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.