SMLS Policy
This webpage is designed to help members understand policy and in no way replaces nor supercedes what is written in the official policy document "SMLS Rules and Regulations" found in MLS Documents and the SAR Member Center (a.k.a. Info Hub).
Section 1.0 outlines which listings are required to be submitted to SMLS, which listings are allowed but optional, and which listings are prohibited.
There are three things to consider when determining if your listing is required, optional, or prohibited:
- The type of property for sale
- The type of listing agreement signed
- The location of the property
Required Listings
- Single-family homes, land, and multifamily properties with 4 or fewer units,
- Listed for sale or exchange under an exclusive right to sell or exclusive agency agreement, and
- Located in Brown, Nemaha, Jackson, Jefferson, Shawnee, Osage, Lyon or Greenwood Counties.
Optional Listings
- Commercial listings, including multifamily properties with more than 4 units, are optional.
- Optional listings must be listed under an exclusive right to sell or exclusive agency agreement. Exclusive rental or lease listings are accepted, not required.
- Listings located in the state of Kansas but outside of the required counties are optional, regardless of property type.
Prohibited Listings
- N/A (All property types are accepted.)
- Net and Open listings are prohibited.
- Property located outside of Kansas is prohibited.
Visit https://www.nar.realtor/about-nar/policies/mls-clear-cooperation-policy for full guidance on this NAR-mandated policy.
This policy is designed to protect consumers and maintain the integrity of the MLS. The MLS is more than a database; it's a broker cooperative. Participants agree to cooperate with other participants when they join. Withholding a required listing from the MLS for any reason other than the seller's need for privacy violates the terms of MLS participation.
"A Property Data Form, when filed with the Multiple Listing Service by the listing broker, shall be complete in every detail which is ascertainable as specified on the property data form."
A "property data form" means the MLS input fields. Listing agents are encouraged to complete all fields, not only required fields.
In rare circumstances, the information needed to complete a required field is not "ascertainable" due to safety or other concerns. Please enter estimated values when possible, and add a note to agent remarks so others understand the situation.
PROHIBITED in Public Remarks:
- Agent or Brokerage information
- Contact information of any kind for any person (phone numbers, email addresses, etc.)
- Web addresses / URLs (Put the virtual tour link in the virtual tour field.)
PROHIBITED in ALL Remarks:
- Commissions / offers of compensation
- Property access codes (Lockbox codes, gate codes, garage codes, etc.)
"The Directions Field must contain directions that any reasonable, prudent person can use to locate the property. For land listings with no address (e.g., 0000 X RD) include in the directions the address of the nearest property. Consult map, see agent, company identity, web sites and other information, are not permitted."
"Use GPS" is insufficient. Please write some directions for folks who do not use GPS, and please remember to add an address that people can put in their GPS when a land listing doesn't have a real address.
"All photos must be a fair, true, and accurate representation of the current condition of the property for sale and must comply with local, state, and federal laws..."
- Photos must be free of office, agent, and personal promotion information. (Watch for yard signs!)
- You may use virtual staging software to modify personal property in listing photos if you add a disclosure to public remarks. You may not modify real property, including the yard or any structure. You may not use virtual staging to hide defects.
- You must own or have a license to use any photo uploaded to the MLS.
- For all classes except land, only one photo is required: A photo of the front of the structure.
- The one required photo must be added within three days after the listing is first published.
View and Download the chart above at https://sunflowerassociationofrealtors.growthzoneapp.com/ap/CloudFile/Download/raBW90vp
Sunflower MLS offers several listing options. Sellers may select any option that meets their needs, provided they give informed consent. The disclosure requirements outlined in this policy serve to document that consent.
"Any change in listed price or other change in the original listing agreement shall be made only when authorized in writing by the Seller/Landlord and shall be filed with the SMLS immediately but within no later than (3) three calendar days after the authorized change is received by the listing broker. The listing office must maintain the proper paperwork and present it to the SMLS staff if requested."
THREE CALENDAR DAYS to update your listing is a generous amount of time.
This section allows a listing to be withdrawn prior to the expiration date with proper documentation and PROHIBITS agents from withdrawing and immediately republishing a listing.
The last sentence of this section states that "Any listing that has been withdrawn for any reason must maintain its original MLS number when the property returns to active status unless the listing has been off the market for more than 30 days or is listed with a different agent or brokerage."
The practice of withdrawing to immediately relist is typically an unnecessary attempt to deceive buyers about how long a property has been on the market. There is no fine you can pay to bypass this rule.
DOM does not accrue when a listing is Pending/Under Contract*.
A price change will trigger notifications to buyers.
*Under Contract Right of Refusal and Under Contract Taking Backups are active statuses. DOM accrues in all active statuses.
"All properties which are to be sold or which may be sold separately must be listed on individual Property Data Forms. When part of the listed property has been sold, proper notification should be given to the SMLS."
Specifically, this policy prohibits combining multiple properties under a single MLS number, such as entering three homes selling as a package under one MLS number. Similarly, participants may not enter a single listing representing multiple available inventory units—for instance, noting that 20 identical condos are available—and keeping that single entry active until all 20 sell. The MLS functions as a broker cooperative and database of record rather than a general advertising platform. To maintain accurate historical data, each distinct property requires its own individual entry.
