RMLS™ Rules Roundup for March 2020

RMLS™ Rules Roundup for March 2020

Gavel

The RMLS™ Rules and Regulations Committee has requested that periodic reports are given to subscribers about the number and types of formal rules violations, along with information about informal violations and courtesy notifications by type. Read “If a RMLS™ Rule is Broken, What Happens?” for a deeper explanation.

Have you ever spotted something wrong in a property listing on RMLSweb? The Data Accuracy team is responsible for sorting things out whenever a RMLS™ subscriber contacts us—whether that is via the “Report Issue” button on a listing, by email, or contacting us directly by phone. In March 2020 our team handled 326 phone calls.

We track 32 specific issues in Listing Data Checker (LDC), the software that helps us spot and correct issues proactively. Six of these are courtesy notifications, but the other 24 are informal violations of the RMLS™ Rules and Regulations. In addition to our focus on education we also process formal violations throughout the year.

HOT TOPICS

Please remember to check state and local policies regarding showings, since several new policies, rules and regulations, and business best practices have been rolled out in recent weeks.

Please also check the listing for special accommodation requests or notes from the home seller or seller’s agent prior to scheduling a showing.

FORMAL VIOLATIONS

The RMLS™ Rules and Regulations Committee reviews all formal complaints which allege a violation of the RMLS™ Rules and Regulations. The committee has the power to impose sanctions.

The committee reviewed 1 case in March 2020 that resulted in $100.00 in fines.

  • 5.1.l – Unauthorized use of lockbox system: A buyer’s agent did not follow showing instructions.

INFORMAL VIOLATIONS

In March 2020, RMLS™ Data Accuracy staff reviewed 34,158 listings in addition to the 483 notices sent through “Report Issue” button on RMLSweb. Of the items reviewed, 1,041 violation notices and 1,601 courtesy notices were sent out.

CategoryMarch
Missing Tax ID394
Personal Promotion320
Incorrect or Missing Information126
Missing School61
Missing Owner Name 60
No Showings59
Incorrect Status45
Missing or Incorrect 1st Photo44
Duplicate Listing34
Address Issues29
Incorrect Property Type 25
HUD24
Is Property a Condo 23
Conditions to Compensation12
Inaccurate Lot Size12
Listing Input in Incorrect MLS area11
Partial Bathrooms 5+9
City Unknown6
Duplicate Listing in Different Categories 4
Missing Condo Unit Number 4
Address Issues 8
Inaccurate Lot Size 7
HUD 5
Property Condition 2

Following are the courtesy notifications sent to RMLS™ subscribers in March 2020:

CategoryMarch
Multiple Owner Names in First Field560
Listing is Set to Expire465
Listing Still Pending 270
New Listing Input Over 24 Hours 72
Listing Status Change over 24 Hours2

When we notice an uptick in a specific type of violation (perhaps a rule recently changed or market conditions lead to an increase in a certain type of issue), we may also put a notification up on RMLSweb, educating subscribers before one of their listings gets flagged and we need to contact them.

RMLS™ Data Accuracy can be reached via email or by phone at (503) 236-7657 if you ever have questions about the RMLS™ Rules and Regulations, if you wonder whether a specific listing has inaccurate data, or if you want to chat with us more about the above information.

Clear Cooperation MLS Policy 8.0 Rules Changes Coming April 30th: Your Questions, Answered

As a REALTOR®-owned MLS, RMLS™ should stay in compliance with the National Association of REALTORS® (NAR) MLS Model Rules. For 2020, NAR made several changes to the MLS Model Rules that are mandated. The first mandatory change was reviewed and approved by the RMLS™ Board of Directors at their January meeting and became effective on February 17, 2020 which resulted in a change to Section 8.3.

The second part of the 2020 NAR Model Rule changes were reviewed and approved by the RMLS™ Board of Directors and will become effective on April 30, 2020. The changes incorporate the NAR-mandated Clear Cooperation MLS Policy 8.0 that governs the public marketing of listings and their entry into the multiple listing service. Within one (1) business day of marketing a property to the public, the Seller’s Agent must submit the listing to the MLS for cooperation with other MLS participants.

