No. Section 1.1 of the Bright MLS Rules state that the MLS Rules apply to participants of the MLS. Further, Section 1.8.5 of the Bright MLS Rules and Regulations mandate that listings must be submitted into the MLS “[w]ithin one business day of marketing a property to the public.”

However, “[l]isting” means property subject to an exclusive right to represent agency agreement recognized under law. A “Brokerage Relationship” is not created simply by accepting compensation for utilization of the firm’s marketing platform, provided Broker is not engaged for the purposes enumerated in § 54.1-2130. Therefore, there is no “Listing” to submit to Bright MLS. 

For the purposes of this analysis, it is important to make a distinction between a “Listing,” which is an advertisement from a Broker pursuant to a “Brokerage Agreement” (such as an Exclusive Right to Sell or Exclusive Agency Listing Agreement) on behalf of a client, and an advertisement for a customer, which is not a “Listing” under the Bright MLS Rules. “Listings” are subject to the Off-MLS and Office Exclusive Policies and must be in the MLS within one business day of public marketing. Advertisements for customers are not “Listings” and therefore are not subject to those Policies.