The RMLS™ Rules and Regulations Committee has requested that periodic reports are given to subscribers about the number and types of formal rules violations, along with information about informal violations and courtesy notifications by type. Read “If a RMLS™ Rule is Broken, What Happens?” for a deeper explanation.
Have you ever spotted something wrong in a property listing on RMLSweb? The Data Accuracy team is responsible for sorting things out whenever a RMLS™ subscriber contacts us—whether that is via the “Report Issue” button on a listing, by email, or contacting us directly by phone.
We tracked 32 specific issues in Listing Data Checker (LDC), the software that helps us spot and correct issues proactively. Six of these are courtesy notifications, but the other 26 are informal violations of the RMLS™ Rules and Regulations. In addition to our focus on education, we also process formal violations throughout the year.
HOT TOPICS
Property Condition (previously known as Year Built Description) saw a spike in violations last month. As a reminder, the Property Condition needs to be changed to “New” on a new construction property before it is updated to sold (SLD) status. Making sure that the Property Condition is up to date throughout the construction and selling process will help to ensure that the listing data is accurate. Further, it will make the post close process as smooth as it can be.
TIP: Prior to scheduling a showing, it’s important to double check the listing for any special showing accommodation requests or notes from the seller(s) and/or Seller’s Agent. Be safe out there!
The committee did not meet in August 2020 as there were no cases to review.
INFORMAL VIOLATIONS
In August 2020, RMLS™ Data Accuracy staff reviewed 31,594 listings in addition to the 476 notices sent through “Report Issue” button on RMLSweb. Of the items reviewed, 1,241 violation notices and 2,196 courtesy notices were sent out. In addition our team handled 419 phone calls.
Category
August
Missing Tax ID
390
Incorrect or Missing Information
159
Personal Promotion
131
Missing School
77
Missing Owner Name
71
No Showings
70
Property Condition
66
Duplicate Listing
44
Incorrect Status
44
Incorrect First Photo
44
Conditions to Compensation
26
Is Property a Condo
26
Incorrect Property Type
24
Listing Input in Incorrect MLS area
15
Duplicate Listing in Different Categories
14
Inaccurate Lot Size
12
Partial Bathrooms 5+
9
Address Issues
6
City Unknown
5
Missing Condo Unit Number
3
HUD
3
Remarks Incorrectly Indicate Short Sale
1
Missing SQFT by Level
1
The following are the courtesy notifications sent to RMLS™ subscribers in August 2020:
Category
August
Listing is Set to Expire
983
Multiple Owner Names in First Field
585
Listing Still Pending
496
New Listing Input Over 24 Hours
127
Listing Status Change over 24 Hours
5
When we notice an uptick in a specific type of violation (perhaps a rule recently changed or market conditions lead to an increase in a certain type of issue), we may also put a notification up on RMLSweb, educating subscribers before one of their listings gets flagged and we need to contact them.
RMLS™ Data Accuracy can be reached via email or by phone at (503) 236-7657 if you have questions about the RMLS™ Rules and Regulations, if you wonder whether a specific listing has inaccurate data, or if you want to chat with us more about the above information.
The RMLS™ Rules and Regulations Committee has requested that periodic reports are given to subscribers about the number and types of formal rules violations, along with information about informal violations and courtesy notifications by type. Read “If a RMLS™ Rule is Broken, What Happens?” for a deeper explanation.
Have you ever spotted something wrong in a property listing on RMLSweb? The Data Accuracy team is responsible for sorting things out whenever a RMLS™ subscriber contacts us—whether that is via the “Report Issue” button on a listing, by email, or contacting us directly by phone.
We tracked 32 specific issues in Listing Data Checker (LDC), the software that helps us spot and correct issues proactively. Six of these are courtesy notifications, but the other 26 are informal violations of the RMLS™ Rules and Regulations. In addition to our focus on education, we also process formal violations throughout the year.
HOT TOPICS
We have been looking at ways to help improve the database of listings and one thing that we noticed is that there are quite a few listings that were not updated from pending (PEN) status to sold (SLD) status within the required time frame. As a reminder, all status changes must be made within 24 hours, excepting weekends and postal holidays, of the actual change in status. We are working on a mechanism to send out courtesy reminders to people who have gone beyond this time frame.
This month we want to continue to remind everyone that prior to scheduling a showing, it’s important to double check the listing for any special showing accommodation requests or notes from the seller(s) and/or Seller’s Agent. Be safe out there!
The committee did not meet in July 2020 as there were no cases to review.
