Albuquerque, etc. 
  • The size needs to be a minimum of 33% of the type size of the associate broker’s name or team name
  • If you own the property, you must disclose on all advertising that you are the owner. Example “Broker/Owner” rider on a for sale sign.
  • This includes all forms of advertising. Print, audio, video, presentations, online and electronic media. 
  • Forms of advertising that are exempt are, thumbnails, text messages, links and tweets of 200 characters or less. However, you do need to have them linked to your information. For instance, your twitter account needs to state the brokerage name and number. 

Compliance Logos

We have logos that have the correct name and phone number attached for you to use to make things easier. You can download them here:

Compliance Logos Albuquerque

Compliance Logos Riverside

Compliance Logos Santa Fe

What is Clear Cooperation?

Clear Cooperation was put in place by NAR in 2020. Basically, you cannot advertise a Coming Soon property to the public more than 1 business day of the listing going live in MLS. Fines range from $50-$400.

You can advertise coming soons on our Slack Channel #hip-pocket-listings. This communication only goes to brokers under Alice Tozer. You cannot advertise to KW brokers under a different QB.


Clear Cooperation FAQ

Why is this a new policy?
NAR has mandated that all MLSs adopt the Clear Cooperation Policy. This policy is intended to reinforce a transparent marketplace to ensure home sellers benefit from the most market exposure and home buyers have access to the most up-to-date property information.

What Property Types does this policy affect?   Residential, Residential Lots, Residential Income less than 4 units. Not applicable  for Commercial, or Rentals.  New Construction developments are optional.    

What if I am listing my own home?
When a SWMLS Subscriber is representing themself on their own home they must also submit the listing to the MLS within 1 business day of marketing the property.

What does 1 “business day” mean? Business days exclude Saturdays, Sundays, and holidays. The NAR MLS Advisory Board specifically revised the policy’s timeframe due to concerns with enforcement to provide greater flexibility for days when submitting the listing to the service could be a challenge. For consistency among all REALTOR® Association MLSs, the approved timeframe is 1 business day.; “holidays” include all recognized federal and state holidays.

Is Coming Soon going away?
No. The Coming Soon status at SWMLS will continue to be available.  On July 17, 2020, SWMLS will no longer permit showings to be conducted on any Coming Soon listing.

Which MLS Statuses can be used to comply with this policy? 
Active and Coming Soon.  Each of these statuses will make the listing available to all SWMLS Participants.  Withdrawn status is used to temporally pause showings.

What is an Office Exclusive?
Office Exclusives are not included in this policy. Office Exclusive listings are an important option for sellers concerned about privacy and wide exposure that their property is for sale. In an Office Exclusive listing, direct promotion of the listing between the brokers and licensees affiliated with the listing brokerage, and one-to-one promotion between these licensees and their clients and customers, is not considered public advertising.  If Office Exclusive listings are displayed, advertised, or promoted to the general public or brokers outside the listing brokerage, those listings must also be submitted to the MLS for cooperation.      If your brokerage is part of a franchise or has multiple offices in the SWMLS market area there could be restrictions on which offices an Office Exclusive can be shared with.   For clarification about Office Exclusive as it applies to your own brokerage please contact the SWMLS Manager at 

What does marketed to the public mean?
A  home promoted or displayed to the public could be in the form of a For Sale Sign/Coming Soon sign in front of the home, promoting the property on social media, including it on a flyer, or even mentioning it to someone you know that is not the homeowner. Basically, any type of communication that does not provide access to all potential buyers.

What if I promote the property at a private networking group? 
Networks that include brokers at different offices is considered a form of public advertising. Listings shared in multi-brokerage networks by participants must be submitted to the MLS for cooperation by using Active, Coming Soon, or Withdrawn Status.

Can a Seller opt out the policy requirements?   Yes. The seller still has the ability to exclude their property from the MLS; however, no marketing of the property can be done, and a seller instruction form must be signed. If any marketing does take place, then the property must be submitted in the MLS within (1) one business day.

Courtesy of GAAR ( 


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