For more information regarding this policy, please see these NAR resources:

Changes to the RMLS™ Rules and Regulations includes the following:

  • Section 3.2, Acceptable Listings, the definition of marketing was changed to match the NAR policy.
  • A new section, 3.3 Clear Cooperation, was added per the NAR policy. As a result, subsequent subsections will be renumbered accordingly.
  • Section 3.3 was changed to Section 3.4, Office Exclusives, and was updated to match the NAR policy.

Changes to the Oregon Listing Contract and Washington Listing Contract includes the following:

  • In the “Exclusive Right to Sell” section…
    • The title to the Authorization to Exclude from MLS and Public Marketing Addendum was updated to match the new title of the form.
    • In the last paragraph the marketing definition was changed to match the NAR policy.

Changes to the Authorization to Exclude from MLS and Public Marketing Addendum includes the following:

  • Title changed to “Authorization to Exclude from MLS and Public Marketing Addendum”
  • Section 1 – updated the subscriber count
  • Section 2 – Updated the title of the addendum and added “…and from public marketing.” to the last sentence.
  • Section 5 – Added “…or publicly marketed in any way.” to the last sentence.
  • Section 6 – The entire section was replaced with the following text:
    CLEAR COOPERATION/PUBLIC MARKETING: Within one (1) business day of marketing the property to the public, the property no longer qualifies to be excluded from the MLS and the Participant must submit the listing to RMLS™ for cooperation with other MLS Participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communication marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.
  • Section 8 – Text referencing “…public marketing…” was added in several locations.

Frequently Asked Questions

Why was this policy approved?
MLSs and Brokers from across the country asked NAR to consider policy that will reinforce the consumer benefits of cooperation. The MLS creates an efficient marketplace and reinforces the pro-competitive, pro-consumer benefits that REALTORS® have long sought to support. After months of discussion and consideration within NAR’s MLS Technology and Emerging Issues Advisory Board, this proposal was brought forth for the industry to discuss and consider, then approved by NAR’s Board of Directors.

Who made the decision that this policy was needed?
NAR’s MLS Technology and Emerging Issues Advisory Board is made up of brokers and MLS executives from across the country. Two dozen volunteers review industry concerns from a wide range of business and regional viewpoints. Potential policy changes are discussed within the group to create a positive impact on the industry and to address broker needs within the marketplace. The policy was strongly supported by the NAR MLS Committee and the NAR Board of Directors.

Do ALL REALTOR® Association MLSs have to adopt the MLS Clear Cooperation Policy?
Yes. By establishing a national policy, it is mandatory that all REALTOR® Association MLSs adopt the policy and have the same consistent standard.

Can a seller or the listing broker “opt out” of the policy’s obligations?
No. The new policy does not include an “opt out.” Any listing that is “publicly marketed” must be filed with the service and provided to other MLS Participants for cooperation within (1) one business day.

Does Policy Statement 8.0 prohibit office exclusives?
No. “Office exclusive” listings are an important option for sellers concerned about privacy and wide exposure of their property being for sale. In an office exclusive listing, direct promotion of the listing between the brokers and licensees affiliated with the listing brokerage, and one-to-one promotion between these licensees and their clients, is not considered public advertising.

Common examples include divorce situations and celebrity clients. It allows the broker to market a property among the brokers and licensees affiliated with their brokerage. If office exclusive listings are displayed or advertised to the general public, however, those listings must also be submitted to the MLS for cooperation.

Does Policy Statement 8.0 require listings to be submitted to the MLS if they are advertised to a select group of brokers outside the listing broker’s office?
Yes. “Private listing networks” that include more brokers or licensees than those affiliated with the listing brokerage constitute public advertising or display pursuant to Policy Statement 8.0. Listings shared in multi-brokerage networks by participants must be submitted to the MLS for cooperation.

Does Policy Statement 8.0 apply to non-active listings?
Yes. Policy Statement 8.0 applies to any listing that is or will be available for cooperation. Pursuant to Policy Statement 8.0, “coming soon” listings displayed or advertised to the public by a listing broker must be submitted to the MLS for cooperation with other participants.

Does Policy Statement 8.0 apply if there is no listing agreement on file?
MLS compliance, including NAR® policy 8.0, is activated once a listing agreement is signed by all required parties. For scenarios in which no listing agreement is in place, RMLS™ recommends that you consult with your broker and/or reach out to your state association for information if you suspect/or have concerns about a FREC/Code of Ethics violation.

