Rules Roundup: Coming Soon-No Showing vs. Marketing of a Listing Prior to RMLS Publication (Feb. 2024)

Rules Roundup: Coming Soon-No Showing vs. Marketing of a Listing Prior to RMLS Publication (Feb. 2024)

The Rules Roundup provides a monthly accounting of RMLS rules violations and courtesy notifications. Our Data Accuracy team manages all reports of property listing errors, tracking 27 specific issues outlined in the RMLS Rules and Regulations, and is responsible for addressing subscriber questions and concerns regarding listing accuracy.

HIGHLIGHTS

Coming Soon-No Showing (CSN) listings and Marketing of a Listing Prior to RMLS Publication requirements have some commonalities but are not the same.

Rule 3.29 of the RMLS Rules and Regulations outlines what advertising is permitted for Coming Soon listings. Here’s a summary:

  • Coming Soon-No Showing status listings are displayed only in the MLS system and are not included in the MLS advertising data feeds.
  • The Listing Broker may place a “Coming Soon” sign and flyer at the property and it must include the words “Coming Soon.”
  • A property in Coming Soon-No Showing status shall not be advertised in any other manner or medium (no print ads, display on the internet, or on syndication websites, mobile apps, or social media).
  • A broker may share Coming Soon-No Showing listings with the broker’s clients, current customers, and active RMLS subscribers only.

It’s important to note that the rules governing advertising CSN listings are distinct from those governing advertising prior to RMLS publication of a regular Active listing, a violation known as Marketing of a Listing prior to RMLS Publication. Basically, don’t market a listing that isn’t entered into the MLS. Violation of this rule can result in a fine of up to $1,500, to be determined by the RMLS Rules and Regulations Committee.

An important aspect of both requirements is that social media advertising of listings that are not yet available to the public is not allowable. To do so is viewed as discriminatory advertising and undermines the inclusive and transparent nature of the market.

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 casees in February 2024.

INFORMAL VIOLATIONS

The chart below shows violations that generated at least 15 instances in the past month. This month we saw some significant changes for certain categories.

  • Duplicate Listings dropped from 63 to 13
  • Personal Promotion dropped from 166 to 128
  • People in Photo rose from 15 to 31

    Data Accuracy Department Statistics

    The gain or loss comparison displayed in the parenthesis is versus the previous month.

    • Listings Reviewed: 19,437 (+4,310)
    • Notices Sent: 2,163 (-260)
    • Violation Notices Received: 339 (+69)
    • Courtesy Notices Sent: 1,691 (-39)
    • Phone Calls Received:  579 (+59)

    How to Report Violations

    Subscribers have multiple options to report violations, including a Report Issue button on every RMLSweb listing. Subscribers can email our Data Accuracy team at dataaccuracy@rmls.com or call them at 503.395.1916. When there are increases in specific violation types, we sometimes place notifications on RMLSweb.

    Rules Roundup: Coming Soon-No Showing vs. Marketing of a Listing Prior to RMLS Publication (Feb. 2024)

    Rules Roundup: Canceled vs Withdrawn Statuses (Jan. 2024)

    The Rules Roundup provides a monthly accounting of RMLS rules violations and courtesy notifications. Our Data Accuracy team manages all reports of property listing errors, tracking 27 specific issues outlined in the RMLS Rules and Regulations, and is responsible for addressing subscriber questions and concerns regarding listing accuracy.

    HIGHLIGHTS

    Given our recent policy change regarding refreshing listings, it would be advantageous to review the distinctions between the Canceled and Withdrawn statuses, as well as when to employ each.

    According to the RMLS rules and regulations, these statuses are defined as follows:

    Cancelled (CAN): Listings may also be canceled prior to their expiration date. The Canceled status signifies that the listing contract has been cancelled and terminated. Obviously, if the CONTRACT with the seller has been canceled then you would not want to actively market or advertise the property. The date that you change the listing to Canceled gets recorded in the Expiration Date field and the listing will always appear as CAN from that point on.

    Withdrawn (WTH): If the owner requests it, and has signed the proper paperwork, you can withdraw a listing in the RMLS database. The contract between you and the seller is still in force, but the property will no longer be actively marketed or advertised. This could be a temporary condition and the listing can be returned to Active status later. Special note: A listing marked WTH will still expire once it hits midnight on the date specified in the Expiration Date field.

