Rules Roundup: How Virtual Tours Lead to Personal Promotion Violations (July 2023)

Rules Roundup: How Virtual Tours Lead to Personal Promotion Violations (July 2023)

by | Aug 15, 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

Personal promotion is consistently one of our top violations, and a good many of them result from virtual tours. While virtual tours are an excellent tool to give buyers a feel for a home and to help them decide if they want to see it in person, there are rules which govern these tours.

  • People (including yourself) are not permitted to be in photos or virtual tours.
  • Virtual tours must be free of any branding.
  • They cannot have any contact or identifying information.
  • Virtual tours must be free of links.
  • Voiceovers are prohibited.
  • Virtual tours cannot contain copyrighted material.

If any of these violations are found in a virtual tour, the tour will be removed from your listing, and you will be asked to upload a new tour that is free of violations.

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 July 2023.

INFORMAL VIOLATIONS

Personal Promotion violations saw a sharp decline in July after continuing to rise since December of 2022. The 131 July violations are a 38% drop from the previous month.

    The chart below shows the next three most frequent informal violations from July 2023. After dipping into third place in June, Missing Owner Name violation saw a steep jump up back into second place over has Missing Tax ID violations.

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

    Data Accuracy Department Statistics 

    • Listings Reviewed: 24,503 (-2,989)
    • Notices Sent: 2,202 (-133)
    • Violation Notices Received: 359 (+8)
    • Courtesy Notices Sent: 1,432 (+142)
    • Phone Calls Received: 355 (+25)

    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: Summer Promotional Tips (June 2023)

    Rules Roundup: Summer Promotional Tips (June 2023)

    by | Jul 13, 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.

      Rules Roundup: Summer Promotional Tips (June 2023)

      Rules Roundup: Marketing Practices (May 2023)

      by | Jun 22, 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

      Recently, there have been numerous requests seeking clarity regarding marketing practices prior to a listing being published in the MLS. It has become increasingly popular to promote new listings on social media as “Coming Soon.” 

      According to the National Association of Realtors (NAR), it is a mandatory requirement that any listing must be entered into the MLS for cooperation with constituents within 24 hours of its public marketing, including posts on Facebook or any other public site. 

      This policy aims to ensure fairness and transparency in the real estate industry. You are able to market new listings on social media as long as you are abiding by the 24-hour rule outlined by NAR’s “Clear Cooperation” rule.

      Here is the NAR excerpt on the specific policy rule:

      Section 1.01 Clear Cooperation
      Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public. (Adopted 11/19) 

      Note: Exclusive listing information for required property types must be filed and distributed to other MLS Participants for cooperation under the Clear Cooperation Policy. This applies to listings filed under Section 1 and listings exempt from distribution under Section 1.3 of the NAR model MLS rules, and any other situation where the listing broker is publicly marketing an exclusive listing that is required to be filed with the service and is not currently available to other MLS Participants.

      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 in May of 2023.

      Case: Misuse of a Lockbox
      Fine: $500

      INFORMAL VIOLATIONS

      Incomplete or Inaccurate Data violations have exceeded Personal Promotion ones for the month of May. This violation can occur for a variety of reasons, some of which include agent reported violations, incorrect mapping, and misrepresenting the property or sales terms.

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

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

        Data Accuracy Department Statistics 

        • Listings Reviewed: 25,931 (+4,642)
        • Notices Sent: 2,150 (+253)
        • Violation Notices Received: 382 (-14)
        • Courtesy Notices Sent: 1,203 (+106)
        • Phone Calls Received: 280 (-120)

        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: Summer Promotional Tips (June 2023)

        Rules Roundup: Tax ID Violations Flatten / Personal Promotion Rises (April 2023)

        by | May 23, 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

        We have seen a dramatic drop in Tax ID violations since excluding New Construction listings near the end of 2022. We are always looking for ways to streamline and make our violations process more effective and efficient.

        Reporting violations and offering enhancement requests by email are great ways to be involved in the process, and it helps us understand your needs. We can set up custom classes and One-on-Ones to go over rules related questions at your leisure. Email training@rmls.com to schedule a custom class if you are interested.

        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 cases in April of 2023.

        INFORMAL VIOLATIONS

        Personal Promotion has been the top violation for the last few months, and as summer nears, the typical increase in active listings also sees an increase in personal promotion violations. Please be aware of the requirements and common violation errors that can occur.

          The chart below shows the next three most frequent informal violations from April 2023. Please note the dramatic decline in Tax ID violations since December.

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

          Data Accuracy Department Statistics 

          • Listings Reviewed: 21,289 (-60)
          • Notices Sent: 1,897 (-166)
          • Violation Notices Received: 396 (-15)
          • Courtesy Notices Sent: 1097 (-30)
          • Phone Calls Received: 400 (-79)

          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: Summer Promotional Tips (June 2023)

          Rules Roundup: Display of Listing Broker’s Offer of Compensation (Mar 2023)

          by | Apr 19, 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

          We have received a number of inquiries regarding a specific NAR Model rule that was adopted this year.

          Rules and Regulations 6.6: Display of Listing Broker’s Offer of Compensation. Participants and subscribers who share the listing broker’s offer of compensation for an active listing must display the following disclaimer or something similar.

            “The listing broker’s offer of compensation is made only to participants of the MLS where the listing is filed.”

          This disclaimer does not need to be displayed when entering a listing in RMLSweb. This disclaimer only needs to be used in situations where the listing and the Broker’s Offer of Compensation is being shared publicly by you. That would include on a website, email blast, in your office, social media or any public forum where someone other than RMLS subscribers may see it.

          This disclaimer aids in circumstances where a REALTOR who isn’t an RMLS subscriber brings a buyer for a property and the cooperative fee agreement does not apply. A compensation agreement must be implemented for these transactions.

          The following forms are useful in this circumstance:

          • WA Forms 41 Buyers Agency & 41C Buyer Brokerages Firm’s Compensation Addendum
          • OR REALTOR Forms – 9.1 to 9.8 Agency & Fee Agreements – whichever is applicable.
          • OREF Forms – 050 Buyers Representation Agreement, 090 Buyers Broker Compensation.

          This information is intended to direct you to the proper forms for use when you intend to write and offer on listings outside the RMLS and its cooperative fee agreements – contact your principal broker to advise you on what is appropriate for your individual firm and the situation.

          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 cases in March of 2023.

          INFORMAL VIOLATIONS

          Listings missing Tax ID information are typically the top informal violation within RMLSweb. Recently this rule has been edited to exclude Proposed and Under Construction property types. Because of this, there was a drop in the number of violations and now we are seeing Personal Promotion as the top violation for both February and March 2023.

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

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

            Data Accuracy Department Statistics 

            • Listings Reviewed: 21,349 (+5,403)
            • Notices Sent: 2,063 (+509)
            • Violation Notices Received: 411 (+101)
            • Courtesy Notices Sent: 1127 (+416)
            • Phone Calls Received: 479 (+152)

            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.