What is the meaning of “business day?”
Business days exclude Saturdays, Sundays and holidays. For consistency among all REALTOR® Association MLSs, the approved timeframe is 1 business day.; “holidays” include all recognized federal and state holidays.

Is the new policy consistent with Article 3 of the NAR Code of Ethics?
Yes. By joining the MLS, Participants agree to be bound by the MLS Rules and Regulations. Per the policy’s rationale, the public marketing of a listing indicates that the MLS participant has concluded that cooperation with other MLS participants is in their client’s best interests.

Can I advertise a property on third party websites?
The MLS exists to facilitate cooperation and compensation. If you choose to advertise a property without a listing agreement on third party websites your compensation and/or broker participation is not guaranteed.

Can I market my excluded listing on Social Media?
For properties that have an Authorization to Exclude from MLS and Public Marketing Addendum, and the like, filed with RMLS™, all forms of social media marketing during the exclusion time period violate the 8.0 policy.

Prior to this rule change if a property was excluded from the MLS and then the sellers had a change of heart and wished to publish the property in the MLS they had to wait 30-days after the expiration of the contract in order to list the property in the MLS. Does this apply?
Once this new rule goes into affect, the 30-day waiting period will be removed.

That said, RMLS™ is happy to guide you through a specific situation or answer questions you may have. Contact the RMLS™ Data Accuracy staff at (503) 236-7657; we are happy to help answer your questions!

RMLS™ Rules Roundup for March 2020

RMLS™ Rules Roundup for February 2020

Gavel

The RMLS™ Rules and Regulations Committee has requested that periodic reports are given to subscribers about the number and types of formal rules violations, along with information about informal violations and courtesy notifications by type. Read “If a RMLS™ Rule is Broken, What Happens?” for a deeper explanation.

Have you ever spotted something wrong in a property listing on RMLSweb? The Data Accuracy team is responsible for sorting things out whenever a RMLS™ subscriber contacts us—whether that is via the “Report Issue” button on a listing, by email, or contacting us directly by phone. In February 2020 our team handled 263 phone calls.

We track 32 specific issues in Listing Data Checker (LDC), the software that helps us spot and correct issues proactively. Six of these are courtesy notifications, but the other 24 are informal violations of the RMLS™ Rules and Regulations. In addition to our focus on education we also process formal violations throughout the year.

HOT TOPICS

As the weather gets warmer and business begins to heat up it is a good time to remind everyone that it is not okay to solicit listings that are under contract. Section 5.1.v of the Rules and Regulations states:

For solicitation of a listing under contract (i.e.: Active (ACT), Bumpable  Buyer (BMP), Short Sale Pending (SSP), Pending (PEN), Pending Lease Option (POP), Withdrawn (WTH), or Coming Soon‐No Showing (CSN)), 
a fine of up to Two Thousand Five Hundred Dollars ($2,500), in an amount to be determined by the RMLS™ Rules and Regulations Committee. 

So please, if you see a listing has cancelled or expired recently, check to make sure that it is has not been relisted by the Seller’s Agent. This will save everyone some frustration and allow you to focus on profitable activities.

FORMAL VIOLATIONS

The RMLS™ Rules and Regulations Committee reviews all formal complaints which allege a violation of the RMLS™ Rules and Regulations. The committee has the power to impose sanctions.

The committee reviewed 6 cases in February 2020 that resulted in $7,750 in fines.

  • 5.1.l – Unauthorized use of lockbox system: A buyer’s agent did not follow showing instructions.
  • 5.1.l – Unauthorized use of lockbox system: A buyer’s agent entered a listing that was in pending (PEN) status.
  • 5.1.l – Unauthorized use of lockbox system: A buyer’s agent gave a lockbox code to their buyer without being present.
  • 5.1.l – Unauthorized use of lockbox system: A buyer’s agent did not follow showing instructions.
  • 5.1.l – Unauthorized use of lockbox system: A buyer’s agent gave a lockbox code to their buyer without being present.
  • 5.1.s – Marketing of a Listing Prior to RMLS™ Publication: A Seller’s Agent was found to be marketing a listing prior to publishing it as active (ACT) in the MLS.

