A growing number of states now require residential listings to be publicly marketed by default — permitting restricted marketing only where the seller signs a state opt-out or, in some states, only under a narrow safety exception. For a broker of record, a further question follows whatever options are permitted: how the seller's choice was explained and documented.
This template is one way to answer that. It sets out a "no document, no marketing" internal rule, names the administrative gatekeeper, and gives your compliance team a four-point audit checklist to run before a restricted listing goes out. Whether to adopt that rule is the brokerage's decision; it is not a legal or MLS requirement. Adapt the bracketed fields to your firm, your state, and your transaction-management system.
What's inside
Section 4.12 policy language · the "no document, no marketing" firewall · a four-point listing audit checklist · enforcement and remediation language · recordkeeping guidance · a plain-English explanation of the E&O, supervision, and fair-housing exposure the process relates to.
A signed form and a documented deliberation do different jobs
A signature on a required form shows the seller authorized a strategy. A documented deliberation records what the seller was shown: the tradeoffs presented, the priorities the seller ranked, the seller's stated reason, a defined date the property defaults back to the open market where marketing is restricted, and signatures from seller, agent, and broker. The new state laws make the question of how a seller's choice was explained more visible, and this SOP is built around a record that addresses it. The seller signs both.
Pairs with the LSDR
The checklist in this SOP reads as a natural audit of a Listing Strategy Decision Record (LSDR) — a guided artifact that produces the elements of a documented listing decision (deliberation, the seller's stated reason, a fallback trigger where marketing is restricted, tri-party signatures) in one signed record. It records the decision only; execution and outcomes are documented separately. Firms using paper forms can still satisfy the checklist; it simply takes more files and more reconstruction later.
Get the template
Free, no signup. The Word version is fully editable — drop in your firm name, state, and transaction system.
Drafted by LTC Capital, LLC, which shares common ownership with The Cyr Team. Adaptable under attribution. Not legal advice — confirm citations with your own counsel.Frequently asked questions
What is a brokerage SOP for off-MLS listings?
It is an internal Standard Operating Procedure that defines how a brokerage handles any listing marketed outside the public MLS. An SOP of this kind can require documentation of the seller's decision before a restricted listing is circulated, designate a compliance gatekeeper who approves the file, and specify an audit checklist the file has to pass, typically covering the seller's deliberation, the seller's stated reason, a fallback date where marketing is restricted, and signatures from the seller, listing agent, and broker of record. Adopting such a policy is the brokerage's decision, not a legal or MLS requirement.
Which states require public marketing of residential listings?
As of October 2026, Wisconsin (effective January 1, 2027), Washington (in effect since June 11, 2026), and Connecticut (in effect since October 1, 2026) have enacted laws, and New York's bill has passed the legislature and awaits the governor's signature. Wisconsin, Connecticut, and New York use an opt-out model: public marketing by default, with private marketing permitted on a seller's signed form. Washington requires concurrent public marketing of any limited-group marketing, with a health-or-safety exception. Other states have had bills pending. Confirm current status for any state you operate in.
Is a signed consent form all a brokerage needs to document?
The required form is what the MLS or state requires where it applies, and it records that the seller authorized a strategy. It is not designed to show what the seller was shown. A documented deliberation records that, and this SOP's audit checklist is built to confirm a file has it. The two do different jobs and the seller signs both. Neither is a safe harbor; review the approach with your counsel.
Can I use this template at my brokerage?
Yes. The template is free to download and adapt under your own branding, provided you retain attribution to LTC Capital, LLC and the references to the LSDR. Replace the bracketed fields with your firm's specifics, confirm the statutory citations and penalty figures for each state you operate in, and have your own counsel review it before adoption. It is a starting framework, not legal advice.
How does the SOP relate to the LSDR?
The SOP is the brokerage-level policy: who reviews a restricted listing, what they check, and what happens if it fails. The Listing Strategy Decision Record (LSDR) is one tool built to produce a documented listing decision for each listing: a guided record capturing the seller's deliberation, the seller's stated reason, a fallback trigger where marketing is restricted, and tri-party signatures. A documented listing decision is a standard, not a single product; the LSDR is one way to produce it.