Understanding NAR’s DMEL Policy for Colorado Sellers and Brokers
NAR’s Multiple Listing Options for Sellers (“MLOS”) policy went into effect on March 25, 2025, and MLSs must implement the policy by September 30, 2025. This policy introduced a new listing type called a Delayed Marketing Exempt Listing (“DMEL”). Many sellers and brokers in Colorado are asking what this means and how it changes the way homes are marketed.
It is important to understand that Office Exclusive listings are not new. Office Exclusives allow a property to be marketed only within a brokerage and effectively kept out of the MLS. That option has existed for years. What is new is the DMEL listing, which gives sellers more control and options over how their property is marketed.
What Is a DMEL Listing in Colorado Real Estate
A DMEL listing must be entered into the MLS and is visible to other MLS Participants and Subscribers (real estate brokers), but not to the general public or syndicated to sites like Zillow, Realtor.com, or IDX feeds until the delay ends.
- Visible to brokers: Other MLS Participants and Subscribers (real estate brokers) can see the property.
- Hidden from the general public: The listing is not syndicated to sites like Zillow, Realtor.com, or brokerage IDX feeds until the delay ends.
In simple terms, brokers know about the property, but most buyers searching online will not see it until the DMEL period expires. The length of the delay is set by local MLSs, and some MLSs may not offer DMEL at all.
How DMEL Affects Colorado Home Sellers
For most sellers in Colorado the new DMEL option will not make a major difference, and many MLSs may choose not to offer it. However, DMEL can be useful in special situations such as:
- Ski homes or vacation rentals: A seller in Summit County might want to delay the listing until after ski season ends when showings are easier to coordinate.
- Homes under renovation: A Denver seller may want to sign paperwork now but wait until new flooring or paint is finished before the listing is broadly marketed.
- Privacy or timing concerns: A Boulder seller moving for a new job may want a brief delay while they coordinate the purchase of their next home.
Even in these cases, DMEL is only temporary. The property still goes into the MLS and is visible to brokers, but the general public will likely not see it online until the delay period ends.
What Colorado Brokers Need to Know
Brokers should pay close attention to two important requirements:
- Written authorization from the seller is required. A broker cannot place a property into DMEL or Office Exclusive status without clear signed approval. Sellers must understand the trade-offs of reduced exposure, particularly the loss of immediate visibility on publicly accessible websites.
- Strict compliance with MLS rules is necessary. Each MLS sets its own specific rules for DMEL listings, including how long marketing can be delayed. Mishandling these rules can result in MLS sanctions and even potential liability if a seller claims the broker failed to properly market their property.
Bottom Line for Sellers and Brokers Using DMEL
The new NAR MLS policy is unlikely to cause big changes for Colorado real estate. Most homes will still be listed publicly right away. But DMEL listings could be a valuable option in certain circumstances.
- Sellers should ask whether an MLS allows DMEL and whether it makes sense for their situation.
- Brokers should confirm they have the seller’s written authorization and follow MLS rules closely.
If you have questions about how DMEL or Office Exclusive listings work in Colorado or whether your local MLS has adopted them, please contact attorney Blake Gabriel for more information.
Disclaimer: This article is for informational purposes only and does not purport to provide legal advice. MLS rules and listing strategies are fact-specific and vary across markets. Consult a licensed Colorado attorney for guidance on your particular situation.