INFORMAL VIOLATIONS
In July 2020, RMLS™ Data Accuracy staff reviewed 34,253 listings in addition to the 493 notices sent through “Report Issue” button on RMLSweb. Of the items reviewed, 1,375 violation notices and 1,940 courtesy notices were sent out. In addition our team handled 457 phone calls.
Category
July
Missing Tax ID
474
Incorrect or Missing Information
157
Personal Promotion
116
Missing School
100
Missing Owner Name
82
Duplicate Listing
67
No Showings
60
Incorrect First Photo
50
Incorrect Status
44
Conditions to Compensation
41
Is Property a Condo
39
Incorrect Property Type
28
Missing Condo Unit Number
24
Listing Input in Incorrect MLS area
20
Inaccurate Lot Size
18
Partial Bathrooms 5+
15
Address Issues
14
Duplicate Listing in Different Categories
11
Property Condition
9
City Unknown
4
HUD
2
The following are the courtesy notifications sent to RMLS™ subscribers in July 2020:
Category
July
Listing is Set to Expire
795
Multiple Owner Names in First Field
677
Listing Still Pending
286
New Listing Input Over 24 Hours
129
Listing Status Change over 24 Hours
17
When we notice an uptick in a specific type of violation (perhaps a rule recently changed or market conditions lead to an increase in a certain type of issue), we may also put a notification up on RMLSweb, educating subscribers before one of their listings gets flagged and we need to contact them.
RMLS™ Data Accuracy can be reached via email or by phone at (503) 236-7657 if you have questions about the RMLS™ Rules and Regulations, if you wonder whether a specific listing has inaccurate data, or if you want to chat with us more about the above information.
The RMLS™ Rules and Regulations Committee has requested that periodic reports are given to subscribers about the number and types of formal rules violations, along with information about informal violations and courtesy notifications by type. Read “If a RMLS™ Rule is Broken, What Happens?” for a deeper explanation.
Have you ever spotted something wrong in a property listing on RMLSweb? The Data Accuracy team is responsible for sorting things out whenever a RMLS™ subscriber contacts us—whether that is via the “Report Issue” button on a listing, by email, or contacting us directly by phone. In June 2020, our team handled 498 phone calls.
We tracked 32 specific issues in Listing Data Checker (LDC), the software that helps us spot and correct issues proactively. Six of these are courtesy notifications, but the other 26 are informal violations of the RMLS™ Rules and Regulations. In addition to our focus on education, we also process formal violations throughout the year.
HOT TOPICS
Photographs are an important aspect of listing content in the MLS. All listings submitted to RMLS™ are required to have one photograph of the exterior building view, or land if a bare land listing. If multiple photos are submitted the first one must always be an exterior building view. In the case of new construction a floor plan or exterior elevation may be submitted until the building is completed at which point a photo of the exterior building view should be submitted.
The one exception is when your seller(s) have requested that no photos be published with their listing. In this case a signed Photograph Omission Form or equivalent document must be submitted to RMLSweb (Back Office -> Submit Excluded Listing -> Select Category=Photo Omission) within 24 hours of publishing the listing.
Photographs may not contain any added text or graphics, or any alterations that misrepresent the property. Any photograph that contains virtual staging must be disclosed using the “Virtually Staged” watermark. Residential new construction listings that use a photograph of a similar home must disclose it on the photograph with the “Sample Image” watermark.
This month we want to continue to remind everyone that prior to scheduling a showing, it’s important to double check the listing for any special showing accommodation requests or notes from the seller(s) and/or Seller’s Agent. Be safe out there!
The committee did not meet in June 2020 as there were no cases to review.
INFORMAL VIOLATIONS
In June 2020, RMLS™ Data Accuracy staff reviewed 34,077 listings in addition to the 540 notices sent through “Report Issue” button on RMLSweb. Of the items reviewed, 1,367 violation notices and 1,580 courtesy notices were sent out.
Category
June
Missing Tax ID
499
Personal Promotion
225
Incorrect or Missing Information
15
Missing Owner Name
81
Missing School
79
Duplicate Listing
62
Incorrect Status
48
No Showings
43
Incorrect First Photo
41
Is Property a Condo
29
Incorrect Property Type
20
Inaccurate Lot Size
16
Partial Bathrooms 5+
14
Listing Input in Incorrect MLS area
12
Conditions to Compensation
11
Address Issues
9
Duplicate Listing in Different Categories
6
HUD
4
Missing Condo Unit Number
4
City Unknown
3
Property Condition
2
The following are the courtesy notifications sent to RMLS™ subscribers in June 2020:
Category
June
Multiple Owner Names in First Field
633
Listing is Set to Expire
520
Listing Still Pending
303
New Listing Input Over 24 Hours
115
Listing Status Change over 24 Hours
9
When we notice an uptick in a specific type of violation (perhaps a rule recently changed or market conditions lead to an increase in a certain type of issue), we may also put a notification up on RMLSweb, educating subscribers before one of their listings gets flagged and we need to contact them.
