Pre-Marketing Without Violating Clear Cooperation: The How to Agent’s Playbook

Last Updated on November 20, 2025 by Elizabeth Nolan

You’ve just secured a listing. Your seller wants maximum exposure, but they also want to “test the waters” and avoid unnecessary days on market. Meanwhile, you know that the moment you put up a sign or post to social media, the Clear Cooperation clock starts ticking. You have exactly one business day to get that listing into the MLS.

So how do you build anticipation, gauge buyer interest, and position a property for success—all while staying compliant with MLS rules?

The answer lies in understanding the distinction between what Clear Cooperation requires versus what it prohibits. And that difference is bigger than most agents realize.

This nuts and bolts guide will show you what you can do to pre-market listings effectively without triggering violations, from leveraging your sphere of influence to using Coming Soon status strategically. Whether you’re new to these strategies or looking to refine your approach, you’ll walk away with a compliant pre-marketing playbook that serves your sellers and protects your license.

**⚠️ Important:** MLS rules vary significantly by market, and violations can result in fines of $100-$500+ per incident. Always verify your local MLS requirements and consult with your broker’s compliance officer before implementing any listing strategy. [Full disclaimer at bottom of article]

Understanding the Pre-Marketing Window

First, let’s get clear on terminology. “Pre-marketing” refers to any activity you do before a listing goes Active in the MLS. This can happen in two scenarios:

Before the listing is entered into the MLS at all
This is the narrowest window—typically just hours or one business day, depending on when you start marketing activities. The moment you engage in public marketing, Clear Cooperation’s one-business-day requirement kicks in.

While the listing is in Coming Soon status in the MLS
This is where most smart pre-marketing happens. The property IS in the MLS (satisfying Clear Cooperation requirements), but it’s not yet available for showings and no offers can be presented.

Understanding these two windows is critical because the rules—and your options—differ significantly.

What You CAN Do Without MLS Entry

Here’s the truth that surprises many agents: You have more pre-marketing options than you might think, as long as you understand where the boundaries are.

Internal Brokerage Marketing (Office Exclusives)

This is your biggest compliant opportunity before MLS entry. NAR’s Clear Cooperation Policy explicitly allows “office exclusives”—listings marketed only within your brokerage.

What’s allowed:

• Sharing listing details in internal agent meetings
• Posting to your brokerage’s internal platform or intranet
• Discussing the property one-on-one with agents in your office
• Email blasts to agents within your brokerage
• Physical flyers distributed internally within your firm

The critical rule: The information must stay within your brokerage walls. The moment you share it with an agent from another firm or post it to any public platform, you’ve triggered public marketing.

One-on-One Communication with Your Existing Clients

You can reach out individually to buyers you’re already working with or past clients who have signed buyer agency agreements with you within the past year.

This isn’t considered public marketing because you’re communicating privately with specific individuals who are already your clients. Think of it as professional matchmaking rather than advertising.

Best practices:

• Document that these are existing client relationships
• Use individual texts, calls, or emails (not group blasts)
• Keep the communication personal and targeted
• Ensure you have an active agency agreement on file

Database Preview Emails (With Caution)

Marketing to your sphere of influence is the lifeblood of most successful real estate careers. But when it comes to pre-marketing specific properties, you need to tread carefully.

Lower risk approach:
“I’m taking on a new listing in [neighborhood] soon. If you know anyone looking in that area, let’s talk.”

This keeps things vague enough that you’re not publicly marketing a specific property.

Higher risk approach:
Sending detailed listing information to your entire database of 500+ contacts could be construed as public marketing, especially if it includes addresses, photos, or pricing.

The safest approach? Get the listing into Coming Soon status first, then market aggressively from there.

The Coming Soon Strategy: Your Pre-Marketing Powerhouse

Coming Soon status is the single most powerful compliant pre-marketing tool in your arsenal. When you enter a listing as Coming Soon in your MLS, you satisfy Clear Cooperation requirements while gaining enormous marketing flexibility.

How Coming Soon Status Works

When a property is in Coming Soon status:

✅ It IS visible to:

• All MLS participants and subscribers
• Other agents who can match it to their buyers
• Public portals like Realtor.com and Zillow (marked as “Coming Soon”)
• Broker/Agent IDX feeds on real estate websites
• Your direct marketing to past clients
• Your sphere of influence communications

Important note: Coming Soon listings typically DO appear on major real estate websites like Zillow, Realtor.com, and through IDX feeds. They’re clearly labeled as “Coming Soon” so buyers know they’re not yet available for showings. This is actually a benefit—you get public exposure while controlling the showing timeline.

