Questions / Selling · Leer en español

Is it legal to sell a house off-market?

Yes. No federal or state law requires a home to be listed on the MLS. The MLS is a private database run by real estate associations, and its rules apply to the agents who belong to it, not to homeowners.

MLMichael LindellMichael Lindell, REALTOR® · eXp Realty, LLC · Founder of Chimpre
Updated

The short answer

Selling a home without the MLS is legal in every state, including Georgia, Florida and Virginia. The Multiple Listing Service is a private database owned by real estate associations and brokers. Homeowners are not members, so its rules do not bind them.

Where the rules come in

The rules apply to the agent. If your agent belongs to an MLS that follows the National Association of REALTORS® Clear Cooperation Policy, the agent must enter your home in the MLS within one business day of marketing it to the public. "Public marketing" includes yard signs, public websites, email blasts and listing-sharing networks that span several brokerages.

Sellers who want privacy have recognized options:

OptionWhat it means
Office exclusiveYou choose not to have your home shared through the MLS. Your agent files your signed choice with the MLS.
Delayed marketingYour home is entered in the MLS but held back from public websites for a period your MLS sets. This option was added by NAR in 2025.
Private marketing to agents with active buyersYour agent presents your home to buyer's agents directly, with your signed approval, before or instead of a public listing.

What does not change

Your obligations as a seller are the same on or off the MLS. Disclosure duties, fair housing law and your contract terms all apply exactly as they would in a public sale.

How it works on Chimpre

On Chimpre, your agent prepares your listing and you approve it with one signature. That signature records your choice to keep your home private. Your agent decides when it is shared with agents representing active buyers, and you can change your decision with your agent at any time.

See who is looking for a home like yours

Chimpre introduces your home to agents whose active buyers are searching for a home like yours, in your area, at your price, with the space they need. Your agent shows you who is interested before anything goes public.

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Related questions

Do off-market homes sell for less?What is a pocket listing?What is the Clear Cooperation Policy?Can I sell privately first and list on the MLS later?

Sources

  1. NAR MLS Clear Cooperation Policy
  2. NC REALTORS: New MLS Policy, Multiple Listing Options for Sellers