RMLS™ Data Accuracy can be reached via email or by phone at (503) 236-7657 if you have questions about the RMLS™ Rules and Regulations, if you wonder whether a specific listing has inaccurate data, or if you want to chat with us more about the above information.
The RMLS™ Rules and Regulations Committee has requested that periodic reports are given to subscribers about the number and types of formal rules violations, along with information about informal violations and courtesy notifications by type. Read “If a RMLS™ Rule is Broken, What Happens?” for a deeper explanation.
Have you ever spotted something wrong in a property listing on RMLSweb? The Data Accuracy team is responsible for sorting things out whenever a RMLS™ subscriber contacts us—whether that is via the “Report Issue” button on a listing, by email, or contacting us directly by phone. In March 2020 our team handled 326 phone calls.
We track 32 specific issues in Listing Data Checker (LDC), the software that helps us spot and correct issues proactively. Six of these are courtesy notifications, but the other 24 are informal violations of the RMLS™ Rules and Regulations. In addition to our focus on education we also process formal violations throughout the year.
HOT TOPICS
Please remember to check state and local policies regarding showings, since several new policies, rules and regulations, and business best practices have been rolled out in recent weeks.
Please also check the listing for special accommodation requests or notes from the home seller or seller’s agent prior to scheduling a showing.
The committee reviewed 1 case in March 2020 that resulted in $100.00 in fines.
5.1.l – Unauthorized use of lockbox system: A buyer’s agent did not follow showing instructions.
INFORMAL VIOLATIONS
In March 2020, RMLS™ Data Accuracy staff reviewed 34,158 listings in addition to the 483 notices sent through “Report Issue” button on RMLSweb. Of the items reviewed, 1,041 violation notices and 1,601 courtesy notices were sent out.
Category
March
Missing Tax ID
394
Personal Promotion
320
Incorrect or Missing Information
126
Missing School
61
Missing Owner Name
60
No Showings
59
Incorrect Status
45
Missing or Incorrect 1st Photo
44
Duplicate Listing
34
Address Issues
29
Incorrect Property Type
25
HUD
24
Is Property a Condo
23
Conditions to Compensation
12
Inaccurate Lot Size
12
Listing Input in Incorrect MLS area
11
Partial Bathrooms 5+
9
City Unknown
6
Duplicate Listing in Different Categories
4
Missing Condo Unit Number
4
Address Issues
8
Inaccurate Lot Size
7
HUD
5
Property Condition
2
Following are the courtesy notifications sent to RMLS™ subscribers in March 2020:
Category
March
Multiple Owner Names in First Field
560
Listing is Set to Expire
465
Listing Still Pending
270
New Listing Input Over 24 Hours
72
Listing Status Change over 24 Hours
2
When we notice an uptick in a specific type of violation (perhaps a rule recently changed or market conditions lead to an increase in a certain type of issue), we may also put a notification up on RMLSweb, educating subscribers before one of their listings gets flagged and we need to contact them.
RMLS™ Data Accuracy can be reached via email or by phone at (503) 236-7657 if you ever have questions about the RMLS™ Rules and Regulations, if you wonder whether a specific listing has inaccurate data, or if you want to chat with us more about the above information.
As a REALTOR®-owned MLS, RMLS™ should stay in compliance with the National Association of REALTORS® (NAR) MLS Model Rules. For 2020, NAR made several changes to the MLS Model Rules that are mandated. The first mandatory change was reviewed and approved by the RMLS™ Board of Directors at their January meeting and became effective on February 17, 2020 which resulted in a change to Section 8.3.
The second part of the 2020 NAR Model Rule changes were reviewed and approved by the RMLS™ Board of Directors and will become effective on April 30, 2020. The changes incorporate the NAR-mandated Clear Cooperation MLS Policy 8.0 that governs the public marketing of listings and their entry into the multiple listing service. Within one (1) business day of marketing a property to the public, the Seller’s Agent must submit the listing to the MLS for cooperation with other MLS participants.
For more information regarding this policy, please see these NAR resources:
Title changed to “Authorization to Exclude from MLS and Public Marketing Addendum”
Section 1 – updated the subscriber count
Section 2 – Updated the title of the addendum and added “…and from public marketing.” to the last sentence.
Section 5 – Added “…or publicly marketed in any way.” to the last sentence.