The Key Rules (Vary by MLS)

While specifics differ by market, most MLSs have similar Coming Soon parameters. Here’s what you need to know:

Duration:

• Typically 14-21 days maximum before going Active
• Example: SmartMLS requires the Go Live date (Expected Active Date) to be within 14 days of entry
• Once set, the Go Live date usually cannot be shortened (but may be extended in some markets)

Required Documentation:

• Valid, fully executed listing agreement
• Coming Soon addendum signed by seller (required by most MLSs)
• Must be uploaded to MLS before any public marketing begins

Showings:

• Most MLSs prohibit showings during Coming Soon status
• Property must be available for same-day showings once it goes Active
• No offers can be presented during Coming Soon period

Public Marketing:

• Yard signs ARE allowed (but only after listing is entered in MLS)
• Social media, email campaigns, and advertising are permitted
• Open houses typically NOT allowed during Coming Soon period

Days on Market:

• CRITICAL: In many MLSs (including SmartMLS), DOM counter DOES start accruing from the Go Live date
• This is different from what many agents believe
• Some markets don’t count Coming Soon toward DOM, but always verify your specific MLS rules

Syndication:

• Coming Soon listings typically feed to Realtor.com and appear on major portals like Zillow
• They’re clearly labeled as “Coming Soon” so buyers know showings aren’t available yet
• Listings DO appear on broker/agent IDX websites

Always check your specific MLS rules, as requirements vary significantly by market. What’s allowed in one MLS may be prohibited in another.

Why Coming Soon Is So Effective

1. Build anticipation and demand before showings begin, creating competition from day one
2. Buyers Ready Willing and Able will get their offers and financing in order
3. Test your pricing through agent and public feedback before officially opening for showings
4. Coordinate a strong debut with pent-up demand when showings start
5. Address concerns early if feedback suggests pricing or presentation issues need adjustment
6. Create FOMO (fear of missing out) as buyers see the property online but can’t tour it yet

Important consideration about Days on Market: Many MLSs (like SmartMLS) DO count Coming Soon time toward your total DOM. However, this is often a net positive because:

• You’re actively marketing and building demand (not just sitting)
• The Coming Soon label signals “hot new listing” rather than “been sitting”
• You can transition to Active with multiple showings already scheduled. Pro Tip: Use Showingtime or similar MLS integrated scheduling platform. The Coming Soon period is already blocked out in coordination with the listing.
• Buyers understand Coming Soon means the property is genuinely new to market

The key is to use the Coming Soon period strategically, not just as a delay tactic. Actively market, gather feedback, and build your buyer list so you’re ready for a strong Active debut.

The Photography Timing Challenge (And How to Solve It)

Here’s a practical dilemma every agent faces: You need professional photos before marketing the property, but photographers cost money ($200-500+), so you need a signed listing agreement first. But once you have that signed agreement, you only have just one business day to enter it in the MLS.

The timing squeeze:

• Day 1: Get listing agreement signed
• Day 2: Schedule photographer (they’re often booked 2-3 days out)
• Day 3-4: Photos taken and edited
• But you needed it in MLS within 1 business day of ANY public marketing!

Solution 1: The Delayed Listing Strategy (RECOMMENDED)

Many MLSs (including my own SmartMLS) offer a Delayed Listing scenario specifically designed for this situation:

How it works:

1. Get listing agreement signed
2. Immediately enter the listing in your MLS as a Draft
3. Save it with Delayed Listing status (the Go Live Date is fluid and can be adjusted)
4. Important: No one can see the listing, and NO marketing is allowed during the Delayed period
5. Schedule and complete professional photography (take 2-5 days as needed)
6. Upload photos and all required documentation
7. When ready, convert to Coming Soon status and BEGIN public marketing
8. Later convert from Coming Soon to Active. (usually automatic on date specified at the outset)

Required Documentation (SmartMLS example):

• Listing Agreement (must be uploaded within 48 hours of activation)
• Delayed Listing Addendum (required if your listing agreement doesn’t have a delayed date field)
• Coming Soon Addendum (required before you can save as Coming Soon)

