New,Compliance,Rules,Newspaper,Headlines,Revised,Guidelines,Released

EDITORS’ NOTE: THIS NEW DUTY OF COOPERATION POLICY APPLIES TO RESIDENTIAL REAL ESTATE. We understand there may be some exemptions. 

This link was added by ICIWorld on September 12, 2025 https://www.nar.realtor/about-nar/policies/mls-clear-cooperation-policy
Outwardly, the industry appeared to accept the policy — which requires brokers to enter listing information in the MLS within one business day of publicly marketing the property — and its premise: To create a fair and efficient marketplace that “reinforces the pro-competitive, pro-consumer benefits that Realtors have long sought to support.”

The ICIWorld platform of confidential sharing of exclusive opportunities with IDX Links for brokers’ websites, sharing the information, provides more choice for the public and protection for the public because brokers are trained in consumer protection.   This is important because MLS is not doing this. Opportunities that are not signed cannot and should not be put on MLS. But they can use an information listing service, ILS, like ICIWorld.com, which has been doing it successfully since 1994. See testimonials of transactions that all started from networking information before a signed listing. TESTIMONIALS. I was trying to talk to NAR in Washington in 2020 to explain that there is a way to share confidential information, but it was not discussed, and the solution that ICIWorld wanted to present was not considered. I tried to get a hearing by CREA, BUT IT WAS NOT DISCUSSED, CONSIDERED OR PRESENTED TO ALL ATTENDEES AT THE NATIONAL CONVENTION IN OTTAWA. WE HAVE NOT BEEN ABLE TO EVEN PRESENT THIS IN AN OFFICIAL MANNER TO ANYONE IN LEADERSHIP AS A GROUP. We would like to. I believe leadership should be inviting us in to consider this service to be adopted by all REALTORS.  To this day, we believe all brokers should have both MLS and ILS. I am just an individual broker spending more time developing on the engineering side. It will need others to carry the banner and deal with the politics. I would love to have an open forum, but a recorded vote at the end of the discussion. We think it will be 75% in favour of adding an ILS-type service with modifications. At the very least, a task force should be set up and have us in and talk to us. We have 31 years of experience in developing this service. The seeds were planted in my mind at CCIM meetings conducted at the Toronto Real Estate Board (in the 1990s), now TRREB. Ask me for the short story. The real estate profession is quite institutionalized on MLS, with closed minds as the only way to sell real estate. But ILS by ICIWorld is something every broker can add to their business. For reference, see ICIWorld.com www.ILS.realestate . Make an appointment, happy to discuss this anytime.


EDITORS NOTE: THIS RULE DOES NOT APPLY TO COMMERCIAL

Our response follows periodically in the article below.

The following is from:

For more information, please contact: Pierre Leduc, Media RelationsThe Canadian Real Estate AssociationTel.: 613-237-7111 or 613-884-1460E-mail: pleduc@crea.ca

A New ‘Duty of Cooperation’ Added to the REALTOR® Code New policy aims to increase integrity, transparency and comprehensiveness of real estate listings to improve home buying and selling journeys in Canada

https://www.crea.ca/media-hub/news/a-new-duty-of-cooperation-added-to-the-realtor-code/

Ottawa, ON, April 24, 2023 – Having access to the most comprehensive data is a vital part of any real estate transaction, and Canadian home buyers and sellers were given another reason to believe their interests will be better served with the adoption of a new ethical requirement aimed at increasing the efficiency, value, and benefits that MLS® Systems provide.
 
RESPONSE (Gary Nusca, CCIM, CIPS, Realtor, Broker 49 Years): This is at the expense of owners losing their rights. The right to choose to market their listing with a real estate professional without having to put it on MLS. Owners lose their rights.  The owner loses the right to confidentially market the property using a service like ICIWorld that reaches people in 150 countries. Additionally, the real estate professional is being dictated to by others basically with a gun to their head to force it on MLS. Yet there are services out there that provide cooperation. The owners sometimes simply desire confidentiality. ICIWorld provides and worldwide marketing service that provides for worldwide exposure yet provides confidentiality for owners.
 
Over the last few years, the Canadian Real Estate Association (CREA) heard how consumers were becoming increasingly frustrated by the rising misuse of marketing tactics that were keeping listings off MLS® Systems, limiting the exposure of available properties to REALTORS® and their buyer and seller clients.
 
