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

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

    Rules Roundup: Personal Promotion Violations Overtake Tax ID (Feb 2023)

    by | Mar 20, 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 decrease in the number of photo violations since adopting the recommended changes passed by the rules committee. Tax ID violations are also once again seeing lower numbers now that the programming is set to ignore Proposed, New Construction, and Under Construction listings.

    The recently updated version of the RMLS Rules and Regulations is now available.

    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 February 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 February 2023.

      The chart below shows the next three most frequent informal violations from February 2023. This month we saw a spike for Incomplete or Inaccurate Data, making it the second-most violated category.

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

      Data Accuracy Department Statistics 

      • Listings Reviewed: 15,946 (-5,804)
      • Notices Sent: 1,554 (-253)
      • Violation Notices Received: 310 (-23)
      • Courtesy Notices Sent: 711 (-118)
      • Phone Calls Received: 327 (-32)

      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: Photograph Rules Changes (Jan 2023)

      Rules Roundup: Photograph Rules Changes (Jan 2023)

      by | Feb 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 the RMLS Board of Directors voted to approve recommended changes from the Rules Committee. These changes will officially go into effect on March 13, 2023. Regarding the changes effecting Rules and Regulations section 3.8, current violations that will be officially allowed as of March 13 will not generate notifications between now and the date of implementation. The specific redline and changes to this rule are as follows:

      3.8 Photographs. Listing Brokers may submit photographs for all listings to be Published in the RMLS System. The photographs are to be submitted without any added text or graphics, or any alterations that misrepresent the property.  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”.

        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 January 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 Listings Set to Expire as the top violation for January 2023.

        The chart below shows the next three most frequent informal violations from January 2023. This month we saw a dramatic spike for Unauthorized Text in Photos, making it the fourth-most violated category.

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

        Data Accuracy Department Statistics 

        • Listings Reviewed: 21,750
        • Notices Sent: 1,807
        • Violation Notices Received: 323
        • Courtesy Notices Sent: 829
        • Phone Calls Received: 359

        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.

        Market Action Report: New Design and Content

        Market Action Report: New Design and Content

        by | Feb 10, 2023

        Your Market Action report has a brand-new look starting with the January 2023 edition. We’re excited to present you with a fully refreshed design, along with new content and resources.

        We prioritized creating a clean design that is easy to navigate, orderly, and delivers an improved reading experience.

        Additionally, we added more statistical value by adding five new data charts, explanations for key definitions and formulas, and convenient links to other statistical content that RMLS provides.

        Here’s a breakdown of what’s new for each area:

        • NEW DATA CHARTS
          • Residential Trends: This chart will show the percentage change between the current month / year vs the corresponding month of the previous year.
          • Residential Sales by Price Range: This ‘heat map’ chart shows the number of sold residences broken down by $100K sale price tiers.
          • Average Sold Price Change: The percentage change for the average sold price by month is displayed.
          • Average Square Footage: The average square footage total for sold properties is given.
          • Average Price Per Square Footage: This chart shows a monthly comparison of average price per square foot for sold properties.
        • ADDITIONAL RESOURCES
          • Definitions and Formulas: This page explains some of the key terminology and formulas in use for the Market Action.
          • Resource Links: RMLS subscribers will have the benefit of linking directly to other statistical content that we offer, including our monthly state and regional infographics folders, the Real Talk with RMLS podcast, statistical reports, statistical summaries, and market trends.

        If you’re using the All Areas report, which includes all of the regions that RMLS covers, you can now navigate from area to area more easily with a linked Table of Contents.

        In the coming months, we’re planning to release additional infographics and content to support your use of the Market Action data. We hope you enjoy the new look and benefit from the new market data we’ve put together for you.

        If you have questions or feedback, please contact communications@rmls.com. We look forward to hearing from you!

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

        Rules Roundup: Floor Plans and Photo Uploads (Dec 2022)

        by | Jan 16, 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

        Floor Plans & Photo Uploads: Recently RMLS implemented the use of AI technology to help detect listing violations. One violation (of Rule 3.8) we’ve seen an uptick for involves photos that have added text, additional graphics, or alterations that misrepresent the property.

        To be clear, floor plans are still perfectly fine to upload but by rule they cannot contain additional text (beyond the room names) or any personal promotion. Rule 3.8 is in place to protect against potential instances of HUD violations, problematic photo alterations, prohibited copyrighted image use, or personal promotion.

        As a reminder, maps and graphics can be added as additional documents and referenced in the private comments of a listing. If you have any questions about rule compliance for photos, please feel free to contact our Data Accuracy team at dataaccuracy@rmls.com or 503.395.1916.

          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 December of 2022.

          INFORMAL VIOLATIONS

          Listings missing Tax ID information are consistently the top informal violation within RMLSweb. Sometimes the missing tax information is due to an error of omission. Other times, it may be because the listing is a new construction property that does not yet have a tax ID number available. Data Accuracy sends courtesy notices out to remind agents of the need to provide the tax information (when available).

          The chart below shows the next three most frequent informal violations from December 2022. This month we saw a dramatic spike for the property condition verification violation, making it the fourth most violated category.

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

          Data Accuracy Department Statistics 

          • Listings Reviewed: 17,818
          • Notices Sent: 2,010
          • Violation Notices Received: 220
          • Courtesy Notices Sent: 569
          • Phone Calls Received: 262

          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.