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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 – 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.

MLS Rules & Regulations Changes – Nov. 29

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Effective November 29th, 2021 the following MLS Rules & Regulations changes go into effect. These changes are being made to provide further clarification for how “Coming Soon” listings function within the MLS.
 
Additions, deletions, and changes are in red font.
 
7.5.1 Mandatory Submission.
(a) Clear Cooperation. Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public-facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public. The public would include anyone outside the broker(s) and agent(s) licensed within a single listing brokerage and their clients.
 
9.1.1 Showing Access. Properties entered into the system must be available to show within 3 days subject to any tenant’s rights, hazardous conditions or unless seller indicates otherwise in writing. Listings within the Coming Soon Status must clearly state in the Confidential Remarks seller’s instruction as to whether showings will be permitted or not. If showings are not permitted, showings are not allowed for any Subscriber nor by the listing agent. If showings are permitted, the listing agent may show and must allow showings by any Subscriber. Agent must indicate any change to the seller’s instruction in the MLS accordingly.
 
10.1 Statuses
Coming Soon (CS) – A valid listing contract exists and a SELM has been filed with the MLS. Remains in status for 30 days after which it becomes Cancelled – Coming Soon. Days on MLS will not start counting until published as an “Active” listing. “Coming Soon” is defined as a temporary, optional starting status that can be selected by listing agent. This applies if publicly marketed.
 
10.1.1 Coming Soon Listings. It shall be the responsibility of the Broker Participant (Section 4.1.1) and Real Estate Subscriber (Section 4.2.1) to follow said rules when placing a property in the Coming Soon section of the multiple listings service (MLS). Broker Participant and Real Estate Subscriber shall only place a property in the Coming Soon section of the MLS if the Participant/Subscriber has met necessary criteria for MLS input as described Sections 7.5, 7.6 and 8.1. 
 
Participant/Subscriber is required to enter a proposed list date to proceed in placing a listing in the Coming Soon section of the MLS. Once the listing moves from Coming Soon to any Active status it cannot revert back to Coming Soon with that same broker.
 
  1. It is optional to place your listing into the a Coming Soon Status. 
  2. Listing agent must have a signed written listing agreement in place to enter a “Coming Soon” listing which explains the limitations of the “Coming Soon” status.
  3. The MLS requirement of unilateral offer of compensation still applies while in “Coming Soon” status. 
  4. The Coming Soon listing will automatically be placed in a “Withdrawn Coming Soon” after 30 days of entry. 
  5. Coming Soon listings will be viewable to all MLS Participants.
  6. Coming Soon listings will not be syndicated out to other websites. 
  7. Coming Soon listings will not be included in the IDX and RETS feeds. 
  8. Coming Soon listings are only searchable within the Paragon MLS. 
  9. Once a listing has been moved from Coming Soon to Active status by the agent, it cannot revert to Coming Soon with that same broker.
  10. Days on Market (DOM) re-sets when status is changed to Active. Cumulative Day on Market (CDOM) continues counting from the time entered into the MLS. Only when a property has been off the market (Canceled or Expired) for more than thirty (30) days will the days (DOM and CDOM) on the listing start at zero (0).  
If you have any questions please contact CCAR MLS Compliance at [email protected] or 925.295.1270

MLS Rule Update – 13.2.2 Lockbox Requirements

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MLS Rule Update – 13.2.2 Lockboxes Requirements
 
The CCAR MLS Rules & Regulations are being updated with the below changes which will go into effect on April 26th, 2021. These changes have been adopted to clarify the lockbox requirements when working in the expanded MLS marketplace in conjunction with the NorCal MLS Alliance.
 
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 and have been approved by the MLS (Kim User Group approved Supra BT LE lockbox) 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 approved (Kim User Group approved Supra BT LE lockbox) where the listing is submitted.
 
If you have any questions please contact CCAR MLS Compliance at [email protected] or 925.295.1270