The MLS Rules Committee regularly meets to review current and emerging rules-related issues, both those raised by MLSListings subscribers as well as the latest recommendations provided by the California Association of REALTORS® (CAR)—based on rules issues raised to visibility across the state, known as ‘CAR Model’ rules changes. As needed, the recommendations of the Committee are presented to the Board of Directors for consideration and possible adoption into the official MLS Rules.
On March 16, the MLSListings Board of Directors approved rules changes, as presented by the MLS Rules Committee, pertaining to commission negotiations, showing rules, the sharing of MLS content, historical data, and key and lockbox use clarifications. These rules are effective immediately, and are outlined below. If you have any questions regarding these or any MLS rules please call MLSListings Compliance at 408-874-0208 option 5 or email compliance@mlslistings.com
The below rules changes are CAR Model Rules Changes, adopted by the Board of Directors:
Added the following text at the end of the existing rule 7.15.2, Lender Approval Listings: “This section does not allow an additional reduction from the commission offered for items such as a short sale negotiator fee or other administrative costs of the transaction. Any reductions from the commission offered for such items should be factored in as a reduced amount the listing broker initially offers to a cooperating broker and may not be made a condition of the offer.” Impact of change: Codifies the MLS’s current practice of requiring that listing brokers reduce their initial offer of compensation instead of attempting to force cooperative brokers to pay facilitators or negotiators hired by the seller.
Added rule: 9.10, Presence of Participant or Subscriber. A Participant or Subscriber must be present on the property at all times when providing access to a listed property unless the Seller has consented otherwise. Impact of new rule: Agents must accompany their clients when showing a property at all times unless the Seller provides permission.
Added the following text to 11.1.1, “MLS Content” Defined: “all printouts of data and content from the MLS computer database, and all MLS publications.” Impact of change: Adds definitions to include printed media and publications as MLS content.
Modified section 11.4, Authority to Put Listings in MLS Compilation as follows: By submitting any property listing data form to the MLS or inputting listing information into the MLS compilation, broker participants and real estate subscribers represent and warrant that they have been authorized to grant license and also thereby do grant authority for the MLS to include the property listing data in its copyrighted MLS compilation. By submitting any property listing data form to the MLS, broker participants and real estate subscribers represent and warrant that they have been authorized to report information about the sales, price and terms of a listing, have authority to grant and also thereby do grant authority for the MLS to include the sold information in its copyrighted MLS compilation, except where excluded under section 8.1.1. Impact of change: Requires added assurance of broker authority right to include content in the MLS.
Adopted the following rule: 11.8 Database Preservation. No data may be removed from the MLS compilation other than by the service. Although a listing may be removed from display in the MLS compilation of current listing information, all data submitted to the MLS will remain in the database for historical and other purposes approved by the service. Impact of new rule: Provides for historical data to be preserved. An individual may not require content to be removed.
Added the following sentence to 13.3, Key Use and Service: Keys may only be used for the purpose of facilitating the sale or lease of a listed property. Impact of change: Keys may not be used for any other purpose e.g. repair or other access.
Modified the language of 13.7, Removal of Lockbox, as follows: Within three business days after close of escrow, cancellation or expiration of the property listing, the lockbox must be removed. Impact of change: Provides clarity on conditions for lockbox removal.
Additionally, the Board approved the following MLSListings rules change, not based on any CAR Model rules change:
Modified 9.1.1 as follows: “9.1.1 Showing Access. Upon entry, listings must be available to show within three business days. Listings that specify “make offer subject to inspection” must be tenant occupied or present a safety or security issue, which shall be noted in the confidential remarks. Listings which the seller does not want to show subsequently must be temporarily withdrawn. Impact of change: All properties must be available to show within 3 days. Defines use of “make offer subject to” language. Properties that will not be shown must be withdrawn.
|