Section 6 – The entire section was replaced with the following text: CLEAR COOPERATION/PUBLIC MARKETING: Within one (1) business day of marketing the property to the public, the property no longer qualifies to be excluded from the MLS and the Participant must submit the listing to RMLS™ for cooperation with other MLS Participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communication marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.
Section 8 – Text referencing “…public marketing…” was added in several locations.
Frequently Asked Questions
Why was this policy approved? MLSs and Brokers from across the country asked NAR to consider policy that will reinforce the consumer benefits of cooperation. The MLS creates an efficient marketplace and reinforces the pro-competitive, pro-consumer benefits that REALTORS® have long sought to support. After months of discussion and consideration within NAR’s MLS Technology and Emerging Issues Advisory Board, this proposal was brought forth for the industry to discuss and consider, then approved by NAR’s Board of Directors.
Who made the decision that this policy was needed? NAR’s MLS Technology and Emerging Issues Advisory Board is made up of brokers and MLS executives from across the country. Two dozen volunteers review industry concerns from a wide range of business and regional viewpoints. Potential policy changes are discussed within the group to create a positive impact on the industry and to address broker needs within the marketplace. The policy was strongly supported by the NAR MLS Committee and the NAR Board of Directors.
Do ALL REALTOR® Association MLSs have to adopt the MLS Clear Cooperation Policy? Yes. By establishing a national policy, it is mandatory that all REALTOR® Association MLSs adopt the policy and have the same consistent standard.
Can a seller or the listing broker “opt out” of the policy’s obligations? No. The new policy does not include an “opt out.” Any listing that is “publicly marketed” must be filed with the service and provided to other MLS Participants for cooperation within (1) one business day.
Does Policy Statement 8.0 prohibit office exclusives? No. “Office exclusive” listings are an important option for sellers concerned about privacy and wide exposure of their property being for sale. In an office exclusive listing, direct promotion of the listing between the brokers and licensees affiliated with the listing brokerage, and one-to-one promotion between these licensees and their clients, is not considered public advertising.
Common examples include divorce situations and celebrity clients. It allows the broker to market a property among the brokers and licensees affiliated with their brokerage. If office exclusive listings are displayed or advertised to the general public, however, those listings must also be submitted to the MLS for cooperation.
Does Policy Statement 8.0 require listings to be submitted to the MLS if they are advertised to a select group of brokers outside the listing broker’s office? Yes. “Private listing networks” that include more brokers or licensees than those affiliated with the listing brokerage constitute public advertising or display pursuant to Policy Statement 8.0. Listings shared in multi-brokerage networks by participants must be submitted to the MLS for cooperation.
Does Policy Statement 8.0 apply to non-active listings? Yes. Policy Statement 8.0 applies to any listing that is or will be available for cooperation. Pursuant to Policy Statement 8.0, “coming soon” listings displayed or advertised to the public by a listing broker must be submitted to the MLS for cooperation with other participants.
Does Policy Statement 8.0 apply if there is no listing agreement on file? MLS compliance, including NAR® policy 8.0, is activated once a listing agreement is signed by all required parties. For scenarios in which no listing agreement is in place, RMLS™ recommends that you consult with your broker and/or reach out to your state association for information if you suspect/or have concerns about a FREC/Code of Ethics violation.
What is the meaning of “business day?” Business days exclude Saturdays, Sundays and holidays. For consistency among all REALTOR® Association MLSs, the approved timeframe is 1 business day.; “holidays” include all recognized federal and state holidays.
Is the new policy consistent with Article 3 of the NAR Code of Ethics? Yes. By joining the MLS, Participants agree to be bound by the MLS Rules and Regulations. Per the policy’s rationale, the public marketing of a listing indicates that the MLS participant has concluded that cooperation with other MLS participants is in their client’s best interests.
Can I advertise a property on third party websites? The MLS exists to facilitate cooperation and compensation. If you choose to advertise a property without a listing agreement on third party websites your compensation and/or broker participation is not guaranteed.
Can I market my excluded listing on Social Media? For properties that have an Authorization to Exclude from MLS and Public Marketing Addendum, and the like, filed with RMLS™, all forms of social media marketing during the exclusion time period violate the 8.0 policy.
Prior to this rule change if a property was excluded from the MLS and then the sellers had a change of heart and wished to publish the property in the MLS they had to wait 30-days after the expiration of the contract in order to list the property in the MLS. Does this apply? Once this new rule goes into affect, the 30-day waiting period will be removed.
That said, RMLS™ is happy to guide you through a specific situation or answer questions you may have. Contact the RMLS™ Data Accuracy staff at (503) 236-7657; we are happy to help answer your questions!
