The RMLS™ Rules and Regulations Committee has requested that reports about the number of formal violations, the type of violations, and the results get shared periodically with subscribers. Read “If a RMLS™ Rule is Broken, What Happens?” for a deeper explanation.

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.

Violations in 2017

Six formal violations were submitted in 2017, resulting in a total of $2,350.00 in fines being sanctioned. One RMLS™ subscriber had lockbox privileges suspended. The cited violations were as follows:

Section 5.1.L. Unauthorized Use of RMLS™ Lockbox Access Device or Method
• Not following showing instructions (3)
• Entering a property while in pending status (PEN) without prior approval (2)
• Using the lockbox system for purposes other than real estate business (1)

Violations in January through April 2018

During January through April of 2018, four formal violations were submitted resulting in a total of $800 in fines being sanctioned. The cited violations were as follows:

Section 5.1.L. Unauthorized Use of RMLS™ Lockbox Access Device or Method
• Entering a property while it was in pending status (PEN) without prior approval (2)

Section 5.1.S. Marketing of Listing Prior to RMLS™ Publication
• Marketing a listing prior to publication in RMLSweb (2)

The committee also discusses potential changes to the RMLS™ Rules and Regulations and makes recommendations to the RMLS™ Board of Directors. Subscribers are welcome to submit suggestions to the committee—contact Data Accuracy staff for more information via email or by calling (503) 236-7657.

Not all REALTORS® who subscribe to RMLS™ have an intimate familiarity of the RMLS™ Rules and Regulations. This is why the Data Accuracy staff work hard each day to reach out to subscribers and correct issues that have been spotted in listings or address other concerns called in by fellow REALTORS®.

As Data Compliance Manager I’m relatively new to RMLS™ but one of my roles is to educate subscribers about the RMLS™ Rules and Regulations in our ongoing effort to ensure data accuracy on RMLSweb.

One of the most basic questions our subscribers may ask themselves is this: what happens when a RMLS™ subscriber breaks one of the RMLS™ Rules?

The answer depends on the rule, and whether a formal complaint was received. There are two types of issues that get sent to us. The most common of these is done using the report issue button that is found on the listing in RMLSweb, calling the RMLS™ Help Desk, or sending an email to rules@rmls.com. This is an anonymous process and is helpful to us in identifying errors on listings as well as rules violations.

The second type is the formal violation. A formal violation is not an anonymous process and involves accusations of rule breaking that could carry a sanction. These are far less common but we take them very seriously when they happen. Between January and July 2017 RMLS™ had received six formal violations. All of them were regarding various misuses of a lockbox (Section 5.1.l. Lockbox Access). Of those, three were for not following showing instructions, two were for entering a property while it was in pending (PEN) status and the last was for using it, the lockbox, for something other than real estate business. The six violations were reviewed by the Rules Committee and a total of $1,350.00 in fines were sanctioned. In one case, lockbox privileges were suspended.

The RMLS™ Rules and Regulations Committee has requested that reports about the number of formal violations, the type of violation, and the result get shared periodically with subscribers. RMLS™ will be reporting updates throughout the year, so keep watching for these reports throughout the year!

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 TT,

I am SOOOOOO frustrated! I was watching a property using the new Watch List feature on RMLSweb. I have a client that was interested in purchasing it if it ever hit the market again. Well I found out today that not only did it come on the market but it’s already pending! What gives? Why was I not notified? I have a very upset buyer!

Watching for Nothing

Dear WfN:

You did not mention how you were watching the property—MLS number or Tax ID—but based on what happened, I suspect that you were watching the MLS number for an off-market record of the property.

The way Watch List works, it’s looking for activity on either the MLS number or Tax ID. Since the MLS number you were watching was off-market it would never have any additional activity to trigger a Watch List notification. You should always watch the Tax ID number if the property is in some off-market status. That way if the property is relisted, you will be notified immediately.

Sorry to hear about your lost sale, WfN! Now that you know the crucial difference between watching a MLS number and a Tax ID, I’ll bet you’ll never have this issue again.

Technical Terry

Hello Technical Terry-

The other day I got my very first Watch List notification—a property on the Oregon Coast that had just gone on the market. The only trouble is, I don’t know why I was watching it! Was I just testing the system? Was it for a past client who was looking for a vacation home? Was it for a prospective client? I just don’t remember! Can RMLS™ help?

Laurie in LO

“L-O,” Laurie! (See what I did there?)—

One enhancement request we’ve heard from more than a few RMLS™ subscribers is to add a notes field for each Watch List item. Any notes the user enters could help jog his or her memory about why the property is on the list. If the Tax ID number you’re watching comes back on the market in two years (or more!), will you remember why you were interested in it? Other RMLS™ subscribers have expressed their desire for some kind of reference point.

Our development team has been super busy lately with the RMLSweb forms change project and the new mapping module but once they get some breathing room I suspect you’ll see this feature added to Watch List.

