Karen Wright Realty posts public listings in compliance with the below stated rules and regulations from MLS United. Karen Wright Realty will never publish private information regarding a listing, nor will never provide private information regarding a buyer and/or seller.
Please find a copy of MLS Rules and Regulations below:
Why are there MLS “rules”?When using the MLS to list and sell properties, it is to everyone’s benefit to operate under a common and cooperative understanding. The MLSListings Rules and Regulations provide that commonality for participants and subscribers to ensure the integrity of the data, and foster broker cooperation.Participants and subscribers serve their clients by providing and maintaining complete, accurate and meaningful information about the property for cooperating brokers and their clients.
MLS Rules Do's and Dont's
Do I have to submit my listing to the MLS?
Yes. Broker participants and their agents must input exclusive right to sell or exclusive agency listings on one to four-unit residential property and vacant residential lots to MLS within 3 days after all necessary signatures of seller(s) have been obtained on the listing (rules section 7.5) or they could be subject to a fine as a penalty.
What do I need to submit a listing to MLSListings?
When submitting a listing to MLSListings, the listing broker/agent must obtain the written agreement of the seller(s) expressly granting participants and subscribers the right to (rules section 8.1):
submit property information, including photos, to the service for publication and dissemination to those authorized by the MLS
act as an agent for the seller;
abide by the rules of the service;
provide timely notice of status changes of the listing to the service;
publish sales information after the final closing of a sales transaction in accordance with the MLS Rules (rules section 10.2).
IMPORTANT: If the seller(s) do not want the listing included in the MLS, participants must enter the exclusion online or submit a seller signed form to the MLS to exclude the listing from the MLS (ex: CAR’s form MLSA) within 3 days of signing (rules section 7.6).
Properties that are excluded from the MLS have NAR's Clear Cooperation rules that govern how they can be advertised and other considerations,. Please see the support information on "Clear Cooperation" for more details.
What are the rules for language/wording in the Public remarks area? (rules section 12.5.1)
Information in the public remarks shall only relate to the attributes, description and condition of the property.
No contact information is permitted, including names, phone or fax numbers, email addresses or website addresses (including virtual tours and transaction tracking URLs).
No calling instructions that request or suggest calling the listing agent are permitted.
No showing instructions are permitted, including references to lockbox, alarm, gate or other security codes, or the vacancy of the property. However, a statement that the property shall be delivered vacant is not a violation.
No information directed toward real estate agents or brokers, including compensation offered to cooperating brokers may be shown in public remarks.
No other information may be provided that goes beyond the description and condition of the property.
What are the rules for language/wording in the Agent/Private remarks? (rules section 12.5.2)
There are very few restrictions on what you can enter in private remarks.
Information about Commission or Compensation MAY NOT be included in the public or private remarks.
Information such as references to burglar alarm, security system or gate codes may be placed in confidential remarks only with seller’s written permission.
Caution: Title or escrow information may be entered in confidential remarks; however, participants/subscribers should mindful of RESPA issues. You are advised to seek legal counsel for specific advice when using such verbiage.
Except for reciprocal listings, no reference may be made to licensees who are not participants or subscribers.
Do I have to have a picture of my listing on the MLS?
Yes, all listings must include a property photograph within 1 day after entry.
Properties with existing buildings must include a photograph of the front of the building in the mix of photos if it's not the primary image.
May I use a previous listing agent’s photo on my listing?
No, you may not use any photos or virtual tours from the previous listing agent unless you have written permission from the agent who owns the photos.
MLSListings shares ownership and enforces copyright for listings on the service
What do I do if the seller wants no photo on the listing?
The process when the seller wants no photo published on their listing requires two steps:
1. The seller must sign the form called Seller’s Instruction to Omit Photo . You keep that filed in your office unless it is requested by the MLS.
2. In place of a photo, you must post on the listing the image that says, “Seller Prefers No Photo .”
If you have any trouble copying the image and adding it into the listing, contact our Compliance team at 408-874-0200, option 2, and they would be glad to help you.
May I delete photos or property information upon sale of the property?
No. No data may be removed from the MLS compilation other than by the service. Although a listing may be removed from display in the MLS compilation of current listing information, all data submitted to the MLS will remain in the database for historical and other purposes approved by the service.
The MLS provides a “Hide Photos” feature to indicate the listing’s photos are not to be displayed on the Internet on websites that receive MLSListings data.
Must I provide a lock box on my listing on the MLS?
You are not required to place a lockbox on a property, and you may have more than one box. However, if a lockbox is present on a property that is located in the MLSListings service area and is listed for sale in the MLSListings system, it must provide reasonable, timely access to the listed property. If you use a combo box, the code or key needed to access the contents of the lockbox or device is to be made available or access to the property otherwise scheduled within four (4) hours of initial contact. For example, you would post the lockbox code in the private remarks (ex: “Code is 1234”) or (ex: “call listing agent for entry code”) with said four-hour response obligation in effect every day from 8am to 6pm.
Why can’t I enter zero square feet for my listing?
Accuracy in the MLS is important, and zero square feet is clearly inaccurate for any building. In some cases, the data received from the county assessor does not include square footage, a required field. In those cases, the listing broker or agent must enter a reliable square footage value in the data. Participants and subscribers are allowed to override the county assessor’s figure if one is provided to the correct value. The source of the new information will be marked as “Other”
Do I have to change the status when an offer has been accepted? How much time do I have to make the change?
Yes, and it is important to use the correct status. All listings with accepted offers shall be reported to the MLS or input into the MLS database by the listing broker as “contingent” or “pending” by the end of the next day.
The statuses for accepted offers are:
Contingent (AC) – An offer has been accepted. The listing is still on market. This status is generally used to indicate that the seller is looking for additional back-up offers, or that the property is subject to financing, court or other third-party approval which may not happen.
