Per the terms of the settlement, RMLS listings cannot have an embedded link to a website which, with a single click on the MLS listing, would immediately display an offer of compensation. While RMLS will allow a reference to the existence of a website to be listed in the private remarks as long as it does not contain or indicate reference to BAC or compensation (for example, “Please see my website for more information” is acceptable, but “See my website for BAC information” is not) it is not allowable to have any link on RMLS directing to a page that immediately displays an offer of compensation.

From the NAR FAQ: Can an MLS allow MLS listings to link to a listing broker’s contact information (e.g., telephone number, broker’s preferred communication method)?

Yes, an MLS may provide links or other information that allows brokers to contact each other. However, this may not be used to circumvent the prohibitions of (a) making offers of compensation on an MLS to cooperating brokers or other buyer representatives (either directly or through buyers) or (b) disclosing on an MLS broker compensation or total brokerage compensation (i.e., the combined compensation to both listing brokers and cooperating brokers). For example, an MLS may not allow MLS listings to have an embedded link to a website which, with a single click on the MLS listing, would immediately display an offer of compensation. (Updated 7/31/2024)

Compensation and BAC are not allowable within Aligned Showings. We require that all communication of these topics be handled outside of Aligned Showings or RMLS platforms.

This does not currently constitute a violation of RMLS rules.

An MLS may not allow MLS listings to have an embedded link to a website which, with a single click on the MLS listing, would immediately display an offer of compensation

From the NAR FAQ: Can an MLS allow MLS listings to link to a listing broker’s contact information (e.g., telephone number, broker’s preferred communication method)?

Yes, an MLS may provide links or other information that allows brokers to contact each other. However, this may not be used to circumvent the prohibitions of (a) making offers of compensation on an MLS to cooperating brokers or other buyer representatives (either directly or through buyers) or (b) disclosing on an MLS broker compensation or total brokerage compensation (i.e., the combined compensation to both listing brokers and cooperating brokers). For example, an MLS may not allow MLS listings to have an embedded link to a website which, with a single click on the MLS listing, would immediately display an offer of compensation. (Updated 7/31/2024)

[UPDATED 8/13/24] RMLS will allow a reference to the existence of a website to be listed as long as it does not contain or indicate reference to BAC or compensation. For example, “Please see my website for more information” will be considered acceptable, but “See my website for BAC information” will not. It’s important to note though that, even if the language used in the private remarks is acceptable, you cannot include any single links directly to a web page which contains compensation information. 

From the NAR FAQ: Can an MLS allow MLS listings to link to a listing broker’s contact information (e.g., telephone number, broker’s preferred communication method)?

Yes, an MLS may provide links or other information that allows brokers to contact each other. However, this may not be used to circumvent the prohibitions of (a) making offers of compensation on an MLS to cooperating brokers or other buyer representatives (either directly or through buyers) or (b) disclosing on an MLS broker compensation or total brokerage compensation (i.e., the combined compensation to both listing brokers and cooperating brokers). For example, an MLS may not allow MLS listings to have an embedded link to a website which, with a single click on the MLS listing, would immediately display an offer of compensation. (Updated 7/31/2024)

If you have any concerns about the specific language, please reach out to helpdesk@rmls.com.

This is technically allowed. Though the settlement language may make room for offers of concession on the MLS (“so long as such concessions are not limited to or conditioned on the retention of or payment to a cooperating broker, buyer broker, or other buyer representative” according to NAR) the spirit of the agreement is to prevent MLSs from playing a role in compensation. The risk of having participants use concessions as a proxy for compensation, thus violating the settlement terms, is still deemed to be high and not in the spirit of the agreement.

No, the addendums are for Active listings and are not required for Pending listings. If the listing switches back to Active before 8/13, then an addendum would be needed.

Yes. NAR recently put out this document to assist with those disclosures.

Yes, we are working to make those available on forms provider sites. Both the Listing Contract addendum and the Commercial Lease variant are available now on SkySlope and DocuSign. 

To find these documents on the forms provider sites, please search for these terms in the RMLS libraries:

• Notice of Legal Settlement Terms and Listing Contract Addendum (Oregon and Washington)
• Notice of Legal Settlement Terms and Listing Contract Addendum (Commercial Lease)

[UPDATE 8/6] The addendums are scheduled for release by zipForms on 8/13. They will be listed as:

• RMLS & RMLSW Notice of Legal Settlement Terms and LCA

[UPDATED 8/1/24] The amount to be listed in the Listing Contract Addendum should reflect the total brokerage fee charged to the seller. No associated field in RMLSweb needs to be changed due to signing the addendum. The BAC field on RMLSweb is still a required field (until 8/13/24) so it can remain unchanged – it cannot be left blank but can be ‘zero’ (as an option). As of 8/13/2024, the BAC field will be removed from the MLS.

RMLS cannot advise on this matter. We can only say that for active listing contracts signed before 8/13/24, for any existing listing that is actively marketed on the MLS, the Seller’s Agent must disclose or amend their agreement with their sellers to include a conspicuous disclosure that compensation is not set by law and is fully negotiable. Active agreements can either be amended or a separate disclosure can be provided to satisfy the requirement.

If you are operating on behalf of the seller, no agreement is needed. If you are operating on behalf of a buyer, then a written buyer-broker agreement would need to be in place before attending an open house.

Yes. For any In-Progress Listings after the 8/13/24 changes (approximately at 8:00 AM), subscribers will need to click the Contract tab on the lower left of their Listing Load screen – the 8/13 changes (removal of certain fields, etc.) will then be visbile to those listings.

Between now and August 12, 2024, please use the current listing contracts. An addendum is now available (Listing Contact Addendum or E-Form version) for all current contracts that provides the disclosure language required for contracts created before August 13. As of August 13, you can use the new Listing Contracts.

Part of the policy changes stemming from the NAR settlement are a requirement that MLSs and their subscribers “must not enable the ability to filter out or restrict MLS listings that are communicated to customers or clients based on the existence or level of compensation offered to the cooperating broker or the name of a brokerage or agent.”

“As for filtering based on listing firm or listing agent, just like the inability of Participants or Subscribers to withhold listings based on those criteria in IDX and VOW displays, MLSs cannot enable that same ability within other MLS functions that provide listing data to consumers.”

“An MLS must take appropriate action if it becomes aware that a Participant or Subscriber acts inconsistently with this MLS policy.” (quotes are taken from the NAR FAQ)

To comply with this policy requirement and avoid any prohibited filtering or steering, the ability to search by identifiable information such Email, Name, ID, Phone, and Broker Code for sellers and co-seller’s will be removed.

We will have a new class starting in late July and a recorded webinar to serve as an evergreen option. We are also scheduling in-person presentations, forums, and QA sessions on a per-request basis. Contact training@rmls.com if you have questions or would like to schedule a training.

No. Aligned Showings is owned by a collection of MLSs, all of which will follow the terms of the settlement, so having BAC on Aligned Showings is not allowable.

Yes. But the contract terms surrounding BAC cannot be marketed/listed on any RMLS platform.