“Unlisted Buyer Agent Sales” data entry, Rules for “Withheld Listings”

By Debbie Wey
Vice President, CarolinaMLS Administration

Brokers can report a closed sale for property not listed in Matrix (i.e., for sale by owner listings and closings of withheld listings) if the buyer was subject to an Exclusive Buyer Agency Agreement or Exclusive Right to Buy Transaction Brokerage Agreement (South Carolina only).  The new “Unlisted Buyer Agent Sale” option is available in Add/Edit for single family, condo/townhouse, lots/acres/farms, multifamily and commercial.

“Unlisted Buyer Agent Sales” must follow the same rules that apply for data entry:

  1. Provide at least one photo.
  2. Provide complete data in all required fields (use the appropriate property data form, and the “Unlisted Buyer Agent Sale” supplement).
  3. The buyer representation agreement, purchase agreement and settlement statement must be maintained in the company files and can be requested by the CarolinaMLS staff to verify the information entered into the MLS system.

Unlisted Buyer Agent Sales must be input within five business days after closing.

“Withheld Listings” (i.e. pocket listings) cannot be input once under contract

Listings that are withheld from the MLS system by the listing brokerage (i.e. pocket listings) are prohibited from being input after the listing is under contract.  Closings of withheld listings can be input by the buyer representative as described above.

New Construction, Withdrawn and Expired listings

Listing brokers should continue to report new construction as a pending sale (Under Contract-Show or Under Contract-No Show status), and a valid street address must be reported to the MLS as soon as possible and no later than the close of the sale.  Listing brokers can also report “Withdrawn” or “Expired” listings as “Under Contract” if the sale occurs as a result of the property having been listed in the MLS, and the listing brokerage represents the seller in the transaction.  When pending sales are reported the data must be input within 48 hours (excluding holidays and weekends) after the “Effective Date” as defined in the purchase agreement, or as otherwise determined under applicable state law.

Here is the rule:

Section 3.6:  Data entered for “comparable purposes”: Sales input for comparable purposes must provide at least one photo, must provide complete data in all required fields, and the “Listing Agent” and “Selling Agent” fields must accurately reflect the transaction side represented by the member.  A copy of the listing agreement or buyer representation agreement, purchase agreement and settlement statement must be maintained in the company files and can be requested by the CarolinaMLS staff to verify the information entered into the MLS system. 

The following types of pending sales can be reported to the MLS (Under Contract-Show or Under Contract-No Show status) by the Listing Brokerage, but are not required.  When pending sales are reported the data must be input within 48 hours (excluding holidays and weekends) after the “Effective Date” as defined in the purchase agreement, or as otherwise determined under applicable state law.

  • New construction listed as a multiple unit property as defined in Section 1.18. A valid street address must be reported to the MLS as soon as possible and no later than the close of the sale.
  • “Withdrawn” or “Expired” listings if the sale occurs as a result of the property having been listed in the MLS, and the listing brokerage represents the seller in the transaction.

Withheld listings as defined in Section 1.2 #3 cannot be entered into the MLS system by the Listing Brokerage once the listing is under contract.

Unlisted Buyer Agent Sales:  Buyer representatives can report closings of unlisted property (i.e., for sale by owner listings) and closings of withheld listings as defined in Section 1.2#3 within 5 business days after the closing if the sale and buyer were subject to an Exclusive Buyer Agency Agreement or Exclusive Right to Buy Transaction Brokerage Agreement (South Carolina only). (New Section Approved 03-15)

7 thoughts on ““Unlisted Buyer Agent Sales” data entry, Rules for “Withheld Listings”

  1. I thought I needed the sellers permission to post… it was been two weeks can I get permission
    to enter into CMLS closing was 2/10

  2. Wondering what amount of fine, if any, would be imposed if inputing a sale from another MLS, where i represented
    the buyer (EBAA), later than the five days allowed after the closing date.

  3. Enjoyed this information . Thank you for making my real estate professional much more enjoyable and possible.

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