by Wanda Kennedy | Aug 6, 2014
The RMLS™ Data Accuracy team has noticed an upswing in reports about personal promotion on RMLSweb—particularly on video tours—the past several weeks.
What the Rules Say
Here’s what the RMLS™ Rules and Regulations say about personal promotion on RMLSweb:
3.24 Personal Promotion and Contact Information in Public Remarks and on Photos Prohibited
Listings submitted to RMLS™ may be used to provide information pertinent to the listed properly only and may not be used to provide broker, seller, or lessor contact information, or to advertise a subscriber’s services to the public by way of direct or indirect advertising or “branding” of the listing data (through linking or otherwise), including photograph(s). This rule does not prohibit the accidental inclusion of yard signs in photographs. “Virtual tours” and “video tours” may not include “branding” or personal advertising in the body of the tour. RMLS™ may remove personal promotion from public remarks or photo(s) with personal promotion.
In other words, only a description of the property is permitted in public remarks, and only imagery of the property is permitted in photos or videos.
Examples of Personal Promotion in a Listing:
Examples of Acceptable Listing:
According to the RMLS™ Board of Directors “personal promotion” on your RMLSweb listing includes (but is not limited to) the name of the listing broker/agent, any contact phone numbers, website links (if that website provides any information other than a description of the property), and 1-800 numbers with recorded messages that “capture” information from the caller. Virtual and video tours must be unbranded and contain only images of the property.
We don’t want to remove your hard work from RMLSweb, but our job ensures listing data quality on RMLSweb and beyond, as well as fairness to all our subscribers. Contact the RMLS™ Data Accuracy Department at (503) 236-7657 if you want to discuss your listings with us.
by RMLS Communication Department | Jul 24, 2014
This article is part of our series Ruleschool, where we take a closer look at selected parts of the RMLS™ Rules and Regulations.
We’re going to take a closer look today at a couple of rules we commonly speak to subscribers about: Sold, Not Listed (SNL) listings and manufactured homes.
Sold, Not Listed (SNL) Listings
Do you know when to enter a listing as SNL?
3.27 Sold, Not Listed Records. RMLS™ subscribers may enter information on properties sold to a represented buyer that were not listed in the RMLS™ system, which can include properties offered for sale by owner, through a non-RMLS™ broker, or listed with an RMLS™ participant office as an office exclusive where the listing office declines to enter the information after the sale. The selling agent entering the information is responsible for the accuracy of the content. These records will be clearly marked with a status “Sold, Not Listed” and display “Non-RMLS” as the listing agent and office. Submission of listing of sold properties not filed with RMLS™ by participants for comparable purposes requires the authority of the buyer or seller. This section does not apply to the Commercial Lease category.
The most common question asked about this status is, “can I enter the listing as SNL if I represented the seller?” The answer is no since the listing would automatically default the listing agent and listing office to non-RMLS™. The proper use of an SNL listing would be if the seller/owner was not represented, they were represented by a non-RMLS™ broker, or the listing was an office exclusive and not entered into RMLSweb.
Manufactured Homes
On just one morning this week, our office had six conversations about entering manufactured listings into RMLSweb! Here’s what the RMLS™ Rules and Regulations say:
3.6 Manufactured Housing. Listings involving manufactured homes must be identified. These listings are denoted as either including the sale of real property or not including the sale of real property by using the correct abbreviation in the Property Type field.
In the Property Type field you would either use RES-MFG (including real property) or IN-PARK (not including real property). By using either of these property types, the style field allows you to mark either DBL-WIDE, MANUFHS, SIN-WIDE, or TRI-WIDE to define the type of building.
There have been several inquiries recently regarding these types of listings. Be sure to accurately describe the property for sale by checking the appropriate boxes and using the drop down menus when available.
Confused by one of the RMLS™ Rules and Regulations? Leave a comment below or contact us via email to suggest a topic you’d like to see next time.
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!
by RMLS Communication Department | Apr 25, 2014
Update (May 28, 2014): RMLS™ recently prepared a FAQ document about the office exclusive changes.
As announced earlier this spring, RMLS™ is bringing changes to our office exclusive form and policies. These changes now have final approval by the RMLS™ Board of Directors and will take effect May 5, 2014.
After carefully considering additional input from subscribers, RMLS™ changed the original revisions in the following ways:
• Removed the requirement to submit a copy of the listing contract when submitting a signed office exclusive form.
• The RMLS™ Rules and Regulations have been revised to reflect that new construction is handled differently.
Retained is the language that prohibits beginning any marketing before “date marketing to begin.” This topic generated much of the discussion among subscribers, but RMLS™ President Kurt von Wasmuth recently explained some important details in how the rule will be administered:
The basic point of the changes to this (Section 3.2) is to prohibit marketing of a listed property unless the listing broker either submits the listing to RMLS™ or submits an office exclusive form for that listing within the time limits specified. The rule describes marketing activity as including—among other things—placing a sign on the property, social media or internet exposure, or direct marketing of the property to brokers or consumers. This rule does not prevent a listing broker from engaging in general, non-specific discussions about a property that will soon come on the market. Examples of these general discussions would be a broker’s announcement about property in a neighborhood “coming soon” during a company sales meeting, with X bedrooms, Y baths, and a certain kind of yard in a certain price range.
Falling under the rule would be specific marketing efforts regarding a particular property, such as identifying an address, a listing price, and the like. These constitute direct marketing, and in that case the listing either needs to be entered into RMLS™ within 72 hours of signing or the signed office exclusive form needs to be sent to RMLS™. This approach was designed to allow reasonable “pre-marketing” activities that the brokerage community generally regards as common, fair, and helpful to sellers, while preserving the basic premise of any MLS that all participants share their listings on a timely basis, unless a seller has made an informed choice to withhold a property from the MLS.
View a redlined version of the RMLS™ rules impacted by these finalized changes.
View the new Office Exclusive/Authorization to Exclude Addendum.
View redlined versions of the Oregon and Washington listing contracts.
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.
