By Dale Farnum
DIRECTOR OF MULTIPLE LISTING SERVICE
The AOR/MLS has the right to demand a copy of written documentation establishing agency, at least one photograph must accompany the listing for a lot or vacant land, and failure to follow showing instructions is now a violation.
Effective December 1, 2017, the California Regional Multiple Listing Service (CRMLS) has revised its Rules and Regulations. Speciﬁcally, the revisions affect Rule 8, Documentation, Permission, and Accuracy of Information; Rule 11, Ownership of Multiple Listing Service Compilations and Copyrights; and Rule 13, Lockboxes.
Documentation, Permission, and Accuracy of Information
Section 8.2. Written Documentation
The previous version of Section 8.2 has been replaced with the following wording:
- Participants and Subscribers ﬁling listings with the Multiple Listing Service (MLS) shall have a written listing agreement with all necessary signatures in their possession. 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 Association of REALTORS®(AOR)/Multiple Listing Service (MLS) shall have the right to demand a copy of written documentation to verify adequacy, and the information reported to the MLS at any time.
- The AOR/MLS shall also have the right to demand a copy of any written authorization requested under these rules.
- If the Participant or Subscriber fails to provide documentation requested by the AOR/MLS within one business day, the AOR/MLS shall have the right to immediately remove the listing from the database.
Ownership of Multiple Listing Service Compilations and Copyrights
Section 11.5. Media on the MLS
Subsection 11.5(f) previously stated that media submitted to the MLS will be a truthful representation of the property, including the interiors and views from the property, of what is listed for sale as part of the listing transaction, and, any photos that are not of the property, from the property, or of the HOA amenities must be captioned to indicate as such.
This subsection has been stricken entirely and replaced with the following words: Media submitted to the MLS will be a truthful representation of the property including the interiors and views from the property, of what is listed for sale as part of the listing transaction, and any photos that are not of the property, from the property, or of the HOA amenities must be captioned to indicate as such.
Subsection 11.5.1. Mandatory Submission of Photograph or Rendering
The previous version of this subsection required that at least one photograph or rendering accurately depicting a substantial portion of the exterior of the subject property be submitted to the MLS within ﬁve days of entry of listing but stated that both Land/Lot and Business Opportunity entries were exempt from the provisions of this section.
“Land/Lot” now has been stricken from this rule as an exempted property, thereby requiring all listings to have at least one exterior photograph except for Business Opportunity listings.
Section 13.7 Listing Broker’s Permission
Subsection 13.7(a) provides that no MLS Participant or Subscriber may enter property with or without a lockbox without the Listing Broker’s permission. Such permission may be granted by the Listing Broker by specifying permission to use the lockbox through the MLS. Appraiser Participants are expressly prohibited from using lockbox keys to enter a property without either the owner’s or Listing Broker’s permission.
Subsection 13.7(b) has been added to this section.
It states that failure to follow showing instructions as set forth in the MLS is a violation of this rule.
To view the revised the MLS Rules and Regulations and the Citation Policy in their entirety or to download copies for reference, go to www.ocar.org/mlspolicies.