Compliance | Rules and Regulations

Listing Exclusion

Listing Exclusion – Online Submission

SDMLS Section 7.6 Exempted/Excluded Listings.

If the seller refuses to permit the listing to be disseminated by the service on any exclusive right to sell or seller reserved listing agreement for the sale of one-to-four-unit residential property and vacant lots located within the service area of the MLS, the listing broker shall submit to the service within 48 hours after all necessary signatures of the seller(s) have been obtained on the listing agreement or at the beginning date of the listing as specified in the contract, whichever is later, a certification signed by the seller stating that the seller instructs listing broker to do no public marketing or advertising (as public marketing or advertising is defined in Section 7.5), that the only scope of permissible promotion of the property will occur internally within the brokerage and consist of direct one-on-one communication between the listing broker and licensees affiliated with the listing brokerage and their respective clients (i.e. “office exclusive”) and that seller refuses to authorize the listing to be disseminated by the service. C.A.R. Standard Form MLSA may be used for this certification, but in any event, said certification shall include the aforementioned required statements as well as an advisory to seller that, in keeping the listing off the MLS, (1) real estate agents and brokers from other real estate offices, and their buyer clients, who have access to the MLS may not be aware seller’s property is for sale, (2) seller’s property will not be included in the MLS’s download to various real estate Internet sites that are used by the public to search for property listings, (3) real estate agents, brokers and members of the public may be unaware of the terms and conditions under which seller is marketing the property, and (4) any reduction in the exposure of the property may lower the number of offers made and negatively impact the sales price. In the event listing broker commences any public marketing or advertising on an exempted listing, submission to the MLS for dissemination is required within (1) one business day thereafter in accordance with Section 7.5.

Clear Cooperation Policy

• San Diego MLS Clear Cooperation Policy Violation

• Clear Cooperation FAQ – PDF

7.5 Mandatory Submission.

Within 1 business day of marketing or advertising a property to the public or within 2 days after all necessary signatures of the seller(s) have been obtained on the listing or at the beginning date
of the listing as specified in the contract, whichever is later, on any exclusive right to sell or seller reserved listing agreement for the sale of one to four unit residential property and vacant lots located within the service area of the MLS, Broker Participants must input the listing to the service for cooperation with other Participants. Public marketing or advertising includes, but is not limited to, conveying or displaying any information about the property or its availability for sale through or on any: windows, signs, public facing websites, social media, brokerage or franchise operated websites (including IDX and VOW), digital communications marketing (ex: email, text or phone blasts, social media messaging), multi-brokerage or franchise listing sharing networks, flyers or written material or on any applications available to the public or through conducting an open house. The public would include anyone outside the broker(s) and agent(s) licensed within a single listing brokerage and their clients, as further described in Section 7.6) Only those listings that are within the service area of the MLS must be input. Open listings, rental listings or listings of property located outside the MLS's service area (see Section 7.7) are not required by the service but may be input at the Broker Participant’s option. Broker participants shall electronically input or deliver listing input forms, of exclusive right to sell or seller reserved listings on one-to-four-unit residential property and vacant lots located within the service area of San Diego MLS, within forty-eight (48) hours after all necessary signatures of seller(s) have been obtained on the listing. Only those listings of property that are within the service area of San Diego MLS of which the association is a part must be submitted. Open listings or listings of property located outside the San Diego MLS service area (see § 7.7) will be accepted if submitted voluntarily by a broker participant but are not required by the service.

Coming Soon

• Coming Soon Status – PDF
  Coming Soon Status - a valid listing agreement exists, and no offer has been accepted. Property is NOT available for showing, open house or onsite events to anyone by anyone for up to a maximum period of 21 days. The listing broker certifies there will be no property showings to anyone by anyone. ***MLS status must be changed or transferred to Active status before allowing first/any showing and is not returnable to Coming Soon status.

Variance Request

• Appendix C Variance Request– PDF

• Appendix C-1 Variance Request Supplement– PDF

RESIDENTIAL STYLE DEFINITIONS​​​​​​​

• Detached - Neither the residence nor any attached garage shares any wall with another property. This category also includes zero lot-line properties. The residence and/or attached garage is separate, disconnected and shares no common façade, roof or exterior wall.

• Twinhome - One of only two units attached by a single wall, façade, ceiling, roof or garage.

• Townhome - One of 3 or more units attached horizontally; each unit is typically 2 or more stories, but can be single story; no unit located above or below the subject unit; can be attached on one or two sides, but not on three sides; typically would have a front entrance and access to a yard or patio at the rear or side of the unit.

• Row Home - One of three or more units that are attached by a façade, roof or walkway.

• All Other Attached - An attached unit that does not fit the definition of Twinhome, Townhome or Row Home. Is typically part of a larger building with units above, below or on three sides. This style is meant to convey the characteristics of the building not just the unit listed. The “Unit Location” field gives additional info about the specific unit. For example, if the subject property is a penthouse or end unit attached at only one wall but part of a large multi-story building, it should be placed in the All Other Attached category.

• Manufactured Home - Includes all homes which were constructed in substantial or in part at a location other than the final property address. This category is independent of whether “real estate is included”, the property is on a foundation, HCD documents have been filed, the form of ownership, or the property is on the tax rolls.

• Modular Home - Modular homes are built in sections at a factory. Modular homes are built to conform to all state, local or regional building codes at their destinations. Sections are transported to the building site on truck beds, then joined together on site. Local building inspectors check to make sure a modular home's structure meets requirements and that all finish work is done properly.