Key advantages:

• You’re compliant from day one (listing is in the system)
• Go Live Date can be adjusted as needed
• No public marketing during Delayed period means no 24-hour pressure
• Time to get professional photos done right
• Can still market internally within your brokerage

Timeline Example:

• Day 1 (July 1): Sign listing agreement, enter as Draft with Delayed status
• Days 2-3: Professional photography and editing
• Day 4 (July 14): Upload photos, convert to Coming Soon, BEGIN public marketing
• Day 14 (July 23): Convert to Active with showings available

Important: Check if your MLS offers Delayed Listing status. Many do, though they may call it “Draft,” “Delayed,” or “Incomplete.” The key is that the listing is entered but not publicly visible or marketable until you’re ready.

Solution 2: Pre-Listing Photography Agreement

Some agents handle this by:

1. Before the listing appointment, get seller to agree to professional photography
2. Schedule photographer for day of or day after listing appointment
3. Take photos with signed agreement in hand (or signed that same day)
4. Enter listing immediately with “Coming Soon” date 3-7 days out
5. Use that Coming Soon window to finalize edits and prepare marketing

This works if you can coordinate fast turnaround from your photographer.

Solution 3: Smartphone Photos as Placeholder

For agents who absolutely must market immediately:

1. Take high-quality smartphone photos initially
2. Enter listing as Coming Soon with basic photos. Remember these will be seen on the websites feeding out (IDX) from the MLS
3. Schedule professional photographer
4. Update listing with professional photos within 2-3 days
5. Transition to Active with polished presentation

Not ideal, but sometimes necessary in competitive situations.

The Recommended Approach

Best practice sequence:

1. ✅ Listing appointment → Get agreement signed
2. ✅ Immediately enter in MLS as Delayed status (before any signs, social posts, or public marketing)
3. ✅ Schedule professional photography
4. ✅ Complete photo shoot and editing
5. ✅ Upload all photos and finalize listing details
6. ✅ Convert to Coming Soon status
7. ✅ NOW install yard sign and begin public marketing
8. ✅ 7-14 days later, transition to Active

This sequence gives you:

• MLS compliance (listing entered before any public marketing)
• Professional photos (worth the investment)
• Time to prepare marketing materials properly
• Strategic Coming Soon launch

The key insight: Don’t put up that sign or post on social media until your photos are done and your listing is properly entered in the MLS. 

Your Step-by-Step Pre-Marketing Strategy

Here’s how to execute a compliant, effective pre-marketing campaign from listing appointment to Active status:

Phase 1: Pre-Photography Period (Days 1-3) – Delayed Status

Immediately after signing:

• Enter the listing in your MLS as a Draft with Delayed status (if your MLS offers this)
• Upload required documentation (listing agreement, Delayed Addendum if needed)
• This protects you from the 24-hour window while photos are being completed

⚠️ CRITICAL DURING DELAYED PERIOD:

• NO public marketing is allowed – no signs, social media, email blasts, nothing
• The listing is not on the market yet
• Nobody can see it in the MLS
• You’re protecting your timeline, not marketing yet

What you CAN do during Delayed:

• Share information internally within your brokerage only (verbal or internal systems)
• Present at office meetings (within your firm only)
• Contact top producers in your office (not other brokerages)
• Schedule professional photographer (typically 2-3 days out)
• Prepare marketing materials for later use

Days 2-3:

• Professional photos taken and edited
• Upload photos to MLS
• Finalize all listing details
• Upload Coming Soon Addendum (required before you can convert to Coming Soon)
• Prepare Coming Soon marketing materials (ready to deploy)

When photos are ready and all documentation is uploaded:

• Convert listing from Delayed to Coming Soon status
• NOW you can begin public marketing

Phase 2: Coming Soon Launch (Days 4-14)

Enter the property as Coming Soon in your MLS.

Now your marketing restrictions lift significantly. You can:

✅ Install yard signs (include “Coming Soon” or “Opening Soon” language)

✅ Launch social media campaigns:

• Instagram stories with property teasers
• Facebook posts building anticipation
• LinkedIn updates for professional audience
• TikTok tours (if that’s your platform)

✅ Send comprehensive email campaigns:

• Blast to your entire sphere of influence
• Segment by buyer type or location preference
• Include detailed property information, photos, pricing

✅ Create content marketing:

• Blog posts about the property or neighborhood
• Video walkthroughs
• Virtual tours
• Email newsletters featuring the listing

✅ Direct outreach to agents with matching buyers:

• Check your MLS for agents who have saved searches matching your property
• Personal calls or texts to agents you know with qualified buyers
• Targeted email to buyer agents in your market

Phase 3: Active Transition (Day 15+)

Move the property to Active status.

