The following MLS Rules changes will be effective May 1, 2020

 

 

7.7.1  Time Frame Definitions.  Unless otherwise expressly indicated, where compliance time frames set forth  “days”, “days” mean calendar days; “days after” means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 p.m. on the final day; and “days prior” means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur.  Where “business days” are expressly referenced, “days” exclude Saturdays, Sundays and all recognized federal and state holidays. 

 

7.8.    Mandatory Submission.  Within 2 business days if not marketing or advertising a property to the public 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 or, within 1 business day of marketing or advertising a property to the public,  on any exclusive right to sell or seller reserved listing on  agreement for the sale of one to four unit residential property and vacant lots located within the service area of the MLS, Broker Participants shall (1) must input the listing to the service for cooperation with other Participants. or (2) submit a seller-signed exclusion in accordance with Section 7.9 (Exempted Listings) to the AOR/MLS. Public marketing or advertising incudes, but is not limited to, conveying or displaying any information about the property or its availability for sale through or on any:  window, 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), mult-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 7.9) All necessary signatures are those needed to create an enforceable listing, the Listing Broker shall disclose said fact to the AOR/MLS and state whether the listed seller will make the sale contingent on the consent of the additional property owners. In the event the listing agent is prevented from complying with the 2 business day time period due to seller’s delay in returning the signed listing agreement, the Listing Broker must submit the listing to the MLS within 2 business days of receipt back from the seller. The AOR/MLS may require the Listing Broker to present documentation to the AOR/MLS evidencing the seller’s delayed transmission. 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 are (see Section 7.10) are not required by the MLS, but may be input at the Broker Participant’s option.

7.9.    Exempted Listings. If the seller refuses to permit the listing to be disseminated by the AOR/MLS 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, the listing broker shall submit to the MLS, within (2) two business days after all the necessary signatures of the seller(s) have been obtained on the listing agreement or at the beginning date of the listing as specified in the contract, whichever is later,  a certification signed by the seller that the seller stating that the seller instructs listing broker to do no public marketing or advertising (as public marketing or advertising is defined in Section 7.8), that the only scope of permissible promotion of the property will occur internally within the brokerage and consist of direct one-on-one communication between the listing broker and licensees affiliated with the listing brokerage and their respective clients (i.e. “office exclusive”) and that seller refuses to authorize the listing does not authorize the listing to be disseminated by the MLS. Client is defined as anyone who has signed an Agency Disclosure form with the broker/agent within the previous 12 months.  C.A.R. Standard Form SELM and/or RLA may be used for this certification, but in any event, said exclusion certification shall include the aforementioned required statements as well as an advisory to seller that, in keeping the listing off the MLS, (1) real estate agents and brokers from other real estate offices, and their buyer clients, who have access to the MLS may not be aware seller’s property is for sale, (2) seller’s property will not be included in the MLS’s download to various real estate internet sites that are used by the public to search for property listings, (3) real estate agents, brokers and members of the public may be unaware of the terms and conditions under which seller is marketing the property, and (4) the reduction in exposure of the listing may lower the number of offers made on the property and may adversely negatively impact the overall  sales price.  In the event listing broker commences any public marketing or advertising on an exempted listing, submission to the MLS for dissemination is required within (1) one business day thereafter in accordance with Section 7.8.

7.9.1. Modification of DOM for Exempted Listing. Adoption of this Rule is at the discretion of the MLS and requires use of an Authorization to Exclude Listing from the MLS form. Said form to include a statement on the requirements to recalculate Days on Market and a reference to this section of the MLS Rules. DOM stands for Days on Market, not Days on MLS. The DOM calculated in the MLS and reported to the various internet sites will be when marketing begins. As a general rule the first Day on Market will be the beginning date identified on the agreement, or the date of the last signature required to make the listing agreement valid, whichever is later. The DOM may be modified as long as no marketing of the property occurs and the qualifying Authorization to Exclude Listing from the MLS form (contact your MLS for the form) is utilized. Marketing is identified as:

1. a.       Any communication made, to the public, containing any information, details, price or terms of any potential sale of the Property, or any communication made to the public regarding the Brokerage firm or Agent’s representation of the seller. Marketing includes, but is not limited to: 1) Sign on the property; 2) Internet Website posts; 3) Social Media Posts; 4) Flyers or Advertising; 5) Open Houses.

7.22.1. Extension for Protected Buyer. In the event a listing broker’s listing has been cancelled or expired but a commission extension right for a protected buyer has been timely activated in the listing agreement and listing broker represents seller in said transaction, listing broker may be considered the “listing broker” for MLS reporting of sale as long as satisfactory documentation is presented to MLS. 

 

8.2.    Written Documentation. Listing Brokers filing listings with the MLS shall have a written listing agreement with all necessary signatures in their possession.  All necessary signatures are those needed to create an enforceable listing, which generally means all named signatories to the listing agreement.  In the event here are known additional property owners not made a signatory to the listing, listing broker shall disclose said fact on the service and state whether the listed seller will make the sale contingent on the consent of the additional property owners. Only listings that create an agency relationship between the seller(s) and the Participant are eligible for submission to the MLS. By submitting a listing to the MLS, Participants and Subscribers represent that they have in their possession such written agreements establishing agency and the represented type of listing agreement.   The AOR/MLS shall have the right to demand a copy of such written listing agreements and verify the listing’s existence and adequacy at any time. The AOR/MLS shall also have the right to demand a copy of seller’s written authorization required under these rules.  If the Participant or Subscriber fails to provide documentation requested by the AOR/MLS within 2 business days, the AOR/MLS shall have the right to immediately withdraw any listings from the database in addition to disciplining the Participant and Subscriber for a violation of MLS rules. 

8.5     Buyer, Seller, Purchase, and Sale Defined. Except as provided in Sections 7.8 and 7.9, aAll references to the buyer(s) shall also include tenant(s) and lessee(s). All references to the seller(s) shall also include landlord(s) and lessor(s).  All references to a purchase shall also include a lease.  All references to a sale shall also include a lease

9.1.    Availability to Show or Inspect. The availability of access/showing of listings within the MLS must be equal to All participants and subscribers of the MLS and their clients and customers.

9.3.    Listing Brokers shall not misrepresent the availability of access to show or inspect a listed property. It will be a violation of this section in the event showings or tours occur on a property, including by the listing broker/agents, for which the listing broker has selected a Section 10 status that there will be no showings.

10.    Statuses. The following statuses shall apply to listings on the MLS. 

On-Market Statuses

Coming Soon (CS):  A valid listing contract exists, no offer (with or without contingencies has been accepted) and the property is available for showings consistent with MLS Rule 9.3.  This is an On-Market status.

Active (A):  A valid listing contract exists and, no offer (with or without contingencies) has been accepted and property is available for showings consistent with MLS Rule 9.3.  This is an On-Market status.

Hold (H):  A valid listing contract is in effect; however, because of various reasons such as repairs, illness, guests, etc., the seller has requested that temporarily there be no showings. The property is not available for showings consistent with MLS Rule 9.3. This is an Off-Market status.