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MLS Rule Changes – August 3, 2020

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The following MLS Rules and Regulations modifications will be effective August 3rd. All modifications are notated in red.
 
7.4.1 Time Frame Definitions. Unless otherwise expressly indicated, where compliance time frames set forth ”days,” “days” mean calendar days; “days after” means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 p.m. on the final day; and “days prior” means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. Where “business days” are expressly referenced, “days” exclude Saturdays, Sundays and all recognized federal and state holidays.
 
7.7 Service Area. The MLS’s service area shall be determined by the MLS Committee, subject to approval by the Board of Directors. If CCAR has entered into regional MLS agreements, data share agreements, cross-pollination agreements or a regional MLS corporation with other MLSs and has enlarged the service area as part of the agreement or corporation, submission of the type of listings specified in section 7.5 is mandatory for the area covered by the combined service areas of the Association’s signatory to the regional MLS agreement or part of the regional MLS corporation. Submission of the type of listings specified in section 7.5 input into another MLS is sufficient, if the MLS has entered into a cross-pollination agreement with CCAR.
 
7.7.1 Service Area Defined. The service area covers the following California Counties; Alameda, Contra Costa, Marin, Mendocino, Napa, Solano, Sonoma, Amador, El Dorado, Merced, Placer, Sacramento, San Joaquin, Stanislaus, Yolo, Monterey, San Benito, Santa Clara, Santa Cruz, San Mateo, and San Francisco.
 
7.19.1 Extension for Protected Buyer. In the event a listing broker’s listing has been cancelled or expired but a commission extension right for a protected buyer has been timely activated in the listing agreement and listing broker represents seller in said transaction, listing broker may be considered the “listing broker” for MLS reporting of sale as long as satisfactory documentation is presented to MLS.
 
8.2 Written Documentation. Listing brokers filing listings with the service shall have a written listing agreement with all necessary signatures in their possession. All necessary signatures are those needed to create an enforceable listing, which generally means all named signatories to the listing agreement. In the event there are known additional property owners not made a signatory to the listing, listing broker shall disclose said fact on the service and state whether the listed seller will make the sale contingent on the consent of the additional property owners. Only listings that create an agency relationship between the seller and the Broker Participant are eligible for submission to the service. By inputting a listing to the service, Broker Participants and R.E. Subscribers represent that they have in their possession such written agreements establishing agency and the represented type of listing agreement. The service shall have the right to demand a copy of such written listing agreements and verify the listing’s existence and adequacy at any time. The service shall also have the right to demand a copy of seller’s written authorization required under these rules. If the Broker Participant or R.E. Subscriber fails to provide documentation requested by the service within 1 day after the service’s request, the service shall have the right to immediately withdraw any listings from the data base in addition to disciplining the Participant and Subscriber for a violation of MLS rules.
 
8.5 Buyer, Seller, Purchase and Sale Defined. Except as provided in Sections 7.5 and 7.6,Aall references to the buyer shall also include lessee. All references to the seller shall also include lessor. All references to a purchase shall also include a lease. All references to a sale shall also include a lease.
 
12.5.1 Public Remarks Restrictions and Requirements
  • Information in the public remarks shall only relate to the marketing, description and condition of the property.
  • No contact information is permitted, including names, phone or fax numbers, email addresses or website branded addresses (including branded virtual tours and branded transaction tracking URLs).
  • No showing instructions are permitted, including references to lockbox, alarm, gate or other security codes, or the vacancy of the property. However, a statement that the property shall be delivered vacant is not a violation.
  • No information directed toward real estate agents or brokers, including compensation or bonuses offered to buyer brokers may be shown in public remarks.
 
