CCARToday - Contra Costa Association of REALTORS

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MLS Disables Showing Information Functionality

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April 7, 2020  |  4:40 pm

MLS Disables Showing Information Functionality

URL Links: Members are permitted to enter a branded, unbranded virtual tour or live stream open house links in the public remarks.

 

Showing Information (Updated, April 2nd): Showings must conform to the strictest limitations imposed by government entities for the jurisdiction within which the property is located.  All MLS Participants and Subscribers are strongly encouraged to fully inform themselves of the Orders and Directives affecting the showing of property within the jurisdiction of the property. Showing must only occur virtually or, if a virtual viewing is not feasible, by appointment (Vacant Properties only) with no more than two visitors at a time residing within the same household or living unit and one individual showing the unit (except that in person visits are not allowed when the  property is being lived in).  Members are permitted to add “Shown By Appointment” (Vacant Properties only) only in the confidential remarks.  All other showing instructions are not allowed in the MLS and will be removed.

MLS Disables Open House/Tour Functionality

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April 7, 2020  |  4:40 pm

MLS Disables Open House/Tour Functionality

In accordance with the Contra Costa County Shelter in Place order and in the best interest of members, clients and the community, CCAR, Bay East Association and bridgeMLSs have temporarily shut down member’s ability to schedule, promote and access open houses and broker tours, effective immediately. We will continue to keep you updated as news becomes available.

The Contra Costa County Shelter in Place Order is a mandatory Legal Order issued under the authority of California law. Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code § 120295, et seq.)

Alternative Tools to Replace Open Houses 
There are a number of software options available to conduct “virtual showings” that can be combined with mobile video chat applications:

·       Facebook: The simplest way is to use the camera app on your mobile phone, or social media solutions like Facebook Messenger and Facebook Live.

·       Homesnap Pro: Users of this application can create video stories for free, attach them to their Homesnap listings and promote via social media channels. Visit: https://blog.homesnap.com/introducing-homesnap-stories/

 

For more information, visit C.A.R.’s Guide for Open Houses and Showings. and NAR’s Open House Guidance.

Social Distancing Protocol for Essential Services

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URGENT! DEADLINE THU, APR 2 by 11:59 pm– Real Estate Firms Must Prepare/Post Social Distancing Protocol to Qualify as Essential Services

Brokers and Office Managers must follow the instructions below by 11:59 PM THURSDAY, APRIL 2, 2020:

1.  Print, complete the Appendix A: Social Distancing Protocol 

2.  Print County Order HO Covid19-03

3.  Post completed form and County Order at all business facilities where they can be easily viewed by the public and employees: (1) at the entrance (i.e., front door/window) and (2) in staff rooms or wherever employers display employment and wage information.

4.  Send an email to each employee and agent and attach County Order HO Covid19-03; retain a copy of each email on file to present to enforcing agencies.

5.  Every week confirm to employees and agents that this Covid-19 “essential services” social distancing protocol remains in effect and is enforceable; maintain weekly record of confirmation that this has been executed.

CCAR continues to work with county officials on your behalf to further refine and define the standards of practice for residential real estate firms. We will provide updates as they become available.

Residential Real Estate Classified as Essential Service

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Real Estate classifed as an “essential service” by Bay Area counties; expanded social distancing orders apply

In response to increased cases of coronavirus in the Bay Area over the past two weeks, local counties* issued a joint press release today which includes updates to existing Bay-Area-wide COVID-19 stay-at-home mandates for all residents and a revised list of “Essential Services” which now includes residential real estate. Acceptable business practices for essential service providers, along with expanded health and safety restrictions have been instituted. All REALTORS®, Affiliates and their clients must comply (see County Health Services FAQ). CCAR leadership and staff continue to work with County officials to further refine and define these orders to better meet the unique needs of members and their clients. Ongoing updates will be provided.  

 

In addition to naming real estate as an “essential service” this joint order extends the stay-in-place expiry date from April 7 until May 3, 2020, to further protect public health and preserve critical hospital capacity across the region. This new order, effective tonight, March 31st at 11:59 pm, supersedes the previous Contra Costa County order and serves as a supplement to Governor Newsom’s indefinite statewide stay-at-home order.

