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.