Ruleschool: New Construction and Photographs

by RMLS Communication Department | May 8, 2014

This article is the next in our series Ruleschool, where we take a closer look at selected parts of the RMLS™ Rules and Regulations.

The RMLS™ Rules and Regulations are key to maintaining accurate data on RMLSweb and a smooth-running real estate marketplace. Just like in last month’s blog post, Things the Rules Committee Wants You to Know, we’re going to take a closer look today at a couple of rules we commonly speak to subscribers about: new construction and photographs.

3.5: New Construction Listings. Listings involving new construction shall classify such construction as:

a. “NEW” – construction completed, but property has never been occupied;
b. “Under Construction” – ground broken and construction actually under way; or
c. “Proposed” – not yet under construction

When entering a new construction listing, the Year Built Description field may start with “PROPOSD” which means no construction has started. Once ground is broken and construction begins, the field will need to be changed to “UNDRCON”. If construction is completed before listing is sold, the field will need to be changed to “NEW”. These changes will accurately reflect the status of construction in a listing.

If for some reason you are not able to make the appropriate change before the listing is changed to SLD status an email will be sent to verify the status of the Year Built Description field if other than “NEW”. When you respond, we will adjust the Year Built Description field as needed.

3.7: Photographs: Listing Brokers may submit up to sixteen (16) 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. At the time of publication, listing 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 72 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 competed, at which time a photograph of the exterior building view must be added.

We receive numerous complaints when the first photograph is not the exterior building view. This photograph does not need to be only of the front of the building but can be the side or the back depending on which best highlights the features of the building. The photograph should not be of the deck or the view of the river/ocean or mountains.

When working with new construction, don’t forget to load a photograph in the first position of the completed building before changing the status of the listing to sold. If the listing has been changed to sold before a photograph was entered, you can send the photograph to RMLS™ and we will post it for you.

Check in again next month for more rules information you can use!

Ruleschool: Things the Rules Committee Wants You to Know

by RMLS Communication Department | Apr 4, 2014

The Rules and Regulations Committee wants to make sure that all of our subscribers understand the RMLS™ Rules, because they are a key ingredient in accurate data and a smooth-running real estate marketplace. Our new blog series Ruleschool will periodically highlight rules, starting with the following two.

3.26 Availability for Showing. With the exception of Commercial Lease and Auction listings, all active listings shall be available for showing immediately upon entry into the RMLS™ system, excluding listings which require all offers to be made contingent on interior inspection. Listings cannot restrict showings until a future date.

There are several complaints sent in each week because the remarks say, “No showings until broker tour…” which is not acceptable based on Rule 3.26.

There are several other reasons that have been given when the listing has “No showings…” in the remarks field, but unless the listing requires all offers to be made contingent on interior inspection, the listing must be moved to WTH status if it cannot be shown.

Section 7: Showing Procedures
a. A Cooperating Broker or Appraiser may use the lockbox system access device to enter a listing whose status is Active, Bumpable, or Short Sale Pending, only in accordance to the instructions on the RMLS™ Listing Data Input Form or in accordance with the express instructions of the Listing Broker or Owner.
b. A Cooperating Broker or Appraiser may use the lockbox system access device to enter a listing whose status is other than Active, Bumpable or Short Sale Pending, only with the express permission of the Listing Broker or Owner.

The formal violations received so far in 2014 were for not following showing instructions or entering a property without permission when the status was not Active, Bumpable, or Short Sale Pending.

There are so many reasons to be careful to follow the showing instructions and the status rules! Even if the house is vacant, there can be big problems. In one case, an alarm system was activated and the home owner had to pay for a visit from the Police Department.

If the house is not vacant there could be teenage children alone, dogs, alarms systems, etc. If you are out viewing properties and you see one for sale that you don’t have on your list, use your smart phone to check the status of the listing and the showing instructions before using your key to enter the property!

Stay tuned! Later this spring, there will be more rules that will be the focus of this blog.