RESPONSE (Gary Nusca, CCIM, CIPS, Realtor, Broker 49 Years): Consumers can now go to ICIWorld and see Exclusive opportunities. Something the board of directors of CREA and NAR have never seen before quite like the sharing of information in the same spirit of the invention of MLS itself.
 
To address this growing concern, delegates at CREA’s Annual General Meeting last week voted in favour of adding a new “Duty of Cooperation” to the REALTOR® Code which is accompanied by a REALTOR® Cooperation Policy. The core element requires that residential listings be placed on an MLS® System within three days of public marketing of a property. Public marketing is any type of marketing of a listing to the public or to anyone not directly affiliated with the brokers and licensees of that brokerage.
 
RESPONSE (Gary Nusca, CCIM, CIPS, Realtor, Broker 49 Years): This is dictatorial. It is preventing Realtor professionals from choosing the method of marketing. It denies the homeowners the right to market their property with a Realtor professional on a confidential basis yet still receive maximum exposure on the Internet such as provided by the ICIWorld.com global real estate networking service.
 
“We engaged in many discussions and consultations with membership to help us land on this REALTOR® Cooperation Policy as a solution to growing concerns amongst consumers in the market, says Jill Oudil, Immediate Past Chair of CREA. “Cooperation is central to what we do as REALTORS® and protecting and enhancing the comprehensiveness of MLS® Systems is in the best interest of the market. The REALTOR® Cooperation Policy ensures REALTORS® have access to the most comprehensive property data for their clients, and at the same time it maximizes selling opportunities for home sellers. This exciting addition to our REALTOR® Code not only benefits REALTORS®, it’s in the best interest of Canadian home buyers and sellers.”
 
RESPONSE (Gary Nusca, CCIM, CIPS, Realtor, Broker 49 Years): We found that there never was a referendum of all members of CREA. Indeed up to the vote in May 2023 I have personally met with hundreds of Realtors and not any were aware of the new rule and the impact. We also held a referendum and found the votes were 75% against the new rule.
 
The revised policy also includes enhanced disclosure and consent requirements between REALTORS® and their seller clients. REALTORS® will have to disclose to the seller the benefits of listing the seller’s property on an MLS® System, including greater exposure of the property to more potential buyers, which may result in more offers and increase the likelihood of receiving the best offer in terms of price or other terms and conditions of sale.
 
RESPONSE (Gary Nusca, CCIM, CIPS, Realtor, Broker 49 Years): We do not have a problem with this requirement. We also have to tell them that every person who wants to go through their home has to be let in. That there is no privacy in that sense. If there are ten people then there would be ten showings. If there are thirty people interested then there could be thirty showings. That everyone will know they have their home for sale. An exclusive advertised confidentially on ICIWorld could achieve a market value price and if not they could wait until it did or put it on MLS if they change their mind.
 
The policy also recognizes there are many different types of buyers and sellers, and that not every seller wants their property to be advertised. Under this new requirement, exclusives are permitted as an option for an exclusive marketing approach for sellers with privacy concerns who do not want broad exposure of their property to the public. Any seller who then declines to use an MLS® System to market their property would have to provide confirmation they understand the disadvantages of not using an MLS® System and confirm in writing their decision not to market the property publicly.
 
RESPONSE (Gary Nusca, CCIM, CIPS, Realtor, Broker 49 Years):  A seller still wants to sell their property for the highest and best price. Realtors are trained on what they can expect. If a buyer pays that then they have achieved their goal. This can be done exclusively, sometimes later but nevertheless can be done, and without it blared out to everyone. ICIWorld provides the exposure in a confidential manner, something MLS is not set up to do.  But members of the ICIWorld Association of Real Estate Brokers and Salespeople are trained to do it properly and in accordance with RECO.
 
The new policy, which will come into effect on January 3, 2024, is focused on the purchase and sale of residential properties, which form the bulk of real estate transactions on MLS® Systems. This timeline will provide real estate boards and associations time to review their current rules and ensure they are compliant with the policy.
 