Pending (P) - An offer has been accepted and is expected to close. The seller is not accepting additional offers and the property is generally not on market.
Leaving a property in Active status with an accepted offer is a serious violation and is subject to a penalty.
Do I have to report a final sale price?
Yes. Final closings with the correct cooperating broker information (if any) and the correct sales information must be reported to MLSListings by the listing broker also by the end of the next day after the close of escrow (10.2). If you need help to close a sale, please call Customer Service. We will assist you.
If the sale falls through, do I have to report the change of status?
Yes. The listing broker must report the change of status (TFT - Transaction Fell Through) of any pending sale to MLSListings by the end of the next day and the listing will be reinstated immediately as long as there is still a valid listing agreement (10.4).
What is the difference between a Canceled listing and a Withdrawn listing?
A Canceled listing means that the contract between the broker and seller is canceled or the listing is not qualified for inclusion in the MLS. Withdrawn means that the listing contract is still valid, but the property is not being actively marketed and is temporarily off the market. Days on market pauses in the withdrawn status.
Can I submit listings in areas not within MLSListings’ service area?
Yes. As a member of MLSListings, if you obtain a listing from outside the service area you may list that property on the MLSListings MLS.
If you wish to make your listing available to agents and brokers in other areas also, MLSListings is in partnership with the major MLSs in California, reaching nearly 200,00 licensed agents. The coverage map can be found here.
Can I be present at the time the listing agent presents my client’s offer to the seller?
Yes, provided the seller did not give written instructions to the contrary (rules section 9.6). The listing broker and cooperating broker have the same rights during the presentation of a counter offer and/or addendum (rules sections 9.6 & 9.7).
Solicitations
To ensure cooperation among all participants and subscribers, it is important to have a clear understanding of what is and what is not allowed with regard to solicitations of another’s listings.
What may I do to solicit another’s listing(s)?
Participants and subscribers shall not solicit an any property listed on the MLS unless such solicitation is consistent with Article 16 of the N.A.R. Code of Ethics, its Standards of Practice and its Case Interpretations (rules section12.4). This means any Active, Contingent Pending or Withdrawn listing cannot be solicited for services on that property. Please also note that under section 12.11 Use of MLS Information, "...participants and subscribers are expressly prohibited from using MLS information for any purpose other than to market property to bona fide prospective purchasers or to support market evaluations or appraisals..."
This would include the solicitation of Cancelled or Expired listings which may have additional National Do Not Call registry requirements and restrictions. Contact your broker for other details.
Advertising of Sold or Active Listing InformationThis next series of questions will explain “who” may advertise “what” with regard to active and sold listing information.
Can a participant or subscriber, other than the listing broker, advertise another participant’s Active listings?
No, unless you have prior consent of the listing broker, you may not include any portion of another participant’s listing in any of your advertising, including flyers or newsletters. However, there are special rules regarding Internet Data Exchange (IDX). (See section 12.16 regarding IDX in the MLS rules).
When I represent the buyer in the purchase of a property, may I mail or phone this information to neighbors to solicit new business (i.e., a “Just Sold” notice)?
Yes. After the transaction is closed, a successful cooperating broker may advertise that he/she sold the property (rules section12.7).
Can I include another participant’s sold listings in my flyers or newsletters without their permission?
Any participant or subscriber may advertise the addresses and prices only, of the properties that have sold in a neighborhood after the information regarding the properties has been published, as long as the advertisement does not imply the agent was involved in the transaction, unless such is the case, and as long as the advertisement otherwise presents a “true picture” (rules sections 12.7). There are restrictions on data that you cannot use such as, Days On Market (DOM), original list price, list date and MLS listings photos.
Showings and Showing Instructions
How do I access properties / what are “Showing Instructions”?
In each listing, the listing agent will express how buyers’ agents are able to access inside of the properties.
It is critical that these showing instructions are followed at all times by buyers agents. Ignoring or failing to follow the instructions carries an immediate and substantial penalty.
Listings agents must provide access for all Active listings. Some agents will provide a lockbox which is opened by a “key” available from your local REALTOR association. Some will choose “shown by appointment only”. Others will select options which suit their clients wishes. Whichever the listing agent provides, it is important that all buyer’s agents follow those instructions. If you have any questions about what they mean, contact the agent, your broker or Compliance before attempting to access the property.
Enforcement of MLS Rules and Regulations
What are citations and fines?
Citations are penalties imposed when certain MLS rules are violated. In accordance with Section 14.3 and Appendix A, Citable Infractions and Associated Penalties, of the MLS Rules and Regulations, the MLSListings Board of Directors has implemented a schedule of fines for certain MLS Rules violations and have directed MLSListings staff to issue citations for the specified MLS Rules violations. There is also a procedure whereby the participant or subscriber receiving the citation may request a hearing under the C.A.R. Arbitration and Professional Standards process.
What should I do if I notice a problem with a listing in the MLS that violates one of the MLS Rules?
If you wish, you could first contact the listing agent, who may not be aware of the violation. To report the violation to MLSListings, you can click on the Report Listing link at the top of the listing’s detail page or phone 408 874-0200 or 800 546-5657 and press option 2 to reach one of our Compliance Representatives. You may email the particulars to compliance@mlslistings.com . No matter which method you choose, you can remain anonymous and your name will not be disclosed.
What should I do if I receive a citation, but I disagree with it?
A Participant/Subscriber who wishes to challenge a citation may appeal to the MLS Rules Committee or they may request a Professional Standards hearing.
Questions? We want to help…
Please call or write to our MLS Compliance team at 408-874-0200 option #2 or compliance@mlslistings.com or use this link directly from this Pro Community Support Center