Unless otherwise specified in the listing, showings and negotiations should be conducted through the listing agent or listing broker. If a listing agent is not responding to your requests for showings or negotiation, contact the listing broker.
If you obtain access to a listed property, you are permitted access only for official business and must secure the property before you leave. If for any reason you cannot secure the property, contact the listing agent or listing broker immediately.
UNDER NO CIRCUMSTANCES MAY YOU GIVE PROPERTY ACCESS TO UNACCOMPANIED BUYERS, even if it's your own, vacant listing, for the safety of all members and the public.
Status changes, including final closing of sale/lease(s), must be filed with the SMLS by the listing broker within three (3) calendar days. 1st day of the three (3) calendar day requirement is the day after the closing.
If your listing closes on Friday, you must update the MLS status to Sold before 11:59pm on Monday.
*If the paperwork was signed on Friday, but the transaction funds on Monday, then it closed on Monday. It's not closed if the buyers haven't paid for it.
If you help a client purchase a property that was not listed in the Sunflower MLS, then you are allowed (not required) to enter the sale if you do the following:
- You may not publish the listing until after closing. (You can start a draft/partial in advance.)
- You must publish the listing within three calendar days following closing.
- You must complete all applicable fields and follow all listing policies, including the photo policy.
There are fees involved for reporting sales more than three days after closing. Sales may not be reported more than thirty days after closing. Contact the office if you have any questions or need help with a required field.
If your listing is in the "Under Contract Right of Refusal" status, then it has some contingency in place (such as financing or home sale) that allows the seller to cancel the contingent offer in favor of a new offer. The listing agent must keep the status of that contingency updated in the MLS.
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Fulfilled: The buyer has satisfied the contingency, removing the right of refusal. (E.g., the buyers sold their current home). Change the status to Under Contract. (You do not need to change the Contract Date.)
-
Renewed: The buyer and seller agreed to extend the deadline for the contingency. The property's status has not changed, so no change needed in the MLS.
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Cancelled: The purchase agreement fell through because a contingency was not met or resolved, bringing the property back on the market. Change the status to Active.
If it's your listing, you can share your listing information with whomever you need to. You must have the listing broker's permission to share their listing information with anyone other than potential buyers using a format appropriate for public view.
The MLS rules prohibit selling agents (or any other agent) from adding their sign to the yard without the listing broker's permission.
ALL OTHER QUESTIONS ABOUT YARD SIGNS AND ADVERTISING SHOULD BE DIRECTED TO KREC. There are no other MLS rules about yard signs other than what is summarized above.
"MLS participants and subscribers must not represent that their brokerage services to a client or customer are free or available at no cost to their clients, unless the participant or subscriber will receive no financial compensation from any source for those services."
This policy is a result of the 2024 Sitzer/Burnett v. NAR Settlement regarding buyer agent compensation. Agents are allowed to advertise, for example, "Call me for a Free CMA" if they are not going to be paid by anyone for creating the CMA. Agents do not represent buyers for free even when the buyer-agent compensation is on the seller's side of the settlement statement.
No compensation information of any kind is permitted in the MLS, and agents are prohibited from filtering out listings shared with consumers on the basis of compensation. Practically, this means you must negotiate compensation outside of the MLS and cannot tie a search to a contact in Paragon if the search criteria include the listing agent or listing office fields.
Agents who enter commissions or other broker compensation information on the MLS will be immediately fined $1000 as this is a violation of the terms of the Sitzer/Burnett v. NAR settlement.
Listing brokers must disclose to prospective sellers that broker compensation is not set by law and is fully negotiable. This must be included as part of any listing agreement and pre-closing disclosure documents (if any).
MLS participants working with a buyer must make the same disclosure and enter into a written agreement with a buyer prior to touring a home. The written agreement must include the disclosure that compensation is negotiable and not set by law, plus specific information about the amount the broker will be compensated for their services. The amount of compensation may be zero, a flat fee, a percentage or other calculation, but cannot be vague or open-ended. The agreement must include terms that prohibit the buyer broker from receiving compensation above what is negotiated with the buyer, regardless of the source of the compensation. Visit facts.realtor for more information.
Section 5.1 Participant as Principal - If a Participant or any licensee (or licensed or certified appraiser) affiliated with a Participant has any ownership interest in property, the listing of which is to be disseminated through SMLS, that person shall disclose that interest when the listing is filed with the SMLS and such nformation shall be disseminated to all Participants.
This means that if ANY broker, agent, or appraiser at the listing brokerage office has ownership interest in the property for sale, then that interest must be disclosed to other MLS USERS.
This is MLS policy, not KREC policy. MLS policy requires disclosure to Participants, not the public. Talk to your broker about ways to satisfy KREC policies about ownership disclosures. That happens off of the MLS. Do not put agent or brokerage names in public remarks!
Sections 7 & 7.1 outline the disipline NAR allows to be imposed by MLSs.
Section 7.2 says everyone must follow the rules, and any sanctions incurred by Subscribers (agents) are ultimately the responsiblity of the Participant (broker).
Section 9 says that the MLS must accept anonymous reports of violations upon request. NOTE: SMLS maintains complainant anonymity by default.
Section 9.1 outlines the administrative sanction and appeals processes. An "administrative sanction" is a fine issued by MLS staff. Staff issue sanctions as directed in the "Chart of Administrative Sanctions" that was created by the board of directors and can be found in MLS Documents.