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Weekly Jolt – 020822

CONTRA COSTA ASSOCIATION OF REALTORS^®

WEEKLY NEWSLETTER | February 8, 2022

Click a title below to view detailed contents by topic.
Education contains a list of upcoming classes.

C.A.R.’s Virtual Legislative Day – March 2

Register now for C.A.R.’s fully virtual Legislative Day on Wednesday, March 2nd. C.A.R.’s Legislative Day provides an opportunity for REALTORS® from across California to participate in meetings with their state legislators to discuss the issues that affect the real estate industry the most.

Those who have not attended the in-person event will now have the…

Text Code of Ethics typed on retro typewriter

Code of Ethics Violators

In an effort to make ethics violations and the disciplinary process more transparent, C.A.R. is publishing the names of members who are found in violation of the Code of Ethics as well as summaries of the members’ unethical behavior.

Member publication is triggered only if the discipline imposed is a reprimand, fine, suspension or expulsion – anything other than a letter of warning or stand-alone education. The information will be published on the members-only section of car.org.

Past decisions of ethics…

LAPTOPS ON SALE:

MLS UPDATE:

MLS Rules & Regulations Changes – Mar. 1

CCAR is enhancing our Clear Cooperation enforcement process by shortening the violation warning period from 3 calendar days to 1 calendar day. Other changing MLS Rules include: 7.5 Mandatory Submission, 7.15 Estate Sale, Probate, Bankruptcy Listings, 11.14 Data Feed Available to Participants, 11.15. Brokerage Back Office Data Feeds, 11.16 Listing Broker’s Offer of Compensation, 12.10 False or Misleading Advertising and Representations; True Picture Standard of Conduct, 12.14 Display, 12.16(e) Listing Attribution, and Section 12.19.21: (C.A.R. Section 12.19.18:)

MLS Rules & Regulations Changes – Mar. 1

CCAR is enhancing our Clear Cooperation enforcement process by shortening the violation warning period from 3 calendar days to 1 calendar day. This change is being made to ensure that listings being marketed to the public or agents outside the listing brokerage are made available for all MLS Participants and Subscribers in a timely manner.

The following MLS Rule’s & Regulation’s changes go into effect March 1st, 2022. These are mandated changes requested by NAR and C.A.R. Some of these changes impact the vendors in our marketplace who are currently required to comply by March 1st. However, NAR is considering extending the amount of time for vendors to meet these requirements.

If you have any questions please contact CCAR MLS Compliance at [email protected].

7.5 Mandatory Submission. Within 1 business day of marketing or advertising a property to the public or within 2 days after all necessary signatures of the seller(s) have been obtained on the listing or at the beginning date of the listing as specified in the contract, whichever is later, on any exclusive right to sell or seller reserved listing agreement for the sale of one to four unit residential property and vacant lots located within the service area of the MLS, Broker Participants must input the listing to the service for cooperation with other Participants. Public marketing or advertising includes, but is not limited to, conveying or displaying any information about the property or its availability for sale through or on any: windows, signs, public facing websites, social media, brokerage or franchise operated websites (including IDX and VOW), digital communications marketing (ex: email, text or phone blasts, social media messaging), multi-brokerage or franchise listing sharing networks, flyers or written material or on any applications available to the public or through conducting an open house. The public would include anyone outside the broker(s) and agent(s) licensed within a single listing brokerage and their clients, as further described in Section 7.6) Only those listings that are within the service area of the MLS must be input. Open listings, rental listings or listings of property located outside the MLS’s service area (see Section 7.7) are not required by the service, but may be input at the Broker Participant’s option.

7.15 Estate Sale, Probate, Bankruptcy Listings. Compensation offered through the MLS to buyer brokers on estate sale, probate or bankruptcy listings is for the amount published therein as long as the buyer broker produces the contract which is ultimately successful and confirmed by the court, if court confirmation is required. In the event the contract produced by the buyer broker is overbid in court and the overbid contract is confirmed, the original buyer broker shall receive the amount of compensation specified as “unconfirmed buyer broker’s compensation” or “u.b.b.” in the property data profile sheet and on the MLS. For estate sale or probate listings, the compensation offered through the service under these rules and this section shall be considered an agreement as referred to in California Probate Code Section ~~10165~~ 10168 and will therefore supersede any commission splits provided by statute when there is no agreement. This section contemplates that estate sale, probate and bankruptcy judges have broad discretion and therefore are not intended as a guarantee of a specific result as to commissions in every probate or bankruptcy sale.

