SmartMLS Rules and Regulations
Section 4.4 Exempted Listings:
If the Seller(s)/lessor(s) refuse, on their own initiative, to allow a Listed Property which is a Mandatory Listing pursuant to Section 6.11 of the SmartMLS Rules, to be filed and marketed through the Service, the Seller(s)/lessor(s) must execute a Withhold Listing from MLS Form with respect to the Listed Property.
The Listing Broker must deliver the executed Withhold Listing from MLS Form to the Service before the Deadline for Filing with respect to the Listing. If the executed Withhold Listing from MLS Form is properly filed, the Participant with which the Listing Broker is affiliated may accept the Listing as an “office exclusive” and the Listing shall not be included in any Service Compilation.
If the Seller(s)/lessor(s) has elected to withhold a Listing from the Service, the Listed Property cannot be placed on the Service for a period of thirty (30) days following the date of the Listing Agreement. The Seller(s)/lessor(s) expressly waive his/her/their right to utilize the Service to market the Listed Property until the expiration of the thirty (30) day exclusion period.
If a Withheld Listing is filed with the Service after expiration of the exclusion period, market time for the Listed Property will be calculated from the date of the Listing Agreement, not the date on which the Withheld Listing is filed with the Service.