Now you have:

• Full MLS syndication to all public portals
• Ability to show the property to all interested buyers
• Maximum exposure across all channels

But you also have:

• DOM counter running (in most markets)
• Full public scrutiny of pricing and condition
• Competition from other active listings

The goal: By this point, you should have significant buyer interest, feedback on pricing, and ideally multiple showings scheduled for the first Active day.

Maximizing Your Sphere of Influence (SOI)

Your sphere of influence represents 82% of real estate transactions—repeat clients, referrals, friends, family, and personal contacts. This is your pre-marketing goldmine.

Building Your Pre-Marketing Database

Hot Prospects (Call or text individually)

• Active buyers you’re currently working with
• Past clients likely to move in next 12 months
• Referral sources who regularly send business

Warm Connections (Email campaigns)

• Past clients (closed over a year ago)
• Personal friends and family
• Professional connections and colleagues
• Past open house attendees

Cold Database (Newsletter, general updates)

• Old leads who never transacted
• General sphere members
• Community connections

Pre-Marketing Communication Scripts

Personal outreach

Text/Call: “Hi [Name]! I wanted to give you a heads up that I’m listing a beautiful [property type] in [neighborhood] next week. It matches what you described looking for. Want to preview it before it hits the market? I can arrange a private showing.”

Email campaign

Subject: Exclusive Preview: [Neighborhood] Home Coming Soon

Body: “Hi [Name], I’m excited to share that I’m bringing a stunning [property type] to market in [neighborhood]. Before it goes fully active, I wanted to give my past clients and close contacts first look. [Key features]. Coming Soon status starts [date]. Let me know if you’d like details or know anyone who might be interested.”

Newsletter mention

“This month I’m bringing several new properties to market in [areas]. If you or anyone you know is considering a move, I’d love to help. [General market update continues…]”

The Power of “Know Anyone?” Marketing

Rather than directly marketing to your entire database before MLS entry (which risks Clear Cooperation issues), use the “know anyone?” approach:

“I’m preparing to list a home in [neighborhood]. If you know anyone looking in that area, I’d love to connect them before it hits the broader market.”

This shifts you from broadcaster to connector. You’re not publicly advertising—you’re networking.

Advanced Pre-Marketing Tactics

The Broker Preview Event (After Going Active)

Host a preview open house for agents on or immediately after your Active date. Since showings typically aren’t allowed during Coming Soon in most markets, the broker preview becomes your grand opening strategy.

Best practices:

• Schedule for first day of Active status or day before (Tuesday-Thursday, 10am-12pm works well)
• Invite agents during Coming Soon period, but clarify the event date is when showings begin
• Provide property details
• Offer light refreshments (agents are more likely to stay and talk)
• Have feedback forms to gauge interest and pricing thoughts
• Follow up personally with agents who attended
• Follow up with your seller on turnout and feedback

Pro tip: During Coming Soon, you can say “Broker preview scheduled for [Active date]” to build anticipation among agents. The details can be scheduled in the MLS when the listing goes on.

The Neighborhood Teaser Campaign

Use your Coming Soon property to generate seller leads in the same neighborhood:

Social media post example:
“🏡 Just listed this beautiful home in [Neighborhood] as Coming Soon! Prices in this area have increased [X]% this year. If you’ve been considering selling, now is a great time. DM me for a free home valuation.”

You’re promoting your listing while also positioning yourself as the neighborhood expert.

Video Marketing During Coming Soon

Create a series of videos before going Active:

• Exterior footage, neighborhood highlights, “Coming Soon” announcement
• Full walkthrough with detailed room descriptions
• “Going Active soon!” reminder with showing schedule

Each video builds anticipation and can be shared across all platforms once you’re in Coming Soon status.

Strategic Paid Advertising

Once in Coming Soon, you can run targeted Facebook and Instagram ads (wait until you have professional pictures):

Targeting parameters:

• Geographic radius around the property (3-5 miles)
• Demographics matching your ideal buyer
• Homeownership status (renters, existing homeowners considering upgrading)
• Income levels appropriate for the price point

Ad copy angle:
“Opening Soon: [Neighborhood] [Property Type]. See photos and details now on Realtor.com. Available for showings starting [date].”

