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 Expired or withdrawn listings;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.