Instructions for Exempted Listings

Table of Contents

What you need to get started

MLS Input Instructions

Exempt Violations 

Who can see my listing if I set it as "Brokerage Only" Visibility?

My listing is Exempted. Now, I want it visible to all of the MLS. How do I do this?

How do I keep track of my Exempted Listings?

What is an Exempted Listing?

A listing that is entered into the MLS with limited visibility.  The seller must consent to an exempted listing in writing. 

What you need to get started

These documents are required before you enter the listing data into the MLS:

1. Seller's affirmation statement that shows their consent for the exempt visibility. [HICMLS Form]
2. Signed Listing Contract
3. HICMLS Profile Sheets.

Once the Listing Contract is executed, members are required to input the property data into the MLS immediately.  Please follow the input instructions stated below:

• To avoid a violation, the data entry for a new Exempted Listing must be completed within four calendar days from the date the listing contract is signed. 
• All subsequent status changes must be completed within four calendar days, as Section 1.4 of the MLS Rules states. [Read]

MLS Input Instructions

1. Input this listing as a new Incoming status listing.

2. Click Submit to save. The system will assign a new MLS #.

3. Once you have an MLS #, you must upload photos and edit the listing hereon.

4. Go to the new tab for "Exempted Listings." (The Exempted Listing flag defaults to No.)

   1. If the Exempted Listing Flag = Yes
      You will continue to see the Exempted Listing tab in the system.*
      You must select a visibility option and confirm the Seller's written consent for exclusion:

      • Exemption Type:

        • No Visibility = This will allow only those with edit rights to see this listing. (i.e. List Agent, Broker, Assistant.)
        • Brokerage Only = The listing data will be visible to Agents in the offices under the same Principal Broker.
      • The seller consented in writing to exclude this listing from the MLS?
        • Select Yes.
   2. Change the status to Active.  This is referred to as an Active Exempted Listing.
      • An error message will appear when your input does not meet system requirements.  To see the details, click on the error message.
   3. Input this in the Agent Remarks:  Exempted Listing.
   4. Once an offer is accepted, change the listing status to Active Under Contract or Pending immediately.  This will ensure accurate listing searches.
   5. After escrow closing, change the status to Sold and disclose the required information immediately.  This timely data is essential for comps and stats.

*If the Exempted Listing Flag = No:

When you change the status to Active, the Exempted Listing tab will no longer appear.

This is because the listing will not be exempted from visibility hereon.

Please Note:

• You must change the listing statuses within four calendar days to avoid a penalty.
• You will be allowed to exempt a listing only ONCE.
• Once the listing is reported as Sold, our system will automatically make the listing visible to other MLS Participants/Subscribers.
• Omit comments in the Remark sections that the MLS Rules do not support.
  • i.e., To prevent a notice from being sent to the Brokerage, please do not add these types of remarks in the MLS - Off Market Property, or data entry for statistical purposes, etc.

Exempt Violations 

All violations will be cited according to the MLS policies if:

• The new Exempted listing was inputted into the MLS past four calendar days from the listing contract signed date.
• The status was changed to Active Under Contract or Pending status past four calendar days from the Purchase Contract effective date.
• The Exempted listing was reported as Sold past four calendar days from the settlement/recordation date.

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Who can see my listing if I set it as "Brokerage Only" Visibility?

"Brokerage Only" is defined as any other agent under the same Head OfficeID (in our membership database):

• Example 1 - A Principal Broker (PB) oversees three branches.  This means all three branches can see the Exempted Listing.
• Example 2 - Hawaii Homes Maui cannot see a Brokerage Only listing posted by Hawaii Homes Honolulu because these offices have different PBs.
• Example 3 - Hawaii Homes Maui and Hawaii Homes Honolulu have the same PB.  This means the Agents in both offices can see the Exempted listing.

My listing is Exempted. Now, I want it visible to all of the MLS. How do I do this?

Change the Exempted Listing flag to No. Once you change the Exempted Listing flag to No, you can no longer change the flag back to Yes.

** There is no reversal, so please be accurate while making these changes. **

How do I keep track of my Exempted Listings?

With the introduction of Exempted Listings into the MLS system that hides listings from other agents, how do I see them besides going into the Input Module?

• You will NOT be able to use Search to find exempted listings.  They are omitted from the search function.
• You can bring up a Full Display of your exempted listing by entering the MLS Number into the Speedbar.

We have introduced three new reports under My Matrix > My Listings

My Exempt Listings

• This will contain a list of any exempt listings that you have personally.

My Office Exempt Listings

• This will contain a list of any exempt listings within the office that you operate out of.  (Just your branch in the event your brokerage operates multiple branches.)

Note: this will only comprise any exempted listings of other agents in your office that have set their Exemption Type to "Brokerage Only."

My Firm Exempt Listings

• This will contain any exempt listings within the brokerage you operate out of.  (All branches under the same Principal Broker.)

Note: this will only comprise any exempted listings of other agents in your brokerage that have set their Exemption Type to "Brokerage Only."

Note: The exempted listing will not become visible within the MLS after the status is changed to Cancelled. The only time an exempted listing will be visible to others within the MLS is after the listing status is changed to sold.

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Rev. 11/20/2023