Clarification Residential Realtor Compliance Rule Regarding Exclusives

MLS® Rules & Regulations Section




Public Marketing means the representation or marketing of a listing to the public or anyone not directly affiliated with the listing brokerage/office in a business capacity. For clarity, Public Marketing does not include one-to-one direct communication with a REALTOR® unaffiliated with the listing brokerage/office. Public Marketing includes any representation regarding the sale of a property, including but not limited to flyers, yard signs, digital marketing on public-facing websites, brokerage website displays (including IDX and VOW) and onsite brokerage promotion, digital communications marketing (i.e., email blasts, newsletters, social media posts), multi-brokerage listing sharing networks, and applications available to the general public.

Section 10 – Advertising

10.05 Within three (3) days of any Public Marketing of a property, members are required to list that property on an MLS® System, unless it falls under one of the following exempt categories as per CREA’s Cooperation Policy:

a.      Commercial property listings (i.e., business properties, agricultural properties);

b.      New construction listings in developments with multiple properties or units (i.e., residential development projects, condo development projects); and

c.      Rental property listings.


Eric Meek, CRAE   
MLS® System Specialist

REALTORS® Association of Hamilton-Burlington
505 York Blvd. Hamilton, ON. L8R 3K4
tel: 905.529.8101 x241

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You will note the Public Marketing means the representation or marketing of a listing to the public. 

The key word is listing. To put a listing on a real estate board you must have a signed listing by the owner. In other words, if you get a signed exclusive residential listing and you want to advertise it publicly, you must put in on MLS within three days. This is a departure from the past where you could have a signed exclusive residential listing and advertise it to the public.