Terry on the WWW

Greetings, Technical Terry:

I’m new to RMLS™—I just moved to the Portland area from Arizona. Can you tell me about how the rules are different at RMLS™ compared to the market where I spent the last ten years? One of my coworkers told me that branded tour videos aren’t allowed on RMLSweb which is much different than what I’m used to. Where do I start to learn how things work in my new market?

Eager Beaver

Greetings, Eager Beaver:

Welcome to the Pacific northwest! And what a refreshing, proactive approach to learning about your new market. It’s true, Section 3.24 of the RMLS™ Rules and Regulations prohibits personal advertising and branding in listing information, which includes video and virtual tours—so your education is already underway.

If you’re specifically looking for a rundown on RMLS™ rules, I’d recommend attending the RMLS™ Rules and Regulations class offered at RMLS™ offices. If one of the scheduled classes is inconvenient for you, RMLS™ trainers can also come to an office meeting to present a class! Just email training@rmls.com or call (503) 236-7657 to set up an appointment.

Even after you take the class the RMLS™ Data Accuracy team is here to help you navigate the RMLS™ Rules and Regulations. They field questions from RMLS™ subscribers every day about the rules and the listing data on RMLSweb. They can be reached via email at dataaccuracy@rmls.com or call (503) 236-7657.

That should be enough to get you started, Eager Beaver, but I would be remiss if I didn’t gently suggest having a thorough read of the RMLS™ Rules and Regulations yourself to see what you find. A direct link to the document can be found on the RMLSweb desktop page under the Links menu in the left sidebar. You’ll be an expert on your new market in no time!

Technical Terry

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.

Ever find an under construction listing on RMLSweb and wonder why an actual home appears in the photographs? Ever show an empty house and wonder where all the furniture in the listing photos went? We’d like to help.

RMLS™ will release a new feature Monday, August 22nd, designed to help clarify listing photos uploaded to RMLSweb. Two types of photos will now require watermarks: photos with virtual staging, and photos of a model home.

Photos that are virtually staged include furniture and other items that have been added electronically to a photograph. Under construction or proposed listings that feature an actual built house in photographs are not an exact representation of the listed property, and as such will need to be flagged as a sample image.

If you have a listing with either or both of these features, you can set the watermark(s) in Listing Load on RMLSweb. Open the photo loader, and check the appropriate box(es) in the right hand corner. Don’t forget to save the changes.

Checking these boxes will create watermarks on listing photos that read “virtually staged” or “sample image,” eliminating confusion about the photographs.

Saving a photo with checkbox(es) marked permanently alters the image stored on RMLS™ servers. This means if you accidentally add a watermark in error, you’ll need to delete the photo and upload a clean copy using the photo loader.

Do note that when preparing a new listing, the listing will need to be published before the Sample Image box is available in Listing Load.

The RMLS™ Rules and Regulations have been revised to reflect these new photo requirements, which take effect as soon as the feature is rolled out on Monday, August 22nd.

Confused by the new change? Need advice about a specific listing? Contact the RMLS™ Help Desk at (503) 872-8002 or (877) 256-2169.

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.

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!

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.

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.

This is a blog post by RMLS™ Data Accuracy Liaison Vallerie Bush (at left). Vallerie is a 15-year veteran of RMLS™, including over a decade working with RMLS™ Rules and Data Accuracy.

Do you know the difference between ER and EA?

There are a number of terms used in RMLSweb listings that are rather technical and may seem confusing. The following is a list of some commonly used terminology and their meanings which will help you when entering or viewing a listing:

Exclusive Right to Sell (ER):  This is one of the options in the “List Type” field. The seller gives the Listing Broker the exclusive right to sell their property for a specified period of time and authorizes the Listing Broker to cooperate with and compensate other RMLS™ brokers, with no exceptions.

Exclusive Agency (EA):  The exclusive agency listing also authorizes the Listing Broker, as exclusive agent, to offer cooperation and compensation on blanket unilateral bases to other RMLS™ brokers, but the seller reserves the right to sell the property without paying a commission, if the buyer is not obtained by the listing agent or their advertising and marketing efforts. You must select EA in the “List Type” field if an Exclusive Agency agreement exists.

Dual or Variable Rate Commission Agreement:  This is an  arrangement in which the total commission paid by the seller is variable and dependent on who brings in the buyer.  For example, the commission offered by the seller may be different should the property be sold by the listing broker, than if the listing is sold by a cooperating broker.  You must enter a YES in the “Total Comm. Differs” field of your listing if an agreement exists.

Owner:  The term “Owner” can represent: 1. the person or persons who have legal ownership of the property; 2. their authorized agent; or 3. someone with the legal right to sell the property. However, the RMLS™ definition of the term owner does not include a person or persons who merely has the right to purchase the property, but does not yet own it. The owner’s name is required to be entered in the listing under “Owner” field unless an Owner Name Omission Form or similar document is submitted to RMLS™.

If you have any questions, contact us at rules@rmls.com or at (503) 236-7657.