11.14 Data Feed Available to Participants. The Service must offer a Participant a single data feed in accordance with a Participant’s licensed authorized uses. At the request of a Participant, the Service must provide the single data feed for that Participant’s licensed uses to that Participant’s designee. The designee may use the single data feed only to facilitate that Participant’s licensed uses on behalf of Participant.

11.15. Brokerage Back Office Data Feeds. The Service must provide to Participants the Brokerage Back Office Data for use subject to the terms below:

“Brokerage Back Office Data” means all real property listing and roster information in the MLS database, including all listings of all Participants, but excludes (i) MLS only fields (those fields only visible to MLS staff and the listing Participant), and (ii) fields and content to which MLS does not have a sufficient license for use in the Brokerage Back Office Feed.

Participant and Subscribers affiliated with the Participant can use the Brokerage Back Office Feed data for the following purposes:

Brokerage management systems that only expose Brokerage Back Office Data to the Participant and Subscribers affiliated with the Participant.
Customer relationship management (CRM) and transaction management tools that only expose the Brokerage Back Office Data to the Participant, Subscribers affiliated with the Participant, and their bona fide clients as established under state law.
Agent and brokerage productivity and ranking tools and reports that only exposes Broker Back Office data to the Participant and Subscribers affiliated with the Participant.
Marketplace statistical analysis and reports in conformance with NAR MLS Policy Statement 7.80, which allows for certain public distribution.

Brokerage Back Office Data use may only be made by the Participant and any Subscriber affiliated with the Participant, except that at the request of a Participant, the MLS must provide Brokerage Back Office Data to that Participant’s designee. The designee may use the Brokerage Back Office Data only to facilitate the Brokerage Back Office Data use on behalf of that Participant and its affiliated Subscribers.

There is no option for Participants to opt out their listings from the Brokerage Back Office Data use as defined.

The Service may impose reasonable licensing provisions and fees related to a Participant’s license to use the Brokerage Back Office Data. The Service may require the Participant’s designee to sign the same or a separate and different license agreement from what is signed by the Participant.

11.16 Listing Broker’s Offer of Compensation. The Service is required to include the listing broker’s offer of compensation for each active listing displayed on its consumer-facing website(s) and in MLS data feeds provided to Participants and Subscribers. Additionally, the Service shall permit MLS Participants or Subscribers to share the listing broker’s offer of compensation for each active listing through IDX and VOW displays and through any other form or format provided to clients and consumers. The information about the offer of compensation will be accompanied by a disclaimer stating that the offer is made only to Participants of the MLS where the listing is filed.

12.10 False or Misleading Advertising and Representations; True Picture Standard of Conduct. Participants and subscribers may not engage in false or misleading advertising, including, but not limited to, advertisements or representations regarding the participant’s or subscriber’s relationship to the service, about the service itself, or about any property listed with the service. Participants and Subscribers may not represent that their brokerage services to a client or customer are free or available at no cost to their clients, unless the Participant or Subscriber will receive no financial compensation from any source for those services. MLS participants and subscribers shall present a true picture in their advertising and representations to the public, including Internet content, images and the URLs and domain names they use, and participants and subscribers may not:

a. engage in deceptive or unauthorized framing of real estate brokerage websites;

b. manipulate (e.g., presenting content developed by others) listing and other content in any way that produces a deceptive or misleading result;

c. deceptively use metatags, keywords or other devices/methods to direct, drive, or divert Internet traffic,

d. present content developed by others without either attribution or without permission; or