    There are some possible circumstances under which you would use these statuses and the situations that would guide you in choosing one status over the other:

    Withdrawn: The withdrawn status should be utilized in situations where the listing will not be actively marketed for a period (typically short-term) but will be reactivated, and marketing will resume. Examples of such circumstances include when the seller is out of town for the weekend; the seller is conducting minor repairs or yard work; or the seller will be unavailable for showings for a brief period. During these instances, you would designate the property as Withdrawn temporarily and then reactivate the listing as “back on the market.” Listings under the WTH status are still actively under contract and will accumulate Days on Market (DOM).

    Canceled: The canceled status is appropriate for situations where your current listing contract will be terminated. However, this does not necessarily mean that the seller is not interested in working with you in the future; rather, it indicates that the seller is not currently interested in marketing the home, often for a longer or indefinite period. This could be due to reasons such as needing to take a break, approaching holidays, or planning extensive repairs/upgrades.

    Whenever you are off the market and intend to relist with a new MLS number, the listing must be Canceled or Expired for at least 31 days. Withdrawn listings cannot be relisted with a new MLS number.

    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 casees in January 2024.

    INFORMAL VIOLATIONS

    The chart below shows violations that generated at least 15 instances in the past month. This month we saw some significant changes for certain categories.

    • Missing School rose from 4 to 35
    • HUD dropped from 28 to 9
    • Missing Condo Unit Number dropped from 118 to 64
    • Duplicate Listing fell from 150 to 105
    • Missing Tax ID rose from 47 to 153

      Data Accuracy Department Statistics

      The gain or loss comparison displayed in the parenthesis is versus the previous month.

      • Listings Reviewed: 15,127 (+3,839)
      • Notices Sent: 2,423 (-815)
      • Violation Notices Received: 270 (+43)
      • Courtesy Notices Sent: 1,730 (-933)
      • Phone Calls Received:  520 (+153)

      How to Report Violations

      Subscribers have multiple options to report violations, including a Report Issue button on every RMLSweb listing. Subscribers can email our Data Accuracy team at dataaccuracy@rmls.com or call them at 503.395.1916. When there are increases in specific violation types, we sometimes place notifications on RMLSweb.

      Rules Roundup: Coming Soon-No Showing vs. Marketing of a Listing Prior to RMLS Publication (Feb. 2024)

      Rules Roundup: New ‘Sold Other Category’ Status (Dec. 2023)

      The Rules Roundup provides a monthly accounting of RMLS rules violations and courtesy notifications. Our Data Accuracy team manages all reports of property listing errors, tracking 27 specific issues outlined in the RMLS Rules and Regulations, and is responsible for addressing subscriber questions and concerns regarding listing accuracy.

      HIGHLIGHTS

      With the expansive forms change project that was recently rolled out, a new status was also added. This new status comes with some useful features that will make listing a property in two categories much easier. The first thing to note is that when listing a property in two categories it will automatically be linked to its twin so that future updates on one property will automatically be applied to the other. There will also be a link to the other listing featured on both listings. Here is the description of the rule:

      • Sold Other Category (SOC). For properties that can be listed in multiple property categories (ex. Residential and Commercial), when it’s time to designate the property as “sold” in RMLS, the Seller’s Agent will mark one listing as Sold (SLD) and the system will mark the other listing as Sold Other Category (SOC). During initial data input of these two listings, the system will help the Seller’s Agent connect them together and as modifications are made to one listing (ex. price change, status change, etc.), then the system will apply that change to the second listing.

       This means that you will no longer need to cancel one of the listings after marking the other SOLD. This should significantly cut down the number of unwanted calls sellers receive once a listing is cancelled and drastically lower the number of duplicate listing violations. It will also more accurately represent the status of these listings.

      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 casees in December 2023.

      INFORMAL VIOLATIONS

      The chart below shows violations that generated at least 15 instances in the past month. This month we saw some significant changes for certain categories.

      • Missing School rose from 4 to 35
      • HUD dropped from 28 to 9
      • Missing Condo Unit Number dropped from 118 to 64
      • Duplicate Listing fell from 150 to 105
      • Missing Tax ID rose from 47 to 153

        Data Accuracy Department Statistics

        The gain or loss comparison displayed in the parenthesis is versus the previous month.

        • Listings Reviewed: 11,288 (-5,851)
        • Notices Sent: 3,238 (+512)
        • Violation Notices Received: 227 (-141)
        • Courtesy Notices Sent: 2,663 (+923)
        • Phone Calls Received:  124 (+14)

        How to Report Violations

        Subscribers have multiple options to report violations, including a Report Issue button on every RMLSweb listing. Subscribers can email our Data Accuracy team at dataaccuracy@rmls.com or call them at 503.395.1916. When there are increases in specific violation types, we sometimes place notifications on RMLSweb.

