MLS Violation

Posted Mar 16, 2008 @ 10:47 pm, Viewed by 284 Visitors, Read 291 Times.

Be careful about MLS violations

Last week I received an e-mail from the local Board of Realtors, informing me that I had committed an MLS violation.  That caught me completely by surprise.

The infraction: Posting a link in Tempo to my video of a listing.  That in itself wasn't an infraction, but including my contact information in the video made it a violation.

Wow!  Were you aware of this? I remember our Board having informed members about putting contact information in the remarks section of a listing.  That info was distributed about two years ago.  From that point on, we were subject to penalties if we included our name, phone and/or e-mail address in the information viewable by the public.

The purpose was to even the playing field, so that prospective buyers would contact their own agents rather than attempting to contact the listing agent directly.  That seems fair. 

Afterwards, I routinely noticed virtual tours on the MLS that included the listing agents' photo, website address, e-mail and phone number on a sidebar to the tour.  Thus I did not think it was a problem to include my contact information on a video.

Then the e-mail arrived.  The Board sent me several screenshots of the violation and made it clear this should be corrected immediately.

A funny thing happened that day...

Just so happens, on that same day I had switched brokerages and the listing stayed with the brokerage.  I made the brokerage change that morning and went on the road with a customer to look at properties.  In the afternoon when I received the e-mail, the Board already changed my brokerage and I could no longer edit the listing.  I called my former broker and left a message with a person who oversees listings.

The next day the listing was still there, unchanged.  I was getting worried.  The violation notice said to fix the problem within four days or be subject to penalties.  I got ahold of someone in the office and they said they couldn't change the listing either.  They contacted the Board of Realtors and faxed a change form over.  Eventually the violation was removed and everything is okay now. 

Clarification from the Board of Realtors

I called the MLS violations desk and asked for clarification.  They confirmed that photos, virtual tours and videos should not have contact information.

After a thorough search on the internet I was able to find this paragraph from our MLS rules and regulations:

Section 4.9 LISTING BROKERS CONTACT INFORMATION: Listing brokers are prohibited from providing contact information, including but not limited to phone numbers, email addresses and web site addresses within the body of listing remarks, photos or virtual tours that can be viewed, displayed or printed by the general public.

What about the other agents?

I wonder if they had heard about this?  So I started checking the listings with virtual tours.  Most of them are now unbranded.  There were a few that still had virtual tours with contact information.  I called the agents and let them know about the rules, so the MLS Violations office won't come down on them!
 
I don't know if the rules are the same throughout the U.S., you may want to check with your local board.  Make sure your virtual tours, videos and photos do not include your contact info.  Think about it when you take a picture of a listing.  If your yard sign is in the photo, you might be in violation!  And be absolutely sure that you don't include contact information in the section viewable by the public.
 

Update - April 25, 2008

 
It's been a month and the Board has not sent a violation letter to me.  I think that my quick response got me out of trouble and maybe I won't have to pay a fine.  Whew!
 
Aloha, Mike
 
Mike Bates is a realtor selling homes at Hawaii Loa Ridge
 
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2 Responses to “MLS Violation”

Our MLS in Portland has similar guidelines, and I imagine that this is the direction most boards are going.

Posted 4 months ago

I tried getting away with this myself as I saw other virtual tours listed with agent contact info.  I thought, OK, since they're doing it I'm going to as I thought it was a rule but I wasn't sure and thought maybe the rule was changed.  I received a warning from my board requiring me to remove my virtual tour with my info on it.  So I did and just hoped they policed everyone fairly.  I didn't have time to go through the MLS to tattle on others.

Posted 4 months ago
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mikey

mikey Mike Bates is a realtor associate on the island of Oahu. He's lived on Oahu, Maui, Molokai and the Big Island for 28 years and is here to share his knowledge of the Hawaiian Islands with you. Read More

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