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.

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

When uploading photos to RMLSweb, the following considerations should be kept in mind:

• All photographs uploaded to RMLS must be owned by the Listing Agent.
• Photos cannot be taken from a previous listing even if there were only minor changes made to the property.
• Photographs cannot be uploaded from other MLSs to RMLSweb containing watermarks from the previous MLS (these would be considered images belonging to the other MLS).
• All copyright claims must be sent to RMLS via email, physical mail, or handwritten note.
• Once RMLS has received the copyright claim, we will remove the photos in question and reach out to the agent that used the photos to request a counter notice.
• A proper counter notice must contain the following information:
  • Your name, address, phone number, and physical or electronic signature
  • Identification of the material and its location before removal
  • A statement under penalty of perjury that the material was removed by mistake or misidentification
  • Your consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body
• If it is determined that the photographs are not copyright infringement, they will be re-submitted to the listing.

For more information about photo usage, refer to section 10.3 of the RMLS Rules and Regulations.

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 one case (for unauthorized use of a lockbox) in June 2024, resulting in a $1,000 fine.

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.

• Missing Tax ID jumped from 2 to 53
• Missing School rose from 15 to 75
• Duplicate Listing leapt from 21 to 93
• Conditions to Compensate fell from 66 to 11
• HUD dropped from 200 to 46
• Missing Condo Unit Number rose from 8 to 59
• Unauthorized Text in Photo fell from 163 to 99

Data Accuracy Department Statistics

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

• Listings Reviewed: 29,023 (+491)
• Notices Sent: 2,115 (-238)
• Violation Notices Received: 523 (+99)
• Courtesy Notices Sent: 2,879 (+829)
• Phone Calls Received:  580 (+3)

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.

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

RMLS staff utilize software to flag certain words that may indicate HUD violations. It is important to note that receiving a violation with flagged HUD wording does not necessarily mean that listing has a fair housing violation.

We err on the side of caution and follow the best practices laid out by the Fair Housing Coalition of Oregon to prevent potential violations, thereby protecting ourselves and our subscribers.

“Oregon’s laws protect people from being treated differently because of your: race, color, religion, sex, national origin, whether or not you have kids, disability (also: source of income, domestic violence survivors, marital status, sexual orientation, and gender identity).”

Here are the best practices we follow:

Describe the home and not the people who will live there

• This means avoid any attempts to sell a “lifestyle” or assume the characteristics of the person who will be potentially buying the home. This is a slippery slope and unfair to assume that you know what type of person would be interested in the home you are marketing.
• Homes should be marketed using the characteristics and features of the home to attract people interested in those things.

Avoid advertising tactics that could be perceived as “steering” or targeting

• According to the National Association of REALTORS®, steering is the practice of influencing a buyer’s choice of communities based upon one of the protected characteristics under the Fair Housing Act, which are race, color, religion, gender, disability, familial status, or national origin.
• A common example we often see is highlighting a specific church or religious organization near the home.

Be cognizant of advertising that could be perceived as “chilling”

• An example of this would be using words like “exclusive,” “privileged,” and “elite” or words with similar meanings.
• Focus on inclusive advertising and ask yourself if any groups or protected classifications are being unconsciously left out in your marketing or advertising.
• Human models or renderings can be perceived as exclusionary, which is why we do not allow people in photos.

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 no cases in May 2024.

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.

• Duplicate Listings fell from 40 to 2.
• Conditions to Compensate fell from 22 to 6.
• Missing Owner Name fell from 207 to 9.
• HUD went from 38 to 125.
• Personal Promotion jumped from 130 to 175.

Data Accuracy Department Statistics

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

• Listings Reviewed: 28,532 (+2,181)
• Notices Sent: 2,353 (+288)
• Violation Notices Received: 424 (+68)
• Courtesy Notices Sent: 2,050 (+254)
• Phone Calls Received: 577 (+10)

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.