On March 25, 2025, in conjunction with its Clear Cooperation Policy, the National Association of REALTORS® (NAR) announced a new MLS policy titled “Multiple Listing Options for Sellers.”  The new policy provides sellers the option to market their home as a “delayed marketing exempt listing” defined as delaying the public marketing of their listing through IDX and syndication for a period of time determined by each local MLS.  The policy also retains the option for sellers to avoid disseminating their listing through the MLS and not be publicly marketed (Office Exclusive).  In either circumstance, the seller must sign a certification that: 1) acknowledges they are waiving or delaying the benefits of an MLS, such as broad and immediate exposure of their listing; and 2) confirms their decision.  The policy must be implemented by September 30, 2025.

Please note: MLSs have sole control over the forms available in their libraries.  Some MLSs may choose not to offer the Arizona REALTORS® form(s) discussed in this article.

I. OWNER’S DELAYED OR LIMITED MARKETING ELECTION ADDENDUM

To help members comply with the new policy, the Arizona REALTORS® has created a new form titled “Owner’s Delayed or Limited Marketing Election Addendum”[1]  The new form is an addendum to the Arizona REALTORS® listing contracts and may be utilized to document a seller’s decision to delay or limit the marketing of their home. 

Lines 1-4 of the new Owner’s Delayed of Limited Marketing Election Addendum identify the listing contract, parties, and property that the Addendum affects.

Lines 5-6 provide Instructions that the form is only to be used when an Owner DECLINES to immediately market the Premises broadly to the general public.

Lines 7-10 provide the Owner’s acknowledgement and understanding that choosing to delay or limit the immediate marketing of the Premises broadly to the general public may have adverse consequences.

Lines 11-12 notify the Owner that they can change their mind and choose to broadly market the Premises to the general public at any time via written notice to their Listing Broker.

Lines 13-22 provide the Owner’s election of how they want their property marketed.  The Owner can choose to delay the marketing of the Premises by utilizing a click box on line 17 or they can choose to limit the marketing of the property by utilizing a click box on line 21.

Lines 23-26 provide additional blank lines to write in additional terms and conditions, if applicable.

Line 27 reiterates that the Owner has chosen their election above and acknowledges a copy of the form was provided to them.

II. LISTING CONTRACTS (ER and EA)

The Multiple Listing Service (MLS) Section of the Arizona REALTORS® Listing Contracts, both the ER and EA, has been completely revised.  Previously, this Section documented the Owner’s authorization to provide the home’s information to any MLS of which the Listing Broker is a participant and disseminate such information to MLS participants and the general public through Internet Data Exchanges (IDX) and Virtual Office Websites (VOWs).

Since an Owner can choose to delay or limit the marketing of their home, this Section’s authorization to broadly disseminate the listing to IDX and VOWs was removed and replaced with generic information about MLSs and how broad exposure of the home’s marketing can be made.  An authorization for the Listing Broker to provide the home’s information to any MLS of which the Listing Broker is a participant remains, but this section does not identify whether, or how, that information will be broadcast.

In addition to the aforementioned change, a new Owner Choice on Marketing Section has been added to all Arizona REALTORS® Listing Contracts.  This new Section provides a click box for an Owner to choose whether or not they authorize the Listing Broker to immediately market the home broadly to the general public.  If the Owner chooses against broad and immediate marketing of the home, the Section instructs the parties to complete the Arizona REALTORS® new Owner’s Delayed or Limited Marketing Election Addendum or similar authorization.

A redline version of the revised Residential Listing Contract Exclusive Right to Sell/Rent (ER) can be found here.  Please note that to ensure consistency, substantively identical revisions were made to the Residential Listing Contract Exclusive Agency, Vacant Land/Lot Listing Contract Exclusive Right to Sell/Rent and Vacant Land/Lot Listing Contract Exclusive Agency forms.

III. FREQUENTLY ASKED QUESTIONS

Q1.      Why do the revised Listing Contracts now refer to “MLS Brokers’ platforms” instead of VOWs?

A1.      The workgroup felt the change helped clarify that brokers may market the Premises through not only websites, but also through social media and other platforms.

Q2.      Why do the revised Listing Contracts still authorize the Listing Broker to provide the Premises’ information to an MLS if the Owner chooses not to market the Premises to the general public (an Office Exclusive)?

A2.      NAR’s new policy still requires an Office Exclusive listing to be filed with the MLS; it is just not disseminated to other MLS participants or the general public.

Q3.      Why would an Owner decide against immediate marketing of their Premises to the general public?

A3.      Owners have freedom to market their property as they see fit.  NAR’s new policy is meant to provide sellers and their agents with more options and choices when marketing the property.