Critical Coming Soon Compliance Issues

Based on MLS enforcement data, these are the most common violations that result in fines:

❌ Showing the property during Coming Soon period Most MLSs strictly prohibit any showings before the Go Live date. Even “private previews” for your VIP buyers typically violate the rules.

❌ Accepting or presenting offers during Coming Soon The property cannot legally be under contract during Coming Soon status in most markets.

❌ Installing signage before MLS entry If you put up a sign before entering the listing as Coming Soon in the MLS, you must remove or cover it immediately.

❌ Canceling Coming Soon and relisting as Active early This is specifically prohibited and results in automatic fines in many MLSs. If you need to go Active sooner, you may be able to change the Expected Active Date (if your MLS allows extensions).

❌ Using Coming Soon on recently expired/canceled listings Many MLSs prohibit using Coming Soon status on a property that was canceled or expired within the past 90 days by the same firm.

The penalties are real: Fines typically range from $250-$500+ per violation, and repeat offenses can result in MLS suspension.

Pro tip: Set a calendar reminder for midnight on your Expected Active Date. Don’t be logged into the listing in “Edit” mode, as this can prevent the automatic conversion to Active status.

What to Avoid: The Compliance Landmines

Even well-intentioned agents can inadvertently violate Clear Cooperation. Here are the most common mistakes:

❌ The “Soft Launch” Social Media Post

The violation:
Posting “Just took a new listing! Details coming soon 😊” with a photo of the exterior before entering it in the MLS.

Why it’s risky:
Even without full details, you’ve publicly marketed the property’s availability. That starts your one-business-day clock.

The fix:
Wait until the property is in Coming Soon status, then post away.

❌ The Email Blast to Everyone You’ve Ever Met

The violation:
Sending detailed listing information (address, photos, price) to your database of 1,000+ contacts before MLS entry.

Why it’s risky:
This constitutes public marketing under most MLS interpretations—you’re broadcasting to a large group beyond your immediate brokerage or existing clients.

The fix:
Either limit your pre-MLS communication to current clients only, or wait for Coming Soon status to blast your database.

❌ The “Private” Facebook Group Share

The violation:
Posting your listing in a “private” Facebook group for local real estate agents before MLS entry.

Why it’s risky:
Multi-brokerage networks constitute public marketing under Clear Cooperation, even if the group is “private” or invitation-only.

The fix:
Keep it truly internal to your brokerage, or use Coming Soon status to share in agent groups.

❌ The “Strategic” Weekend Timing

The violation:
Putting up a yard sign Friday afternoon, planning to enter the listing in Coming Soon “first thing Monday morning.”

Why it’s risky:
Remember, you have one business day—weekends and federal holidays don’t count. But you’re still publicly marketing without MLS cooperation.

The fix:
Either wait until Monday to install the sign, or enter the listing before you leave Friday.

Managing Seller Expectations

Your sellers may not understand the nuances of Coming Soon status. Here’s how to frame the conversation:

The Value Proposition

“I’m going to use a strategic three-phase launch that research shows results in selling faster for more money. Here’s how it works:

Internal preview to our brokerage’s agents who may have buyers (1 day)

Coming Soon marketing where we build anticipation across all channels—including Realtor.com, Zillow, and social media. Your home will be visible online but won’t be available for showings yet. This creates demand and lets us gauge buyer interest (7-14 days)

Active listing with coordinated showings starting day one, maximum exposure, and ideally multiple interested buyers ready to tour

This approach positions your home for multiple offers while giving us strategic control over the launch timing.”

Addressing the Days on Market Question

“In our MLS, Days on Market starts counting from the day we enter the listing as Coming Soon, not when it goes Active. However, this is actually a benefit because:

• We’re actively marketing and building demand during that time
• The ‘Coming Soon’ label signals that your home is brand new to market
• Buyers can see your property online and get excited about it
• When we open for showings, we’ll have interested buyers ready to schedule immediately
• Properties marketed this way typically sell faster and for more money than those that go straight to Active

The key is using those Coming Soon days strategically, not just letting the listing sit.”