e. otherwise mislead consumers, including use of misleading images

12.14 Display. Subject to Sections 12.15, 12.16, and 12.19, broker participants and R.E. subscribers shall be permitted to display the MLS compilation in either electronic or printed format to specifically identified and bona fide prospective purchasers only in conjunction with their ordinary business activities of attempting to locate ready, willing and able buyers for the properties described in said MLS compilation. Broker participants and R.E. subscribers shall be permitted to display the MLS compilation in either electronic or printed format to specifically identified and bona fide sellers or prospective sellers only in conjunction with their ordinary business activities in listing properties. Broker Participants and R.E. Subscribers may not filter out or restrict MLS listings that are searchable by and displayed to consumers based on the level of compensation offered to the cooperating broker or the name of a brokerage or agent. Appraiser participants and appraiser subscribers shall be permitted to display the MLS compilation to the person requesting the appraisal only in conjunction with their ordinary business activities of producing a written appraisal. Such displays under this section shall be only in the immediate presence of the MLS participant or subscriber.

12.16(e) Listing Attribution. All IDX listing displays shall display the name of the listing firm, the listing Participant’s identified email or phone number, and the name of the listing agent in a manner designed to easily identify such listing firm or agent. Such identification shall be in a reasonably prominent location and provide clear, conspicuous written or verbal identification of the name of the listing firm, the listing Participant’s identified email or phone number, and the name of the listing agent. Displays of minimum information (e.g. a one-line or thumbnail search result, text messages, “tweets”, etc of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. Audio delivery of listing content is exempt from this disclosure requirement only when all required disclosures are subsequently delivered electronically to the registered consumer performing the property search or linked to through the device’s application.

Section 12.19.21: (C.A.R. Section 12.19.18:) A Participant shall cause any listing displayed on his or her VOW t~~hat is obtained from other sources, including from another MLS or from a broker not participating in the MLS, to identify the source of the listing.~~ to identify the name of the listing firm and the listing broker or agent, and the listing Participant’s identified email or phone number, in a readily visible color, in a reasonable prominent location, and in typeface not smaller than the median typeface used in the display of listing data.

Weekly Jolt – 020122

CONTRA COSTA ASSOCIATION OF REALTORS^®

WEEKLY NEWSLETTER | February 1, 2022

Click a title below to view detailed contents by topic.
Education contains a list of upcoming classes.

C.A.R.’s Virtual Legislative Day – March 2

Get Quick Answers to Your Questions with C.A.R. Peer-to-Peer Ethics Infoline

Non-legal ethics questions answered in a snap!

C.A.R.’s Peer-to-Peer Ethics Infoline is a free service facilitated by neutral REALTOR® volunteers trained in the Code of Ethics. They can answer questions from other REALTOR® members regarding the proper interpretation of the Code.

If you have questions about whether certain actions—yours or those of another REALTOR® —might violate the Code of Ethics, the volunteers can assist with non-legal ethics matters. The Infoline is confidential, and no information will be shared with third parties. Please note that answers or opinions are provided orally and will not be given in writing.

CONTACT THE INFOLINE >>

2 Months telehealth free!

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FREE Member Benefit – Hurdlr:

Looking for an app to help you keep track of mileage and expenses? Use this link to get the Hurdlr app! Another FREE C.A.R member benefit!

MLS UPDATE:

MLS Rules & Regulations Changes – Mar. 1

Title Fraud on the Rise: What You Need to Know

Title fraud, also known as deed theft, is a growing scam where criminals illegally transfer property ownership—often using forged documents or fake identification—without the rightful owner’s knowledge. These schemes typically involve recording fake ownership transfers with county recorders or impersonating owners to list and sell properties fraudulently.

To better understand the scope of the issue, the National Association of REALTORS® conducted the 2025 Deed & Title Fraud Survey, collecting feedback from REALTOR® association advocacy professionals across 43 states, territories, and Washington, D.C.

Key Findings:

63% of respondents reported awareness of such scams in their markets over the past year.

The Northeast showed the highest reported prevalence, at 92%.

Scams are more common in central cities and suburban areas and disproportionately target vacant land (52% of cases) rather than owner-occupied homes (just 12%).

Efforts and Solutions:

76% of areas surveyed have measures in place to combat title fraud—mostly at the state level and through REALTOR® association policies.

Most existing efforts focus on prevention (52%), with 39% addressing both prevention and mitigation.

Educational resources, legislative policies, and fraud alert systems are the most widely used tools.

In areas without current policies, 30% are working on new initiatives in partnership with REALTOR® associations, land and title agents, and county deed recorders.

