Ask Technical Terry is a series RMLS™ aims to offer once a month. RMLS™ subscribers will drive the content—submit any question about RMLS™ to Technical Terry in the comments or by emailing communications@rmls.com. Don’t be shy—we won’t identify you by name.

Dear Technical Terry:

Can you tell me when I need to submit an Authorization to Exclude from MLS Addendum to RMLS™? I recently sent in a form and later learned it was unnecessary.

NRVOUS

Dear NRVOUS:

Don’t be afraid, you’re not the only person who has sent this form to us in error. It sounds like you’re familiar with the changes we recently made to the form, so you’re already ahead of the game.

If you have a signed contract and are not publishing the listing within 72 hours but still do want to market the property before that time, the Authorization to Exclude from MLS Addendum (Document #1260) is required. Complete the form and send it to RMLS™ within 72 hours of signing a listing contract.

There are other scenarios that would require this document to be completed as well, but it can be confusing. RMLS™ is here to help! Contact RMLS™ Data Accuracy at (503) 236-7657 or write us an email if you’re ever unsure about whether your situation requires submission of this form.

Technical Terry:

Why did RMLS™ redo the Office Exclusive form? As my uncle always said, if it ain’t broke, don’t fix it…

Donald in Sutherlin

Hi Donald—great question. My uncle always used to say time heals all wounds. He died of an infected bedsore at the age of 76. But I digress…

I reached out to our Data Accuracy expert Vallerie Bush for more information about the story behind the new Authorization to Exclude from MLS form.

Vallerie reports that the name of the form itself was changed to better reflect what the form is being used for: when a seller is choosing to exclude their listing from RMLSweb. This could be the duration of the listing contract or a shorter length of time.

The look of the form also changed a bit, but the content is pretty similar. After each paragraph, the seller is asked to initial each point reflecting their understanding of each.

What’s the big idea behind these changes? The committee wants sellers to be informed about the value of listing their property on a multiple listing service, and precisely what they’re opting out of by signing the form.

Finally, Vallerie points out that because the title of the form changed, the RMLS™ Rules and Regulations and listing contracts for Oregon and Washington were also updated to reflect the new title.

Does that help, Donald? If you’re looking to dig deeper, we do have a FAQ document on RMLSweb about the Authorization to Exclude changes.

Hello, Technical Terry:

The other night I was checking out some Agent Fulls on RMLSweb and clicked on the listing agent’s name. A box came up with the agent’s name, contact information…and their photo! How did they get their photo to display on the report?

Peanut Butter and Jelly Jacqueline

Hello PB+JJ:

It sounds like you may have missed the RMLSweb roster improvements we made back in January. Uploading an agent photo as part of your roster information is so simple, you might be embarrassed when I tell you how to do it. Navigate to User Preferences—get there by clicking on your name on the upper right corner of RMLSweb.

Choose the tab on the left that says “My Photo.”

Then click Browse to select the photo file, and click the Upload button to finish. Voilà! Your photo will appear whenever agents click your name in an Agent Full or search for your roster information.

We’d love to see a sea of friendly REALTOR® faces on RMLSweb, so get that photo uploaded! Thanks for your question, PB+JJ.

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.

UPDATE (April 25): Office Exclusive Changes Finalized
RMLS™ has finalized changes to office exclusive policies, effective May 5, 2014.

————–

UPDATE (February 28): Office Exclusive Changes to be Delayed
A significant number of questions were raised when we outlined changes to the office exclusive form, rules, and contracts. RMLS™ will be delaying the release of these changes until we can work through these concerns and clarify details. If you have a comment, please email communications@rmls.com. We anticipate this process will be worked out by the end of March.

————–

There has recently been a lot of national buzz about pocket listings. The RMLS™ Board of Directors and Rules Committee received several inquiries over the past year about the practice, and how pocket listings affect our own real estate community. So at the November 2013 meeting of the Board of Directors, the Office Exclusive Task Force was appointed to evaluate the issue of office exclusives and pocket listings.

The Office Exclusive Task Force was comprised of five members of the RMLS™ Board of Directors: Mark Meek (Task Force Chairman), Rick Jenkins (Chairman of the Rules and Regulations Committee), Ed Petrossian, George Perkins, and Steve Lucas.  They looked at and discussed our current policies and rules regarding Office Exclusive listings and various interpretations among subscribers about List Date and Date Marketing to Begin.

Their recommendations were presented to the RMLS™ Board of Directors at their February 2014 meeting. The recommendations were approved and will take effect March 3, 2014. Three documents are affected:

• The Office Exclusive Addendum (Authorization to Exclude) form has been totally revamped. This form will be required when a seller elects to opt out of placing their property in RMLS™ along with a copy of the Listing Agreement. This new form informs the seller(s) of the risks of excluding their property from the multiple listing service (MLS).
• The RMLS™ Rules and Regulations were modified to define marketing and clarify the difference between the effective date of a listing, when all the necessary signatures have been obtained, and the Date Marketing to Begin which can be a later date. Also, a new sanction was added for marketing of a  property prior to publication in RMLS™.
• The Listing Contract language for Oregon and Washington was changed to be in harmony with the changes to the RMLS™ Rules and Regulations.

The Office Exclusive Addendum will now cover all the benefits of MLS publication so that the seller is fully informed. Some of the concepts include the wide distribution of property information to more than 10,500 other real estate brokers who subscribe to RMLS™, bringing together buyers and sellers in an efficient marketplace. RMLS™ subscribers are REALTORS® who abide by the NAR Code of Ethics. Cooperation among brokers from many brokerage firms, by including the listing in the MLS, increases a seller’s chances of identifying a qualified buyer and obtaining fair market value for the property. It also helps provide a rich database in which subscribers can identify comparable properties for CMA reports and valuable statistical information.