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.

        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.

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

          Rules Roundup: Violation Changes (Nov 2022)

          by | Dec 20, 2022

          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

          Our listing checker and violation software have received technological upgrades as part of our data feed move to a RESO-compliant Web API. As a result, a few changes have been made to the system and settings.

          Missing Tax ID Violations: This type of violation will now exclude “proposed” and “Under Construction” property conditions, meaning that these property conditions will no longer receive a Missing Tax ID violation unnecessarily. This will also cause the stats for that violation to decrease significantly, as reflected in the November statistical data.

          Artificial Intelligence: We’ve recently incorporated Restb.ai, which uses artificial intelligence to evaluate the metadata in property photos, into our process to check all uploaded photos for violations. This will add new statistical data on violations and greatly improve our reach and accuracy regarding photo violations.

          The software is set up to look for violations regarding the first photo, personal promotion, people, unauthorized text, and unauthorized watermarks. This data will begin to be reflected in the December statistics.

            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.

            There were two formal violation cases in November. Both cases concerned the unauthorized use of a lockbox (rule 3.22 from the RMLS Rules and Regulations), with one case resulting in a fine of $250 and other resulting in a $500 fine with a mandatory SentriLock rules class.

            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 November 2022.

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

            Data Accuracy Department Statistics 

            • Listings Reviewed: 9,969
            • Notices Sent: 1,853
            • Violation Notices Received: 280
            • Courtesy Notices Sent: 1,327
            • Phone Calls Received: 380

            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 for October 2022

            by | Nov 21, 2022

            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

            The holidays are upon us and the end of the year looms. Looking back at the formal violations the committee has addressed so far this year, it is interesting to note that they were all regarding misuse of a lockbox.

            This is one of the most serious violations and carries a maximum fine of up to $15,000, as well as potential expulsion from RMLS. It’s critical to remember to only access a lockbox in accordance with showing instructions and that only a lockbox owner may grant access codes.

            Useful Documents:

              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 October 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 October 2022.

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

              Data Accuracy Department Statistics 

              • Listings Reviewed: 15,383
              • Notices Sent: 2,880
              • Violation Notices Received: 299
              • Courtesy Notices Sent: 2,302
              • Phone Calls Received: 389

              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.