What Works Best:

A strong consensus (83% of respondents) favors electronic notification systems—services that alert property owners of any title changes—as the most effective method to combat title and deed fraud.

Bottom Line:

As title and deed scams continue to threaten property ownership, particularly in urban and suburban regions, coordinated efforts between REALTOR® associations, state legislators, and local recording offices are critical. Staying informed and advocating for proactive policies will help protect property rights across the country.

Weekly Jolt – 012522

CONTRA COSTA ASSOCIATION OF REALTORS^®

WEEKLY NEWSLETTER | JANUARY 25, 2022

Click a title below to view detailed contents by topic.
Education contains a list of upcoming classes.

C.A.R.’s Virtual Legislative Day – March 2

NAR CALL FOR ACTION: Protect Independent Contractor Status

The National Association of REALTORS® has launched a CALL FOR ACTION asking Members of Congress to cosponsor H.R. 5419 the Direct Seller and Real Estate Agent Harmonization Act, to ensure real estate agents maintain their independent contractor status under the Fair Labor Standards Act (FLSA).

In California, 85% of real estate agents choose to do business as independent contractors. C.A.R. successfully included provisions in state laws and regulations, including AB 5, protecting REALTORS® ability to work as independent contractors. At the federal level, the Internal Revenue Code carves out real estate professionals who choose to…

Title Fraud on the Rise: What You Need to Know

A new survey from the National Association of REALTORS® reveals growing concern over title fraud and deed theft, especially in urban and suburban markets.

63% of REALTOR® association advocates reported awareness of scams in the past year—most involving vacant land, not owner-occupied homes.

Efforts to combat fraud are active in 76% of areas, with strong support (83%) for electronic alerts to notify property owners of title changes.

Stay vigilant—learn how prevention efforts are evolving across the country…

2022 Contra Costa Leadership Opportunities

Walnut Creek Chamber of Commerce & Visitors Bureau announced that the recruitment for the next Leadership Contra Costa (LCC) class for September 2022 – May 2023 has begun. There are a number of opportunities available to serve on commissions in Walnut Creek. Applications will be accepted through 5pm on January 26 for vacancies in: Arts Commission (2 vacancies); Design Review (1 vacancy); Park, Recreation and Open Space (1 vacancy); Planning Commission (1 vacancy); Transportation Commission (1 vacancy)…

LAPTOPS ON SALE:

MLS UPDATE:

Upcoming Paragon Enhancements – Feb. 22

Co-Listing Agent Listing Edit Ability
Co-Listings agents will have the ability to maintain listings just like the listing agent of a specific listing. MLS Compliance enforcement remains unchanged and any MLS Compliance issues will be the responsibility of the listing broker and agent.

ADU Acknowledgement
Upon saving a listing with ADU “Yes” selected, the Paragon MLS system will prompt the user to acknowledge that the listing meets the legal definition of an ADU. The pop-up prompt will include the legal definition for review by the user at the moment of acknowledgement.

Wise Agent – New Member Discount Program!

Wise Agent is a simple, smart, and affordable real estate CRM platform combining contact management, lead automation, transaction management, and real estate marketing software. Wise Agent helps REALTORS® become more efficient, giving them the opportunity to save time and make more money! Follow the link to learn about the new CCAR Wise Agent Discount Program!

Weekly Jolt – 020822

C.A.R.’s Virtual Legislative Day – March 2

Code of Ethics Violators

MLS Rules & Regulations Changes – Mar. 1

MLS Rules & Regulations Changes – Mar. 1

Weekly Jolt – 020122

C.A.R.’s Virtual Legislative Day – March 2

Get Quick Answers to Your Questions with C.A.R. Peer-to-Peer Ethics Infoline

MLS Rules & Regulations Changes – Mar. 1

Title Fraud on the Rise: What You Need to Know

Weekly Jolt – 012522

C.A.R.’s Virtual Legislative Day – March 2

NAR CALL FOR ACTION: Protect Independent Contractor Status

Title Fraud on the Rise: What You Need to Know

2022 Contra Costa Leadership Opportunities

Upcoming Paragon Enhancements – Feb. 22

Wise Agent – New Member Discount Program!

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