Acting on recommendations from the RMLS Rules Committee, the RMLS Board of Directors has approved changes to the RMLS Rules and Regulations. These changes affect Availability for Showing (Rule 3.27), Consideration of Alleged Violations (Rule 4.1), and Sanctions (Rule 5.1) and will be effective as of January 6, 2022.
To review the upcoming changes, you can review the redline version of the updated RMLS Rules and Regulations here, or refer to the highlight summary below.
Availability for Showing
The changes to Rule 3.27 add an exception to the requirement that all active listings be available for showing immediately upon entry into the RMLS system by excluding situations involving uncooperative tenants:
For listings that are tenant occupied and where the tenant is uncooperative and will not grant access to the property, the Participant shall submit within the RMLS system the Uncooperative Tenant Unavailable for Showings form or equivalent document signed by the owner or an asset manager for REO listing to RMLS within 24 hours after all necessary signatures have been obtained.
The “Uncooperative Tenant – Unavailable for Showings Form” (Document 1265) is a new form that allows the Seller’s Agent to acquire a written statement from the owner or asset manager for REO listings to state that there is an uncooperative tenant who is not allowing showings.
Consideration of Alleged Violations
As a REALTOR®-owned MLS, RMLS strives to align with the National Association of REALTORS® (NAR) MLS Model Rules. Language within Rule 4.1 has been updated to reflect that alignment:
The Rules and Regulations Committee of the RMLS Board of Directors shall give consideration to all written complaints from Participants, Subscribers, and RMLS Staff alleging violations of the Rules and Regulations. By becoming and remaining a Participant or subscriber in this MLS, each Participant and subscriber agrees to be subject to these rules and regulations and any other MLS governance provision, the enforcement of which are determined by RMLS staff, Rules and Regulations Committee, and the RMLS Board of Directors.
Several changes, including a formal cycle of discipline and increased sanction amounts, were made to Rule 5.1 in order to assist enforcement of MLS regulations. These changes include:
- Language was added to denote the type of discipline that can be imposed by the RMLS Rules and Regulations Committee / Hearing Committee in accordance with the NAR MLS Model Rules.
- The individual sanctions list, with an updated format for readability, now outlines the allowable discipline for rules violations and other MLS governance provisions:
RMLS may, through the administrative and hearing procedures established in these rules, impose discipline for violations of the rules and other MLS governance provisions. Discipline that may be imposed may only consist of one or more of the following:
- letter of warning
- letter of reprimand
- attendance at MLS orientation or other appropriate courses or seminars which the Participant or subscriber can reasonably attend taking into consideration cost, location, and duration
- appropriate, reasonable fine not to exceed $15,000
- suspension of MLS rights, privileges, and services for not less than thirty (30) days nor more than six (6) months, except suspensions for failure to pay appropriate dues, fees, or charges
- expulsion from MLS and termination of MLS rights, privileges, and services with no right to reapply for a specified period not to exceed one (1) year.
- Individual sanction amounts were reviewed and adjusted, with all sanctions now being at least $100. The most significant changes are:
- Lockbox Access sanction – maximum fine has increased from $2,500 to $15,000
- Password sanction – maximum fine increased from $2,500 to $15,000
- Marketing of Listing Prior to RMLS Publication – maximum fine has increased from $1,000 to $2,500
- Showing a Property in Coming Soon-No Showing Status – maximum fine has increased from $1,000 to $2,500
- Marketing of Coming Soon-No Showing – maximum fine has increased from $1,000 to $2,500
If you have any questions about these changes, please contact the RMLS Data Accuracy department at firstname.lastname@example.org or 503.395.1916.