CCARToday - Contra Costa Association of REALTORS

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MLS Rule Changes (12.15.1 & 12.15.2)

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On January 3rd, the below MLS Rules & Regulation changes will go into effect. These changes are being made as recommended by C.A.R.
 
Rationale: These two rules conflict with the Model MLS Rule 11.16, as revised in October 2021, which requires MLSs to permit MLS Participants & Subscribers to share the listing broker’s offer of compensation in IDX and VOW displays, and supports greater transparency in sharing the offer of compensation.
 
12.15.1 Copies to Prospective Purchasers. Broker participants and real estate subscribers may reproduce from the MLS compilation, and distribute to prospective real estate purchasers, copies of those portions of the MLS compilation consisting only of non-confidential fields a description of the property, including the address, features, financing and price. Such “client copies” shall also comply with the following:
 
a. Permissible MLS data may be augmented with additional data not otherwise prohibited from display, provided the source of any additional data is clearly identified.
 
b. No more than 500 current and 500 sold listings may be provided in response to any inquiry.
 
c. A disclaimer statement shall be made in a manner readily visible to consumers but not less than 7pt type, that contains the following, or substantially similar, notice:
 
Based on information from the Contra Costa Association of REALTORS® MLS as of _____ (date the AOR/MLS data was obtained). All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information.
 
12.15.2 Information Prohibited from Reproduction/Confidential Fields. Unless the participant or subscriber obtains prior written consent from the listing broker, the information reproduced pursuant to this section shall not include the following:
a. Property owner’s name, phone number, and address (if different than the listed property);
b. Instructions or remarks intended for buyer brokers, including but not limited to showing instructions or security references (ex: lock box, burglar alarm or security system, vacancies) regarding the listed property:
c. Type of listing;
d. Compensation or bonuses offered to buyer brokers;
ed. Expired or withdrawn listings;
fe. Other confidential fields information that goes beyond a description of the property.
 
If you have any questions please contact CCAR MLS Compliance at [email protected].

MLS Rule Changes – Effective Dec. 1st

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The following MLS Rule Changes go into effect December 1st. These changes make the marketing and showing of your listings more effective with the ability to choose your primary photo, share seller concessions with consumers, and controlled lockbox access. Updates are in red.

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 the MLS compilations) is required to be posted in the primary photo position 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.

12.5.1 Public Remarks Restrictions and Requirements
a. Information in the public remarks shall only relate to the marketing, description, and condition of the property, and seller concession.

b. 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).

c. No showing instructions are permitted, including references to lockbox, alarm, gate, or other security codes, or the vacancy occupancy of the property. However, a statement that the property shall be delivered vacant is not a violation.

d. No information directed toward real estate agents or brokers, including compensation or bonuses offered to buyer brokers may be shown in public remarks.

e. Listing Content and Fair Housing Laws. All listing information, including all remarks, submitted to the MLS must be in compliance with fair housing laws. The MLS monitors listing content and employs a process for identifying potential violations of fair housing laws. Should potential fair housing law violations be identified, Participants and Subscribers will be advised to immediately remove or correct such potential violations. Failure to remove or correct may subject Participants and Subscribers to discipline and/or subject the listing to immediate removal from display.

f. Advertising of financing terms in public remarks is prohibited. 

fg. Listing Content and Fair Housing Laws. All listing information, including all remarks, submitted to the MLS must be in compliance with fair housing laws. The MLS monitors listing content and employs a process for identifying potential violations of fair housing laws. Should potential fair housing law violations be identified, Participants and Subscribers will be advised to immediately remove or correct such potential violations. Failure to remove or correct may subject Participants and Subscribers to discipline and/or subject the listing to immediate removal from display.

13.2.2 Lockbox Requirements.
If any lockbox or other device giving access to On Market listed property for real estate professionals and/or service providers is authorized by the seller and/or occupant and is placed on or present on property listed through the Service, such lockbox or device must be one that is approved by the MLS where the listing has been submitted. The authorized lockboxes are those that are sold by, leased by or otherwise offered through the local Association or MLS where the listing is submitted have been approved by the MLS. To find the approved lockbox for a specific geographical area, a map and list of the neighboring Associations/MLSs, Click here.

