First, lets look at the difference between a Disclosure and Nondisclosure State when it comes to sold prices.
Disclosure State
Sold prices are public record. Once a sale is reported to the county, the price is also required and anyone has access to it.
Nondisclosure State*
The sold price is not public record. This means that this data is not required to be submitted to a county office when a real estate transaction occurs.
*Most counties in the state of Missouri are Nondisclosure, including counties in the SOMO MLS Service Area.
Is submitting a sold price to the MLS required in a Nondisclosure State?
What potentially makes this confusing is that it might seem that the sales price of a real estate transaction doesn't need to be disclosed at all because of the use of the word "Nondisclosure". However, State Nondisclosure status is in reference to "the public". In fact, both the Missouri real estate contracts and the MLS Rules and Regulations have wording in them stating the sales price must be reported to the MLS.
The reporting of sold prices to the MLS is acceptable for a nondisclosure state because the data is only available to industry professionals belonging to the MLS and the information is categorized by the MLS as confidential. Members of the MLS and the real estate industry benefit from recording this property data by ensuring the MLS remains a source of complete and accurate sales data.
What if the seller or buyer doesn't want the price disclosed?
First, make sure the buyer and/or seller know that the information is private and only available to members of the MLS because Missouri is a Nondisclosure State. If they still wish to withhold the information, then an agreement between both the buyers and sellers will need to be signed. The M125 "Listing Change Addendum" can be used as one of the options available on that form is "Do Not Disclose Sales Price". This can also be noted in the Special Agreements portion of the Sales Contract.
Steps to set a listing to not disclose the Sold Price
While closing a listing in the MLS, if you have an agreement signed by the buyers and sellers to withhold the Sold Price, you will set the Sold Price to $0 and select "No" as the option for Sold Price Disclosed.
MLS and Sold Price
Most of this information is outlined in Section 2.5 of the Rules and Regulations "Reporting Sales to MLS". If the sold price is left off a listing or seems to be inaccurate, the listing will undergo a sold price audit. At this time, it will be requested that either the agreement between the buyer and the seller to withhold the price be submitted, or, if this was done accidently, the settlement statement will be requested so that the accurate price can be put into the MLS. If the listing is an off market transaction that is being put on the MLS, the sold price is required per Section 1.2.2.
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