        Rules Roundup: Solicitation of a Listing Under Contract (Nov. 2023)

        Rules Roundup: Solicitation of a Listing Under Contract (Nov. 2023)

        The Rules Roundup provides a monthly accounting of RMLS rules violations and courtesy notifications. Our Data Accuracy team manages all reports of property listing errors, tracking 27 specific issues outlined in the RMLS Rules and Regulations, and is responsible for addressing subscriber questions and concerns regarding listing accuracy.

        HIGHLIGHTS

        Solicitation of a Listing Under Contract (section 9.4 RMLS Rules and Regulations) is a rule that was adapted from the Realtor Code of Ethics (Realtor Code of Ethics Article 16). The purpose of this rule is to allow constituents to submit their listings to the MLS without fear of client poaching from other agents. This also allows homeowners peace of mind that they can provide their information to the MLS without being inundated by solicitations.

        The value that a combined database provides is immense and utilization of this relies on cooperation between constituents. The most common violation we see regarding this fine occurs when an agent does not check if an expired or cancelled listing has been relisted prior to sending out solicitations. General solicitations that are based on geographic area, occupation, organization, or group membership are permitted under this rule so long as they are not specifically marketed using information pulled from the MLS.

        Be aware that any use of the MLS database for the purpose of solicitation to a listing that is currently under contract is a violation of this rule, even if you are unaware that the listing was under contract at the time of solicitation. This violation carries a potential fine of up to $2500.

        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 casees in November 2023.

        INFORMAL VIOLATIONS

        The chart below shows violations that generated at least 15 instances in the past month. This month we saw some significant changes for certain categories.

        • Missing School rose from 4 to 35
        • HUD dropped from 28 to 9
        • Missing Condo Unit Number dropped from 118 to 64
        • Duplicate Listing fell from 150 to 105
        • Missing Tax ID rose from 47 to 153

          Data Accuracy Department Statistics

          The gain or loss comparison displayed in the parenthesis is versus the previous month.

          • Listings Reviewed: 17,139 (-4,122)
          • Notices Sent: 2,726 (+22)
          • Violation Notices Received: 368 (+77)
          • Courtesy Notices Sent: 1,740 (-16)
          • Phone Calls Received: 110 (-104)

          How to Report Violations

          Subscribers have multiple options to report violations, including a Report Issue button on every RMLSweb listing. Subscribers can email our Data Accuracy team at dataaccuracy@rmls.com or call them at 503.395.1916. When there are increases in specific violation types, we sometimes place notifications on RMLSweb.

          Rules Roundup: Coming Soon-No Showing vs. Marketing of a Listing Prior to RMLS Publication (Feb. 2024)

          Rules Roundup: Summer Promotional Tips (June 2023)

          The Rules Roundup provides a monthly accounting of RMLS rules violations and courtesy notifications. Our Data Accuracy team manages all reports of property listing errors, tracking 34 specific issues outlined in the RMLS Rules and Regulations, and is responsible for addressing subscriber questions and concerns regarding listing accuracy.

          HIGHLIGHTS

          Summer has arrived! Here are some cool topics you can use to refresh your knowledge and stay out of any hot water (rules violation-wise)!

          • Anytime a listing is in Active status it must be available for showing. If there is any period that the home is not available for showing, it must be put into Withdrawn status for that period.
          • Office exclusive listings cannot be advertised through email blasts or on social media. They can ONLY be advertised with your office.
          • Websites that are used to host virtual tours must be free of any contacts or identifying information.

          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 a case in June 2023.

          INFORMAL VIOLATIONS

          Personal Promotion has exceeded Incomplete or Inaccurate Information for the month of June. This violation can occur for a variety of reasons, some of which are: visible signage in photos, contact information in virtual tours, and using a channel or website that has contact information to host pictures and videos.

            The chart below shows the next three most frequent informal violations from June 2023. 

            This pie chart shows the remainder of the informal violations last month.

            Data Accuracy Department Statistics 

            • Listings Reviewed: 27,492 (+1,561)
            • Notices Sent: 2,335 (+185)
            • Violation Notices Received: 351 (-61)
            • Courtesy Notices Sent: 1,290 (+87)
            • Phone Calls Received: 330 (+50)

            How to Report Violations

            Subscribers have multiple options to report violations, including a Report Issue button on every RMLSweb listing. Subscribers can email our Data Accuracy team at dataaccuracy@rmls.com or call them at 503.395.1916. When there are increases in specific violation types, we sometimes place notifications on RMLSweb.