If you have any questions please contact CCAR MLS Compliance at [email protected] or 925.295.1270

MLS Rule Change 11.5 – Photo Retention

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11.5 Photographs on the MLS.
a. By submitting photographs to the MLS, the participant and/or subscriber represents and warrants that he or she either owns the right to reproduce and display such photographs or has procured such rights from the appropriate party, and has the authority to grant and hereby grants the MLS and the other Participants and Subscribers the right to reproduce and display the photographs in accordance with these rules and regulations. Use of photographs by a subsequent listing agent requires prior written authorization from the originating listing agent or other appropriate party with the legal right to reproduce and display such photographs. Except by the MLS for purposes of protecting its rights under Section 11.6, branding of photographs, virtual tours or any other photographic representation with any information or additional images, is prohibited. However, branded Media Links will be permitted in the Branded Media Link field for the sole purpose of transmittal to 3rd party vendors only. Upon notification to the Participant and/or Subscriber, MLS has the right to remove any photo found not to be in compliance with the MLS Rules.
 
b. At least one (1) photo or graphic image of the front exterior of the property accurately displaying the listed property (except where sellers expressly direct in writing that photographs of their property not appear in MLS compilations) is required to be posted on the MLS within 1 day of submission of the listing in all categories other than business opportunity and Lots and Land.
 
c. To maintain the accuracy and efficacy of the MLS data base, the MLS will no longer remove photos from Sold listings. Alternately, to meet the requests from home buyers and sellers the MLS will update the Sold listings IDX and VOW settings to stop the listing from syndicating.
 
If you have any questions please contact CCAR MLS Compliance at [email protected].

Property Watch (Paragon 5)

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NOW AVAILABLE! Property Watch, a powerful tool within Paragon®, helps real estate agents quickly and easily stay up-to-date with updates that are made in property data to the properties they select. Armed with the most current and immediate data about a property, agents can market their services to potential customers – before the competition does.

Agents automatically receive email alerts when there are changes on their selected properties. Alerts include valuation changes, foreclosures, if a property is listed on MLS, lien changes and more. Agents can use this data a variety of ways, such as being the first to approach a potential lead for a listing when the home value increases.
 
In addition to sending alerts, Property Watch includes a list view that can be utilized as a cart for property data.
 
COMING SOON!
Ability to download lists so agents can sort, email, print or import the data into a customer relationship management (CRM) system.
 
How to “Watch a Property”: 

A Property Watch can be added from the property panel that displays when a parcel is clicked on the map located under the Map Search Tab or the Google Map View of search results.

Clicking on the WATCH PROPERTY option will automatically register the agent to receive email alerts when the aforementioned events occur on the public record. Once enabled, the link toggles to Remove Watch where the watch can easily be removed. 

After a property has been added to a watch, it can easily be accessed from a new TAX menu option called My Property Watches, which is also where agents can access any current alerts.
 
Selecting the My Property Watch option displays a list of any properties that have been set to Watch. The Property Watch grid displays the property panel of the highlighted row for quick access to the additional enhanced public record data. Watches can be removed by highlighting the row and clicking the Remove Watch option.
 
When any of the defined changes occur for a watched property, an alert is generated. Alerts are delivered in an email direct to the agent and displayed in the Alerts Grid. The Alerts grid displays the Tax ID, Address, Alert Type and Alert Date. This data will display after the first alert has been received. Until then, a message will display letting the user know that no alerts have been received on watched properties.
 
When an alert is generated, an email is sent to the watching agent. The Alert Email is a simple, no-reply textual email to notify the agent that some change has occurred. If there are multiple changes on a record, they will be rolled up into the same message.
 
If you have any questions please contact CCAR Member Services at [email protected] or 925.295.1270.

New Shelter-in-Place Order Includes Additions to Essential Real Estate Services

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New Shelter-in-Place Order Includes Additions to Essential Real Estate Services (May 14, 2020)

The New Contra Costa County and other County Shelter-in-Place orders (effective May 4 – May 31st) include most of the prior order’s restrictions, but provides additional limited privileges for certain essential services, including real estate. These new orders apply to all those living/working in Contra Costa, Alameda, Marin, San Francisco, San Mateo and Santa Clara Counties as well as the City of Berkeley.

