This article and video will clarify.

All listings taken by Canopy MLS Member Participants and Subscribers are subject to the Canopy MLS Rules and Regulations, and listings are mandatory for submission when:

• The listing is subject to either an Exclusive Right to Sell or an Exclusive Agency listing agreement.
• The listing is located within the Canopy MLS Service Area.
• The property type is either Residential, Multi-Unit (four units or less), or Land (Lots/Acres/Farms).  Canopy MLS also accepts listings of other property types, such as commercial listings for sale or lease and residential rental listings, but those are not mandatory for submission. 
• New construction becomes mandatory for submission when the certificate of occupancy is issued (if it is not already under contract).

What is the Canopy MLS Service Area? 

• The Canopy MLS Bylaws define the Canopy MLS Service Area as, “Any area or portion of an area in which a Member Participant or Subscriber may be able to effectively deliver service to a potential client or customer.” 
• In other words, if you are a member of Canopy MLS, any property you have listed in North Carolina (N.C.) or South Carolina (S.C.) should be submitted to Canopy MLS.

Listing submission grace period is 1 (one) business day

• The Listing Brokerage must input each listing required to be submitted to the MLS after obtaining the Seller’s signature on the listing agreement and within one (1) business day of the “Effective Date” (or, if applicable, the “Marketing Date” as it is known in N.C.) or the beginning date of the term of the listing (for S.C.). 
• MLS rules prohibit the property from being previewed or shown by the Seller or any real estate agent, including the Firm’s agents, before the Marketing Date or the beginning of the term of the listing.

Clear Cooperation Policy

The Clear Cooperation Policy was adopted by the National Association of Realtors® Board of Directors in November 2019, with a May 1, 2020, deadline for all MLSs to implement the policy.  The Clear Cooperation Policy also determines when a listing is required to be submitted to the MLS. 

The Clear Cooperation Policy states:  Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. Public marketing includes, but is not limited to, the following: flyers displayed in windows, yard signs, digital marketing on public-facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.

Firm Exclusive Listings

The Clear Cooperation Policy does not prohibit Firm Exclusive listings, which are also known as exempt listings, office exclusive, brokerage exclusive, and the list goes on.  Canopy MLS uses the term Firm Exclusive.

• If a Seller refuses to permit their listing to be disseminated by Canopy MLS, the Listing Brokerage may then take the listing as Firm Exclusive.
• Such sellers must sign the Canopy MLS Firm Exclusive Agreement, indicating that the seller, the listing brokerage, or any other entity cannot publicly market the listing in any way.
• Firm Exclusive listings must be registered with Canopy MLS within two (2) business days from the “Effective Date” of the listing agreement.
• Firm Exclusive listings are not disseminated to other MLS Participants.

What is public marketing?

How is “public marketing” defined? Can I advertise that I have a listing coming up in a specific neighborhood, as long as I don’t provide a specific address?

• There is no requirement that an address has to be shared for a social media post (or in some other format) to be classified as public marketing.
• Excluding the address from marketing does not exempt the listing agent from complying with the Clear Cooperation Policy.
• Posting, “I’ve got a listing coming up in Harper Valley,” is public marketing, and the listing would be required to be submitted to the MLS within one business day.
• Likewise, posting just the photos with no identifiable address is public marketing, and the listing would be required to be submitted to the MLS within one business day.
• Public marketing includes posting a Firm Exclusive listing on social media, even in a private group.
• Creating a property-specific webpage that is accessible to the general public is public marketing. 

N.C. and S.C. Exclusive Right To Sell Listing Agreements

After the Clear Cooperation Policy was implemented, the listing agreements in both North Carolina and South Carolina were updated.

• Both agreements establish in all cases when marketing will begin, which may be the Effective Date (the date the agreement is signed by both parties) or a later date – the Marketing Date (N.C.) or the beginning of the term of the listing (S.C.).
• A seller and the listing brokerage are then required to select either “Public Marketing” or “Office Exclusive.” Only one option may be selected.
• If Office/Brokerage Exclusive is selected, and public marketing will take place at a later date, it will be necessary to amend the listing agreement.

Why is it so important to complete the marketing paragraph of the listing agreement the way it is designed to be used?

• Selecting only one option, either Public Marketing or Office/Brokerage Exclusive, makes it clear to the seller whether the listing will be fully marketed or receive limited exposure.  It is in the best interest of most sellers to get the highest possible price on the best possible terms for their property. Maximizing exposure of their property advances that interest.  Accepting an offer on the property before it is fully exposed to the widest group of potential buyers may deny the seller the best opportunity to attract offers at the highest price and best terms. 
• In addition, the Canopy MLS Firm Exclusive Agreement must also be signed by the Seller, and the Canopy MLS Firm Exclusive Agreement must be registered with Canopy MLS. 
• Remember, a listing that is mandatory for submission can only be left out of the MLS when there is a registered Canopy MLS Firm Exclusive Agreement.

Registering Firm Exclusives with Canopy MLS

• The seller must complete the Canopy MLS Firm Exclusive Agreement.
• Register the Canopy MLS Firm Exclusive Agreement with Canopy MLS within two (2) business days from the “Effective Date” of the listing agreement.
• Use the online Firm Exclusive Registration [requires login]. Located in Matrix under “Resources.” After clicking on that, go to “Canopy MLS Forms” and then select "Listing Maintenance Forms." Next, click “Firm Exclusive Registration” from the forms list.
• Only Canopy MLS staff, the listing agent, the Member Participant of the listing office, and, if applicable, his or her admin employee registering the listing can see the Firm Exclusive that was registered.

On September 8, 2025, Canopy MLS implemented immediate updates to the Clear Cooperation Policy and the Firm Exclusive Agreement.

Clear Cooperation Policy (CCP) Update: 

• Canopy MLS adopted the interpretation that private one-to-one, agent-to-agent communications about listings do not trigger CCP. [See Note 2 to the Canopy MLS Rules and Regulations, Section 1.1.2]

For example, the listing agent may now communicate privately, one-to-one, directly with another agent in a different firm about a listing without triggering CCP. However, multi-brokerage communications about a listing will constitute public marketing under CCP. 

Firm Exclusive Agreement Update: 

• The Firm Exclusive Agreement was updated to allow agents and brokers within the listing brokerage’s firm to share listings directly with their clients and customers through one-to-one relationship communications.  [See Firm Exclusive Agreement (Revised 8/28/2025)]
  
  This change is tied to the new interpretation and reflects changes made to our own MLS form that agents use to register a Firm Exclusive listing with the MLS. This is not a change to the listing agreements agents currently use.  We had already allowed communication about Firm Exclusive listings to be shared with clients; we clarified that this also includes customers.

Listen to Charisma Southerland, 2025 Canopy MLS President, as she highlights these updates––designed to give you greater flexibility in serving your clients––and review narrated slides that explain the changes in more detail. 

If you have questions about when entering a listing is required, contact Canopy MLS Compliance, [email protected], 704-940-3159, Opt. 4