RESPONSE (Gary Nusca, CCIM, CIPS, Realtor, Broker 49 Years): If all members of CREA were aware of The ICIWorld Association of Real Estate Brokers and Salespeople and the ability to share exclusive type information they would have second thoughts. For this reason, we suggest that both NAR and CREA reconsider the motion and rescind it or at the very least, approve the ability for a Realtor to place the information on ICIWorld where it can be shared with other brokers and salespeople worldwide in the form of an IDX link on every broker’s website.
 
IDX for all brokers worldwide to share exclusive type information. It is more like real estate classified type ads where you can put as much or as little as you wish.  iciworldidx.com
 
I submit this to you.
 
Respectfully
Gary Nusca, CCIM, CIPS, Realtor, 49 Years As a Broker
Manager and Founder
The ICIWorld Association of Real Estate Brokers and Salespeople
Founded 1994.
 
About the Canadian Real Estate Association
 
The Canadian Real Estate Association (CREA) is one of Canada’s largest single-industry associations, representing more than 160,000 REALTORS® working through 75 real estate boards and associations.
 
For more information, please contact:Pierre Leduc, Media RelationsThe Canadian Real Estate AssociationTel.: 613-237-7111 or 613-884-1460E-mail: pleduc@crea.ca
 
REFERENCE:
 
 
 
RESPONSE (Gary Nusca, CCIM, CIPS, Realtor, Broker 49 Years): 
  

We adhere to the guidelines and regulations set forth by organizations such as CREA, NAR, and various government and real estate licensing bodies. The issue we encounter revolves around the interpretation of the term “Exclusives” within the industry. To many residential salespeople, it signifies a listing kept in one’s back pocket or a property not open to cooperation. However, it can also encompass anything not listed on the MLS, which is generally well-understood. If a property isn’t on the MLS, it’s considered exclusive. Moreover, there’s a distinction between signed exclusive listings and networking information that lacks an address or property identification, both of which can be categorized as exclusive. However, CREA’s policy specifically pertains to publicly advertising signed exclusive listings, which must be listed on the MLS.

We align our practices with the guidance provided by the ICIWorld Association of Real Estate Brokers and Salespeople. We concur with RECO’s stance that, when disclosing an address or identifying a property for sale, written consent from the owner is imperative. On ICIWorld, we refrain from disclosing addresses or identifying properties for members who don’t possess a signed listing agreement, even for signed listings. For instance, our communication might read: “Toronto downtown restaurant $750,000, profitable.” We share this information without revealing the address. When someone expresses interest, we explain that we need to establish a listing agreement before disclosing further details. The same principle applies to residential properties. We network them on ICIWorld without divulging the address. The broker may compile a list of 3-4 interested parties and informs them that they’ll be among the first to view the property once a signed listing is in place. Any such listing must be added to the MLS within three days. We advise all our Realtor members to adhere to the guidelines established by CREA and their respective real estate boards.

Regarding property signage, as soon as a sign is placed on a property, it constitutes property identification, necessitating written consent from the owner. Failing to obtain such consent goes against RECO’s requirement for written owner consent.

One important point to note is that this rule primarily arises due to brokers who retain signed listings without sharing them with others. It’s important to emphasize that on ICIWorld, we do not engage in such practices. Instead, broker members actively share their information with the real estate industry, in the spirit of the founding principles of MLS itself. It’s the property owners who value their privacy, which can be compromised by the requirement to list on the MLS. Realtors are professionals who regularly conduct Comparative Market Analyses (CMAs). If a broker can establish a price through a CMA and find a buyer, it raises the question of why the owner should be compelled to endure numerous showings, including nosy neighbors, as seen in Toronto. Some owners simply prefer confidentiality for various legitimate reasons, as articulated by Barry Leboa in an article in REM magazine.

If all real estate boards adopted ICIWorld’s platform and IDX for their members, everyone would have access to information beyond MLS listings. This would provide brokers with more options to offer the public, and because they are all trained in consumer protection, they would ensure public security. Information can be misused, and it’s preferable for individuals to work with licensed brokers and salespeople rather than navigating social media and intermediaries for real estate transactions. Utilizing a Realtor simplifies the process.

In the commercial real estate sector, this approach has been successful for the past two decades. In fact, ICIWorld has facilitated over $1 billion in real estate transactions since 1994, all conducted in a logical, compatible, safe, and professional manner.

Please consider inviting us to contribute to future discussions or to speak at meetings. We are eager to share our expertise and insights.