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MLS Rule Change (7.12 Unilateral Contractual Offer; Sub-agency Optional)

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On December 1st, the below MLS Rules & Regulation changes will go into effect. 
 
7.12 Unilateral Contractual Offer; Sub-agency Optional. In filing a property with the MLS, the broker participant makes a blanket unilateral contractual offer of compensation to the other MLS broker participants for their services in selling the property. Except as set forth in Rule 7.15 below a broker participant must specify some compensation to be paid to either a buyer’s agent or a subagent and the offer of compensation must be stated in one, or a combination of, the following forms (1) a percentage of the gross selling price; or (2) a definite dollar amount of zero or greater. The amount of compensation offered through the MLS may not contain any provision that varies the amount of compensation offered based on conditions precedent or subsequent or on any performance, activity or event. In the event there are any service fees or administrative costs, etc to be imposed on buyer’s agent’s compensation, any such reductions should be factored in as a reduced amount the listing broker initially offers to a buyer broker and may not be made a condition of the offer. Furthermore, the MLS reserves the right to remove a listing from the MLS database that does not conform to the requirements of this section. At the broker participant’s option, a broker participant may limit his or her offer of compensation to buyer’s agents only, to subagents only, or make the offer of compensation to both. Any such limitations must be specified on the property data form and in the MLS. The amount of compensation offered to buyers’ agents or subagents may be the same or different but must be clearly specified on the property data profile sheet. Broker participants wishing to offer subagency to the other MLS broker participants must so specify on the property data profile sheet and on the MLS, otherwise, the offer of compensation does not constitute an offer of subagency. For “commercial for lease properties” if the compensation amount varies over time of the lease, it must be specified in the Confidential remarks in the MLS.
 
13.7. Listing Broker’s Permission. No Participant or Subscriber may enter a property with or without a lockbox without the listing broker’s permission. Such permission may be granted by the listing broker by specifying permission to use the lockbox through the MLS. Appraiser Participants are expressly prohibited from using lockbox keys to enter a property without either the owner’s or listing broker’s permission.
 
If you have any questions please contact CCAR MLS Compliance at [email protected].

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