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

We receive several questions each month about the rules that apply to photographs. The most frequently asked questions concern the inclusion of people and private businesses, neither of which are allowed.

In late 2022, with the widespread adoption of AI technology, we gained the ability to scan every uploaded photo. This revealed a significant number of photos that contained unauthorized content. As a result, violations increased dramatically, along with requests to amend the rules.

The Rules and Regulations Committee decided to allow specific text and graphics, such as labeled aerial maps. However, only public entities — such as schools, bus stops, parks, hiking trails, and hospitals — are permitted to be labeled. Private businesses and individuals remain ineligible.

This decision was made to ensure fairness and accessibility, and to avoid conflicts of interest as well as potential discrimination. Public entities are accessible to everyone, whereas private businesses may not be. Labeling private entities is a potential conflict of interest and liability.

RMLS Rules and Regulations 3.8 Photographs is as follows:

3.8 Photographs. Listing Brokers may submit photographs for all listings to be Published in the RMLS System Photographs shall not include people, copyrighted material, identifying or promotional information, names or locations of private entities and/or businesses, Fair Housing violations or alterations that misrepresent the property. Alterations to photographs to reflect lot lines, road names, arrows identifying the property, and the names of public amenities shall be allowed so long as they are not misleading or otherwise in violation of this Rule. RMLS expressly reserves the right to deny usage of photographs that do not conform to RMLS Rules and Regulations. If there is virtual staging in any of the photographs it must be disclosed on the photograph with the “Virtually Staged” watermark. If Residential new construction has a photograph of a similar home it must be disclosed on the photograph with the “Sample Image” watermark. The first photograph of a listing in Coming Soon-No Showing status will be watermarked as “Coming Soon-No Showings”.

At the time of publication, listings submitted to RMLS are required to have one (1) photograph of the exterior building view, except for bare land, which must have a photograph of the land. If the seller does not wish to have a photograph published, a Photograph Omission Form or equivalent document signed by the seller is required and must be submitted to RMLS within 24 hours of listing publication.

The exterior building view is to be photograph number one (1) if multiple photographs are submitted. Residential new construction is required to have a photograph, which may be of the floor plan or exterior elevation until the building is completed, at which time a photograph of the exterior building view must be added.

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 cases (Unauthorized Use of a Lockbox; Marketing of a Coming Soon-No Showing listing; Incorrect or Missing Information in a Required Field) in August 2024, resulting in fines totaling $600.

INFORMAL VIOLATIONS

The chart below shows violations that generated at least 15 instances in the past month. Some notable gains and decreases are noted below.

• People in Photo fell to 123 from 234
• HUD rose from 19 to 172
• Duplicate Listing Sold in Diff. Categories fell to 47 from 98
• First Photo Not Exterior of Home fell to 7 from 57
• Personal Promotion fell to 170 from 224
• Incomplete or Inaccurate Information fell to 75 from 142
• Unauthorized Text in Photo fell to 74 from 117

Data Accuracy Department Statistics

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

• Listings Reviewed: 23,565 (-1,387)
• Notices Sent: 1,623 (-368)
• Violation Notices Received: 451 (+25)
• Courtesy Notices Sent: 1,115 (-105)
• Phone Calls Received:  573 (-18)

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.