Addressing Public Visibility

“During the Coming Soon period, your home will appear on major real estate websites like Zillow and Realtor.com, clearly marked as ‘Coming Soon.’ This is actually advantageous because:

• Buyers searching online will see your property
• The Coming Soon label creates urgency and anticipation
• Agents can show it to their clients online and plan showings for the first available day
• You get exposure without the chaos of uncoordinated showing requests

Think of it like a movie trailer—we’re building anticipation for the grand opening.”

The Office Exclusive Option

For sellers who truly want privacy:

“If you prefer to keep this completely private initially, we can market it as an office exclusive—only to agents within our brokerage. However, you should know that limits your buyer pool significantly. Most sellers see better results with the Coming Soon approach, which exposes the property to all agents and allows truly serious, ready, willing and able buyers to prepare offers and financing before your house is even shown. We have seen that using the Coming Soon approach with a well priced property results in faster sales for more money.

Related article: Understanding Clear Cooperation: The Guide to Listing Options and Compliance

Your Pre-Marketing Checklist

Before Listing Agreement is Signed:

• [ ] Discuss pre-marketing strategy and timeline with seller
• [ ] Explain Coming Soon benefits and MLS rules
• [ ] Get seller authorization for Coming Soon status
• [ ] Determine optimal Coming Soon duration (7-21 days typical)
• [ ] Schedule professional photography

Immediately After Signing (Delayed Listing Period):

• [ ] Enter listing in MLS as Draft with Delayed status (if your MLS offers this)
• [ ] Upload Listing Agreement (required within 48 hours of activation)
• [ ] Upload Delayed Listing Addendum (if delayed date not on listing agreement)
• [ ] Set Go Live Date
• [ ] Schedule professional photographer (book 2-3 days out)
• [ ] Share internally within your brokerage ONLY (no public marketing yet)
• [ ] Present at office meeting (internal only)
• [ ] Begin preparing marketing materials for later use

After Photography is Complete:

• [ ] Upload professional photos to MLS
• [ ] Finalize all listing details and description
• [ ] Upload Coming Soon Addendum (required before converting to Coming Soon)
• [ ] Upload exterior photo (required before publishing Coming Soon)
• [ ] Prepare all marketing materials (ready to deploy immediately)

When Converting from Delayed to Coming Soon:

• [ ] Ensure listing agreement is fully executed and uploaded
• [ ] Have seller sign Coming Soon Addendum (required by most MLSs)
• [ ] Upload Coming Soon Addendum as separate private document
• [ ] Upload exterior photo (required before publishing)
• [ ] Enter listing in MLS with Coming Soon status
• [ ] Set Expected Active Date (Go Live date) within your MLS’s timeframe (typically 14-21 days)
• [ ] Double-check that listing status is “Published” not “Draft”
• [ ] Configure Showingtime for appointments
• [ ] Install yard signage (only after MLS entry is complete)
• [ ] Launch social media campaigns
• [ ] Send email blast to sphere of influence
• [ ] Create video content
• [ ] Begin targeted digital advertising
• [ ] Reach out to agents with matching buyer searches
• [ ] Set calendar reminder for midnight before Go Live date

As Active Date Approaches:

• [ ] Review all agent feedback on pricing/condition
• [ ] Adjust strategy based on interest level
• [ ] Confirm showing schedule for first Active day
• [ ] Send “Going Active!” reminders to interested parties
• [ ] Prepare for first showing surge

The ROI of Strategic Pre-Marketing

Let’s put this in perspective with a real example using SmartMLS’s Delayed → Coming Soon → Active progression:

Traditional approach:
List property as Active immediately with smartphone photos → Rush to get professional photos → Generate showing requests → Schedule individually over 2 weeks → Receive scattered offers → Accept best offer after 18 days on market

Result: Sold at asking price, 18 DOM, unprofessional initial presentation

Strategic pre-marketing approach (using Delayed Listing):

• Day 1 (July 1): Sign agreement, enter as Draft with Delayed status, upload documentation
• Days 2-3 (July 2-3): Professional photos taken and edited, no marketing yet
• Day 4 (July 14): Upload photos, upload Coming Soon Addendum, convert to Coming Soon, BEGIN public marketing
• Days 4-13 (July 14-22): Aggressive Coming Soon marketing builds demand across all channels
• Day 14 (July 23): Convert to Active with 12 showings scheduled for first 3 days
• Day 17 (July 26): Multiple offers received, accept best offer