INFORMAL VIOLATIONS

In February 2020, RMLS™ Data Accuracy staff reviewed 20,938 listings in addition to the 426 notices sent through “Report Issue” button on RMLSweb. Of the items reviewed, 1,041 violation notices and 1,601 courtesy notices were sent out.

CategoryFebruary
Missing Tax ID383
Incorrect or Missing Information113
Personal Promotion 109
Missing Owner Name 86
Missing School 73
Duplicate Listing55
Incorrect Status44
No Showings 38
Missing or Incorrect 1st Photo 27
Incorrect Property Type 24
Is Property a Condo 21
Duplicate Listing in Different Categories 13
Conditions to Compensation 12
Missing Condo Unit Number 10
Address Issues 8
Inaccurate Lot Size 7
HUD 5
Year Built Description 4
Listing Input in Incorrect MLS area 4
City Unknown 3
Partial Bathrooms 5+ 1
Is Listing a Short Sale 1

Following are the courtesy notifications sent to RMLS™ subscribers in February 2020:

CategoryFebruary
Listing is Set to Expire760
Multiple Owner Names in First Field 387
Listing Still Pending 308
New Listing Input Over 24 Hours 146

When we notice an uptick in a specific type of violation (perhaps a rule recently changed or market conditions lead to an increase in a certain type of issue) we may also put a notification up on RMLSweb, educating subscribers before one of their listings gets flagged and we need to contact them.

RMLS™ Data Accuracy can be reached via email or by phone at (503) 236-7657 if you ever have questions about the RMLS™ Rules and Regulations, if you wonder whether a specific listing has inaccurate data, or if you want to chat with us more about the above information.

RMLS™ Rules Roundup for March 2020

RMLS™ Rules Roundup for January 2020

Gavel

The RMLS™ Rules and Regulations Committee has requested that periodic reports are given to subscribers about the number and types of formal rules violations, along with information about informal violations and courtesy notifications by type. Read “If a RMLS™ Rule is Broken, What Happens?” for a deeper explanation.

Have you ever spotted something wrong in a property listing on RMLSweb? The Data Accuracy team is responsible for sorting things out whenever a RMLS™ subscriber contacts us—whether that is via the “Report Issue” button on a listing, by email, or contacting us directly by phone. In January 2020 our team handled 214 phone calls.

We track 32 specific issues in Listing Data Checker (LDC), the software that helps us spot and correct issues proactively. Six of these are courtesy notifications, but the other 24 are informal violations of the RMLS™ Rules and Regulations. In addition to our focus on education we also process formal violations throughout the year.

HOT TOPICS

A new year brings with it a new sequence for MLS numbers. Listings published in 2020 begin with ’20######’, where listings published in 2019 began with ’19######’. While it is not against the RMLS™ rules to refresh a listing, there are a few points to keep in mind. Refreshing a listing should be done at the request of the seller(s). If the seller(s) elects to refresh their listing in the MLS, the old listing should be changed to canceled (CAN) status not withdrawn (WTH). The Data Accuracy Department has received reports where the original listing was changed to withdrawn (WTH) status instead of canceled, and forgotten until the listing expires at some future date. This causes not only confusion for RMLS™ subscribers, it can be confusing to the property owner who may or may not have been the original seller(s) who receive inquiries on the status of their property.

FORMAL VIOLATIONS

The RMLS™ Rules and Regulations Committee reviews all formal complaints which allege a violation of the RMLS™ Rules and Regulations. The committee has the power to impose sanctions.

The committee did not review any formal violations in January 2020.

INFORMAL VIOLATIONS

In January 2020, RMLS™ Data Accuracy staff reviewed 22,529 listings in addition to the 493 notices sent through “Report Issue” button on RMLSweb. Of the items reviewed, 1,221 violation notices and 1,953 courtesy notices were sent out.