Q4.      Most Owners choose to immediately market their property broadly to the general public.  Why do the revised Listing Contracts include a click box option to opt out?

A4.      The workgroup felt it was important to document the Owner’s decision in a manner consistent with the rest of the Listing Contract.  Most Owners choose to place a “for sale” sign in their yard and include photos in their listing, yet the Listing Contracts still provide the Owner a choice in a click box manner.  Furthermore, the click box election will notify a Designated Broker that another authorization form exists if the Owner chooses not to immediately market the property broadly to the general public.

Q5.      Why do the revised Listing Contracts specifically reference by name the Arizona REALTORS® Owner’s Delayed or Limited Marketing Election Addendum (Addendum)?

A5.      The workgroup wanted to inform Arizona REALTORS® members that the new Addendum exists and should be completed if the Owner chooses against the immediate marketing of their property broadly to the general public.  The revised Listing Contracts also state that the Listing Broker and Owner may complete a “similar authorization” in such circumstances.  No REALTOR® is required to use Arizona REALTORS® forms, and some brokerages and MLSs have drafted their own seller certification as required by NAR’s new policy.

Q6.      Why didn’t the workgroup include a seller certification in the revised Listing Contracts, instead of creating a new form?

A6.      The workgroup wanted to ensure that the Owner made an informed decision.  Some consumers fail to carefully read all pages of their contracts, so the workgroup decided a separate one-page, easy to understand Addendum would best clarify the Owner’s options and help them make an educated decision. 

Q7.      Why does the Addendum identify the Premises/Property Address on line 4?

A7.      The workgroup wanted the Addendum to be used with not only residential listing contracts that identify the “Premises,” but also with vacant land listing contracts that identify a “Property.” 

Q8.      Why does the Addendum include instructions?

A8.      The workgroup wanted to notify both REALTORS® and consumers that the form was only to be used when the Owner DECLINES to immediately market the Premises broadly to the general public.

Q9.      Why does the Addendum include warnings on lines 8-10?

A9.      The Owner’s acknowledgement that there may be negative consequences of their decision is necessary to ensure informed consent.

Q10.    How can an Owner provide their Listing Broker with written notice of their decision to broadly market the Premises to the general public as referenced on lines 11 and 19?

A10.    The Owner can provide written notice in any manner acceptable to the Listing Broker.  Some brokers will want a written notice signed by the Owner.  Other brokers may accept emails, texts, or other instructions made in any written format.

Q11.    What is Delayed Marketing as referenced on lines 17-19?  Is this “Coming Soon” status?

A11.    Delayed Marketing is where an Owner chooses to delay marketing of their property listing through IDX feeds and syndication.  Some MLSs already allow this option, labeling the election as “Coming Soon.”  REALTORS® are encouraged to contact the MLSs they participate in to determine if the MLS includes a Delayed Marketing option, what they name it, and if the MLS policy will change in response to NAR’s new policy.

Q12.    What is the “maximum period of time allowed by MLS policy” as referenced on line 19?

A12.    Each MLS has decided for itself what time period, if any, is allowed to Delay Marketing.  REALTORS® are encouraged to contact the MLSs they participate in to ask this question.

Q13.    I thought I could market my Office Exclusive listing to my clients and other individual brokers.  Why does line 22 of the Addendum state I “WILL NOT” market the Premises to the general public?  

A13.    Yes, you can market your Office Exclusive listing to your clients and other individual brokers. A broker’s clients and other brokers are not the general public.  For more information on the new NAR policy, please visit Multiple Listing Options for Sellers.

Aaron M. Green, Esq., a licensed Arizona attorney, is the General Counsel for the Arizona Association of REALTORS®.  This article is of a general nature and reflects only the opinion of the author at the time it was drafted.  It is not intended as definitive legal advice, and you should not act upon it without seeking independent legal counsel.

Prior Form Revisions

The Arizona REALTORS® strives to keep all its forms up to date as laws change or industry practice evolves.  Once released, the forms library contained on all of the Arizona REALTORS® forms licensing platforms are updated. 

Form updates are made to minimize your risks and ensure legal compliance. Don’t take a chance with outdated forms.  Prior Arizona REALTORS® form revisions (2014 – 2025) can be found at:  https://www.aaronline.com/2019/05/20/form-revision-updates/

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[1] Thank you to the 2025 ER workgroup for their efforts to create and revise forms.  The workgroup was chaired by Mike Porter.  Other workgroup members were John Barile, Laurie Beischel, David Dynes, Christie Ellis, Kim Everett, Serena Jones, Paul Kriewall, Mimi Lundy, and Suzanne Rothman.

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