Guidelines for Communicating BAC (Rules Roundup October 2024)

Guidelines for Communicating BAC (Rules Roundup October 2024)

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

Communicating buyer’s agent commission (BAC) via the MLS is strictly prohibited. However, you may publish BAC in your own newsletters, signage, social media accounts, and on your brokerage’s own website, provided there is no direct link from the MLS to any page that communicates BAC.

Important Reminders

  • Virtual Tour links in listings must not include any references to BAC.
  • Allusions to BAC, even subtle or “coy” references, are not allowed under the terms of the settlement. Any content that appears to imply BAC must be removed to ensure compliance.

Acceptable Statements

You may include statements related to concessions, but dollar amounts and percentages are not allowed. Here are some examples of permissible statements:

  • “Concessions available; please contact the seller’s agent!”
  • “Seller is open to contributing to closing costs!”
  • “Seller is open to negotiating concessions for roof repair, new carpeting, fencing, etc.”

Prohibited Statements

The following types of statements are not allowed:

  • “WE LOVE BUYERS’ AGENTS!”
  • “Seller loves buyer’s agents.”
  • “Offering concessions of 2.5 Bananas!”
  • “Ready to cooperate!”
  • “2.5% concessions for buyer agent costs.”

By adhering to these guidelines, you can ensure compliance with the settlement terms while maintaining transparency in your communications.

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 (misuse of a lockbox) in October 2024 and the offender was fined $100.

 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. 

  • HUD fell to 13 from 32
  • People in Photo fell to 16 from 43
  • Missing Condo Unit Number rose from 20 to 51
  • Personal Promotion rose from 130 to 197
  • Incomplete or Inaccurate Data fell to 62 from 83

    Data Accuracy Department Statistics

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

    • Listings Reviewed: 32,962 (+11,165)
    • Notices Sent: 2,464 (+169)
    • Violation Notices Received: 207 (-119)
    • Courtesy Notices Sent: 1,865 (+61)
    • Phone Calls Received:  387 (-61)

    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.

    Guidelines for Communicating BAC (Rules Roundup October 2024)

    Number Restrictions in Remarks Fields (Rules Roundup September 2024)

    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

    Recently, RMLS implemented a rule that prohibits numbers (either dollar amounts or percentages) from being attached to concessions, incentives, credits, and bonuses (or any similar promotional item) in the Remarks fields. We want to take a moment to clarify some of the considerations informing this decision. 

    The real estate industry continues to face intense scrutiny. Though the NAR-negotiated settlement provided a framework and direction for MLSs to continue to serve REALTOR® business needs, the legal protections provided by the settlement (which are still awaiting final approval from the courts) are contingent upon full compliance from participating MLSs and their subscribers. MLSs have worked diligently to adjust to this new framework, despite many uncertainties involved, while providing guidance to subscribers while we collectively figure out a path forward for all involved. New hazards to compliance have arisen though in the wake of process and rule changes.

    Since the settlement on August 13, 2024, there have been reports of potential ‘workarounds’ being used by MLS participants across the country. We’ve also seen similar attempts. These workarounds constitute a violation of the terms of the settlement and thus pose a risk to the legal protections provided by it. Given the current landscape, it’s essential for all of us to remain mindful of the heightened attention on industry practices, and the associated risks that follow.

    RMLS is committed to full and active participation in this settlement. Our goal is to demonstrate our dedication to the settlement terms through concrete changes and enforcement. For the long-term good of all involved, we ask our subscribers to join us in this goal, which includes discontinuing any attempts to communicate commissions or compensation. If you have questions, please always feel free to contact us.

    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 cases (Unauthorized Use of a Lockbox) in September 2024, resulting in fine of $1,500 that is currently being contested.

    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.

    • HUD fell to 32 from 172
    • Personal Promotion fell to 130 from 170
    • Unauthorized Text in Photo fell to 26 from 74
    • Duplicate Listing Sold in Diff. Categories fell to 0 from 47
    • Incorrect Status rose from 9 to 17
    • First Photo Not Exterior of Home rose from 7 to 26

      Data Accuracy Department Statistics

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

      • Listings Reviewed: 21,797 (-1,768)
      • Notices Sent: 2,295 (+672)
      • Violation Notices Received: 326 (-125)
      • Courtesy Notices Sent: 1,804 (+689)
      • Phone Calls Received: 448 (-125)

      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.

      Guidelines for Communicating BAC (Rules Roundup October 2024)

      People and Private Businesses in Photos (Rules Roundup, August 2024)

      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.

        Guidelines for Communicating BAC (Rules Roundup October 2024)

        Copyright Considerations for Photo Usage (Rules Roundup June 2024)

        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.

          Guidelines for Communicating BAC (Rules Roundup October 2024)

          Tips to Avoid Fair Housing Violations (Rules Roundup May 2024)

          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.

            Guidelines for Communicating BAC (Rules Roundup October 2024)

            Rules Roundup: Active Listings With ‘No Showings’ in the Remarks (Apr. 2024)

            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

            This month, we saw an increase in the violation Remarks Indicate No Showings. This violation occurs when a property is listed as Active, but the remarks state that showings are not permitted.

            Any property in Active status must be available for showing at the time it is marked as Active. If showings will not be available for a period, the property should remain in, or be put into, Withdrawn status.

            The only exception to this rule is if a tenant is present and uncooperative regarding showings. In such cases, an Uncooperative Tenant form should be filled out and submitted to dataaccuracy@rmls.com to keep on file.

            Phrases like “showings only after approved offer” violate this rule and are not allowed. However, wording such as “showings only to pre-approved buyers” is permitted and does not violate this rule.

            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 April 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: 26,351 (+3,618)
              • Notices Sent: 2,067 (+53)
              • Violation Notices Received: 356 (-104)
              • Courtesy Notices Sent: 1,796 (+119)
              • Phone Calls Received:  567 (-22)

              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.