Result: Sold at 4% over asking, 13 total DOM (9 Coming Soon + 4 Active), professional presentation from first public exposure

The difference for a $500,000 listing:

• $20,000 higher sale price (4% premium)
• 5 days faster to accepted offer
• Professional photos from day one of public marketing vs. amateur start
• Zero compliance violations (proper Delayed → Coming Soon → Active progression)
• Lower carrying costs for seller
• Coordinated showing experience vs. chaotic trickle
• Happier client who felt strategic control
• Better testimonial and referral potential

Key insight: The Delayed listing strategy gives you time for professional photography without any public marketing pressure. During the Delayed period, the listing is in the MLS (you’re compliant) but not publicly visible. When you convert to Coming Soon, you’re launching with a polished, professional presentation that commands premium pricing. The Coming Soon label signals “hot new listing” rather than “been sitting,” even though you’re accumulating DOM.

Staying Current with Policy Changes

As we discussed in our comprehensive guide to Clear Cooperation, the policy landscape is evolving. With Compass challenging enforcement and NAR considering modifications, here’s how to stay compliant:

Monitor These Sources:

• Your local MLS compliance bulletins
• NAR’s MLS policy updates
• State and local REALTOR® association communications
• Industry publications (Inman, HousingWire, RISMedia)

Attend Training:

• Your MLS’s compliance webinars
• Local association workshops on listing practices
• Brokerage-specific training on policy changes

When in Doubt, Ask:

• Your broker’s compliance officer
• Your MLS’s hotline or support team
• Your association’s legal resources

The worst decision you can make is to “wing it” based on what you think the rules mean.

The Bottom Line: Work Smart, Stay Compliant

Pre-marketing is not about finding loopholes—it’s about using the tools available within the rules to serve your clients better. Coming Soon status, sphere of influence marketing, and internal brokerage exposure are all legitimate, powerful strategies that can help your listings perform better.

The key is understanding where the boundaries are and staying well within them. When you master compliant pre-marketing:

Your sellers benefit from:

• Strategic pricing based on early feedback
• Coordinated marketing launches that build competition
• Reduced risk of prolonged days on market
• Higher sale prices through better positioning

You benefit from:

• Zero compliance violations or fines
• Stronger client relationships through transparent processes
• Better results that generate referrals
• Professional reputation as a strategic, knowledgeable agent

Your market benefits from:

• Fair access to listings for all agents and buyers
• Transparent, cooperative real estate practices
• Professional standards that serve consumers

In an industry where 82% of transactions come from referrals and repeat business, your reputation is everything. Smart pre-marketing that serves clients while respecting the cooperative nature of real estate isn’t just ethical—it’s good business.

Start with one listing. Implement the Coming Soon strategy. Track your results. Refine your approach. Before long, you’ll wonder how you ever launched listings any other way.

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Important Disclaimer

This article is provided for educational and informational purposes only and does not constitute legal, professional, or compliance advice. Real estate rules, regulations, and MLS policies vary significantly by location and change frequently. MLS violations can result in substantial fines (typically $250-$500+ per violation), suspension of MLS privileges, or other penalties.

Before implementing any pre-marketing strategy:

• Verify your local MLS rules. The information in this article reflects general practices and specific examples from certain MLSs, but your market’s rules may differ significantly.
  
• Consult your broker’s compliance officer. Your brokerage may have additional policies or interpretations beyond MLS requirements.
  
• Review your MLS’s current policies. Rules change regularly—always reference your MLS’s most current documentation.
  
• Check state and local regulations. Real estate laws and regulations vary by state and locality.
  
• When in doubt, ask. Contact your MLS support team or local REALTOR® association for clarification before taking action.
  

We make no representations or warranties regarding the accuracy, completeness, or currentness of the information provided. Following or implementing strategies discussed in this article is done at your own risk. We are not responsible for any fines, penalties, legal issues, or other consequences that may result from actions taken based on this content.

Examples and scenarios presented in this article are for illustrative purposes only and may not reflect actual MLS rules or outcomes in your specific market.

Always prioritize compliance with your local MLS rules, state real estate regulations, and your brokerage’s policies over any general information provided in this or any other educational article.

If you need specific guidance on compliance matters, please consult with your broker, your MLS compliance department, or a qualified real estate attorney.

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