Members may resume the following activities while still maintaining strict safety and social distancing protocols:

  • Open houses and tours are still prohibited;
  • Virtual showings are preferred. However, if virtual showings are not feasible, occupied properties may be shown under the following conditions:
    • Occupants must leave a property within a reasonable time prior to and following a showing.
    • Only ONE agent may show a property to a maximum of TWO people from the same household;
  •  All previously ordered social distancing and sanitizing protocols apply.
  • Commercial real estate is now classified as an “essential service”
  • Home stagers are now classified as “essential” to the real estate transaction in Contra Costa and Alameda Counties and the City of Berkeley (as of 05/14/20). Please check separate county orders for specifics and/or limitations to this item.
  • All construction activities may resume as long as businesses comply with safety protocols
  • Residential moves may resume
  • Before conducting any business transactions first consult your broker and adhere to specific rules and guidelines established by your respective corporations/firms and the requirements set out in the County/City orders. Members should seek individual counsel for legal and insurance matters.

As previously noted, CCAR continues to work with County officials to further clarify protocols around real estate transactions. We will provide additional information as it becomes available.

Resources:
|  Essential Services Protocol Q&A  >
|  New Order No. HO-COVID19-09 (Apr 29, 2020)  >
|  New CC County Order Frequently Asked Questions  >

State Issues New COVID-19 Guidelines for Real Estate Employers & Transactions

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State Issues New COVID-19 Guidelines for Real Estate Employers & Transactions (May 8, 2020)

The State of California Department of Health and Division of Occupational Safety and Health (CalOSHA) have established new guidelines for employers and agents conducting transactions in the real estate industry. Please comply with the guideline references listed below to remain in compliance with the multi-phased approach to re-entry into the workplace/community and to ensure the health and safety of your employees and clients.

To assist you in your efforts to comply with these guidelines, we have also developed a print-ready flyer for you to post at properties to inform clients that your business practices are within compliance of state-mandated guidelines and that their entry into a property is subject to their compliance with posted rules*.  View/Print Flyer >

RESOURCES:

CDPH/CALOSHA COVID-19 Guidance for Real Estate Transactions (05.07.20) >
This document provides guidance for businesses operating in the real estate industry including sales and rentals of single-family, multi-family, apartment, commercial, and industrial properties to support a safe, clean environment for workers. This document is supplemented with a general checklist (link below) to ensure proper compliance with these guidelines.

Transactions Guidance Contents:

  • Workplace Specific Plan
  • Shown Properties Specific Plan
  • Topics for Employee Training
  • Individual Control Measures and Screening
  • Cleaning and Disinfecting Protocols for Workplaces
  • Cleaning and Disinfecting Protocols for Shown Properties
  • Physical Distancing Guidelines for Workplaces
  • Physical Distancing Guidelines for Shown Properties


CDPH/CALOSHA COVID-19 General Checklist for Real Estate Transactions (05/07/20) >
This checklist is a supplemental worksheet for use with the above listed Guidance for Real Estate Transactions. It is intended to help people involved in real estate to implement detailed plans to prevent the spread of COVID-19 in the workplace. This checklist is a summary and contains shorthand for some parts of the guidance; familiarize yourself with the guidance before using this checklist.

Checklist Contents:

  • Contents of Written Worksite Specific Plan
  • Topics for Employee Training
  • Individual Control Measures and Screening
  • Cleaning and Disinfecting Protocols for Shown Properties
  • Physical Distancing Worksite Guidelines
  • Physical Distancing Guidelines for Shown Properties


COVID-19 Resilience Roadmap (05/08/20) >
As a supplement to its stay-at-home orders (03/29/30, 05/04/20), the State of California has posted a new feature on their website describing the specific stages of reentry into the workplace/public places. Now moving into Stage 2, California is allowing lower-risk workplaces to gradually re-open with specific safety protocols in place. This site provides guidelines for each of the four steps of gradual reopening of business and end of stay-at-home orders.

*Note: Guidelines specify that virtual property showings remain the preferred method of property viewing and live in-person showings should be restricted to only those instances when virtual viewing is impossible.