CategoryJanuary
Missing Tax ID471
Incorrect or Missing Information129
Duplicate Listing119
Missing Owner Name94
Personal Promotion85
Missing School58
Incorrect Status50
Year Built Description 46
Is Property a Condo 37
No Showings22
Missing or Incorrect 1st Photo 18
Duplicate Listing in Different Categories 17
Conditions to Compensation15
Duplicate Listing in Different Categories13
Incorrect Property Type15
Missing Condo Unit Number 8
Inaccurate Lot Size 8
Listing Input in Incorrect MLS area 7
Address Issues7
Partial Bathrooms 5+ 4
HUD2
City Unknown1
Is Listing a Short Sale1

Following are the courtesy notifications sent to RMLS™ subscribers in January 2020:

CategoryJanuary
Listing is Set to Expire1,015
Multiple Owner Names in First Field 405
Listing Still Pending 377
New Listing Input Over 24 Hours 156

When we notice an uptick in a specific type of violation (perhaps a rule recently changed or market conditions lead to an increase in a certain type of issue) we may also put a notification up on RMLSweb, educating subscribers before one of their listings gets flagged and we need to contact them.

RMLS™ Data Accuracy can be reached via email or by phone at (503) 236-7657 if you ever have questions about the RMLS™ Rules and Regulations, if you wonder whether a specific listing has inaccurate data, or if you want to chat with us more about the above information.

RMLS™ Rules Roundup for March 2020

RMLS™ Rules Roundup for December 2019

Gavel

The RMLS™ Rules and Regulations Committee has requested that periodic reports are given to subscribers about the number and types of formal rules violations, along with information about informal violations and courtesy notifications by type. Read “If a RMLS™ Rule is Broken, What Happens?” for a deeper explanation.

Have you ever spotted something wrong in a property listing on RMLSweb? The Data Accuracy team is responsible for sorting things out whenever a RMLS™ subscriber contacts us—whether that is via the “Report Issue” button on a listing, by email, or contacting us directly by phone. In December 2019 our team handled 195 phone calls.

We track 32 specific issues in Listing Data Checker (LDC), the software that helps us spot and correct issues proactively. Six of these are courtesy notifications, but the other 24 are informal violations of the RMLS™ Rules and Regulations. In addition to our focus on education we also process formal violations throughout the year.

HOT TOPICS

As winter moves into spring and the volume of new listings starts to increase remember that personal promotion on video and virtual tours are a violation of the RMLS™ Rules and Regulations. Any video or virtual tour that is linked on your listing must be devoid of any identifying personal and brokerage information. This means that the tour(s) themselves cannot have any identifying personal promotion information. If you have a video or virtual tour that is branded with personal promotion, you can post it on your own personal website.

FORMAL VIOLATIONS

The RMLS™ Rules and Regulations Committee reviews all formal complaints which allege a violation of the RMLS™ Rules and Regulations. The committee has the power to impose sanctions.

The committee reviewed three formal violations in December for a total of $1,750.00 in fines.

  • 5.1.l – Unauthorized use of lockbox system: A buyer’s agent did not follow showing instructions.
  • 5.1.l – Unauthorized use of lockbox system: A buyer’s agent gave a lockbox access code to their buyer.
  • 5.1.l – Unauthorized use of lockbox system: A buyer’s agent did not follow showing instructions.

INFORMAL VIOLATIONS

In December 2019, RMLS™ Data Accuracy staff reviewed 24,823 listings in addition to the 384 notices sent through “Report Issue” button on RMLSweb. Of the items reviewed, 810 violation notices and 1,459 courtesy notices were sent out.

CategoryDecember
Missing Tax ID316
Personal Promotion92
Incorrect or Missing Information86
Missing Owner Name46
Missing School43
No Showings29
Duplicate Listing26
Year Built Description 25
Conditions to Compensation24
Missing or Incorrect 1st Photo18
Duplicate Listing in Different Categories13
Is Property a Condo12
Inaccurate Lot Size 5
City Unknown5
Partial Bathrooms 5+3
Missing Condo Unit Number2
Listing Input in Incorrect MLS area2

Following are the courtesy notifications sent to RMLS™ subscribers in December 2019:

CategoryDecember
Listing is Set to Expire695
Listing Still Pending 410
Multiple Owner Names in First Field240
New Listing Input Over 24 Hours 114

When we notice an uptick in a specific type of violation (perhaps a rule recently changed or market conditions lead to an increase in a certain type of issue) we may also put a notification up on RMLSweb, educating subscribers before one of their listings gets flagged and we need to contact them.

RMLS™ Data Accuracy can be reached via email or by phone at (503) 236-7657 if you ever have questions about the RMLS™ Rules and Regulations, if you wonder whether a specific listing has inaccurate data, or if you want to chat with us more about the above information.