 

READ CONTRA COSTA COUNTY ORDER   |  READ ALAMEDA COUNTY ORDER

 

Important Guidelines for REALTORS®

While real estate has been classified as an “essential service” both locally and nationally,” it does not authorize a business-as-usual atmosphere. REALTORS® must follow strict industry-specific guidelines. Failure to comply is a misdemeanor punishable by fine or imprisonment and may result in discipline from State and other organizations.

 

Among the comprehensive list of guidelines set forth in the new multi-county order, the following orders pertain specifically to essential service providers—CCAR members, including real estate agents, escrow agents, notaries, and title companies (updates will be provided on an ongoing basis):

–      Residential viewings may only occur virtually, or if virtual viewing is not feasible and the residence is unoccupied, by appointment with no more than two visitors from the same household and one person showing the unit. 

 

Guidelines for Clients & Customers

–       Individuals may move residences only if it’s not possible to wait until after the Order expires. In other words, you can move if the move is already planned or if it’s necessary to maintain shelter, to stay safe, or to stay in a livable residence.

–       Moving services that facilitate residential or commercial moves allowed by the order require mandatory social distancing for everyone, including essential workers.

–       Arborists, landscapers, gardeners, and similar service professionals are essential businesses, but only to provide services necessary to maintain the habitability, sanitation, operation of the business or residence or for the safety of the residences, employees or the public.  This means they can provide services for fire prevention, like weed abatement, but they cannot provide services that are cosmetic or that constitute general upkeep.   

 

* Contra Costa, Alameda, Berkeley, Marin, San Francisco, San Mateo, Santa Clara

 

MLS RULE CHANGES Dec ’19

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For Sale

MLS RULE CHANGES (CCPA)

Effective January 1, 2020, the following MLS Rules & Regulations changes will be enforced. Additions, deletions and changes identified in red.

11. OWNERSHIP OF MLS COMPILATIONS/COPYRIGHTS;

DATA RIGHTS AND RESPONSIBILITIES OF THE SERVICE

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 (unless the service itself removes said data in accordance with other provisions of these rules).

11.10.  Data Privacy.  By participation in the service, Participants and Subscribers: represent and warrant that they have given all lawfully required privacy notices asn opt-out rights to their respective seller and buyer clients whose personal information, as defined in the California Consumer Privacy Act (“CCPA”) may be submitted or included in the MLS compilation. C.A.R. Standard Form CCPA may be used to satisfy the notice requirements set forth in this rule, but if an alternate document is used, it must show that required privacy notices and opt-out rights have been given. All Participants and Subscribers are required to comply with this rule’s notice requirements regardless of whether they are considered a “business” or “third party” or otherwise under the CCPA. The service shall have the right to demand a copy of written verification that such lawfully required privacy notices and opt-out rights have been given at any time. If the Participant or 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 database in addition to disciplining the Participant and Subscriber for a violation of MLS rules.

In the event the MLS receives a consumer opt-out or deletion request, the MLS reserves the right to remove or delete personal information as may be, in its discretion, necessary to satisfy or otherwise accommodate the CCPA. The MLS’s obligation to do so will vary given the circumstances and the extent to which the MLS is covered by the CCPA, thus the MLS also reserves the right to reject what it determines are unfounded or non-mandated opt-out or deletion requests, if any.

11.1011  Indemnification; Limitation of Liability.  Participant and Subscriber shall indemnify and hold harmless the service for any claimes, costs, damage or losses, including reasonable attorney fees and court costs incurred by the MLS resulting from or arising out of any content Participant and/or Subscriber submit to or in any way wrongfully reproduce from the Service. In no event will the MLS be liable to any MLS Participant, Subscriber or any other party for any indirect, special or consequential damages arising out of any information published in the MLS and all other damages shall be limited to an amount not to exceed the MLS fees paid by the listing broker.

11.1112  Pursuing Complaints of Unauthorized Use of Listing Content.  MLS Participants and Subscribers may not take legal action against another Participant or Subscriber for alleged rules violation(s) unless the complaining Participant or Subscriber has first exhausted the remedies provided by these rules…

MLS RULES & REGULATIONS  >

CONTACT:

CCAR MLS Compliance Dept.
[email protected]

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