Unless expressly indicated otherwise by the MLS, for any other lockbox or device to be considered “approved,” use of it must provide reasonable, timely access to listed property such that

(1) it allows all participants and subscribers timely access to listed property by reliance solely on data submitted to and residing on the MLS;

(2) complete, accurate and stand-alone instructions are provided for accessing the listed property in the appropriate agent section on the Service; and

(3) it ensures that the lockbox or device will provide reasonable access to listed property with any information, code or key needed to access the contents of the lockbox or device to be made available or access to the property otherwise scheduled within four (4) hours of initial contact in the event the lockbox or device requires the participating member to obtain additional information to enable access (ex: “call listing agent for entry code”) with said 4 hour response obligation in effect every day from 8am to 6pm. The MLS reserves the right to require that the device be submitted in advance for approval. The MLS also may revoke the approval and/or subject the participant to discipline if the device is used in a manner that fails to continue to satisfy this requirement. Failure to provide reasonable and timely access as required by this section will subject the listing agent to discipline and potential fines. More than one lockbox or access device may be used on a property as long as one of them is an approved Association or MLS electronic lockbox where the listing is submitted.

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

MLS Rules & Regulations Changes – Aug. 1

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The following MLS Rule and Regulations changes will go into effect August 1, 2022. All changes are in red text.
 
7.11 Detail on Listings Filed with the Service.
All listings input into the MLS shall be complete in every detail including full gross listing price, listing expiration date, compensation offered to other broker participants and any other information required to be included as determined by the MLS Committee and approved by the Board of Directors. For residential listings, the property address must be input into the MLS where one exists at the time the listing is filed, or the parcel identification number must be input instead if the property address is unavailable. If no address or parcel identification number is available at the time the residential listing is filed, the listing must, at a minimum, contain a legal description of the property sufficient to describe the location of the property. Listings that are incomplete shall be ineligible for publication in the MLS and subject to immediate removal.
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 in the primary photo position 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.
 
12.19. Virtual Office Websites [“VOW”].
[Coinciding NATIONAL ASSOCIATION OF REALTORS® VOW Policy (“VOW Policy”), available here, is adopted and incorporated herein. and set forth in Exhibit A to these C.A.R. Model MLS Rules].
 
Section 12.19.10:
Except as provided in these rules, the VOW Policy set forth in Exhibit A hereto or any other applicable MLS rules or policies, no Participant shall distribute, provide, or make accessible any portion of the MLS Listing Information to any person or entity.
 
Section 12.19.13:
A Participant who intends to operate a VOW to display MLS Listing Information must notify the MLS of its intention to establish a VOW and must make the VOW readily accessible to the MLS and to all MLS Participants for purposes of verifying compliance with these Rules, the VOW Policy set forth in Exhibit A hereto and any other applicable MLS rules or policies.
 
Section 12.19.15:
A Participant’s VOW may not make available for search by, or display to, Registrants any of the following information:
a. Expired or withdrawn listings.
b. The compensation offered to other MLS Participants.
cb. The type of listing agreement, i.e., exclusive right to sell or seller reserve.
dc. The seller’s and occupant’s name(s), phone number(s), or e-mail address(es).
ed. Instructions or remarks intended for buyer brokers only, such as those regarding showings or security of listed property.
 
Removal of APPENDIX – A NATIONAL ASSOCIATION OF REALTORS® VOW Policy (“VOW Policy”)
 
If you have any questions please contact CCAR Compliance at [email protected] or 925.295.1270.

MLS Rules & Regulations Changes – Mar. 30

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On March 30th, the CCAR MLS Rules & Regulations will be updated to reflect the below changes to the Citation Policy (Appendix B). The purpose of this citation policy is to ensure the integrity of the MLS including the currency and accuracy of its information. These changes are being adopted to further discourage MLS Participants & Subscribers from violation of the MLS Rules and Regulations.

Tier 
1
2
3

Third Violation
$500     $1,000 & Suspension for 30 days
$750     $2,000 & Suspension for 30 days
$1,000  $5,000 & Suspension for 30 days

If you have any questions please contact CCAR Member Services at [email protected] or 925.295.1270

MLS Rules & Regulations Changes – Mar. 1

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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 that 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.