You are currently viewing Trending Topics for Compliance: February 2022

Trending Topics for Compliance: February 2022

Cancelation of Listings

In CRMLS systems, listing agents do not have the ability to move a listing to “Canceled” status in the MLS. Only the Broker or Office Manager can cancel a listing. If you supervise listing agents, please be sure to remind them that “Withdrawn” status is not the same as “Canceled” status.

The CRMLS Rules define the “Withdrawn” status like this:

“A valid listing contract is in effect. However, the property is no longer being marketed and as such, no Marketing or Advertising shall occur consistent with Rule 7.9.”

Agents can move a Withdrawn listing back to Active or other appropriate statuses as needed.

The CRMLS Rules define a Canceled listing only as a “listing agreement [that] has been canceled.” A Canceled listing functions as a finalized listing. No one can move a Canceled listing to any other status.

For a list of all statuses and their definitions, please refer to the Listing Status Definitions page on our Knowledgebase.

Use of Other Agents’ Listings

Please remind the listing agents you supervise that advertising a listing that is not their own by way of any media, including the internet, social media, emails, flyers, or print advertisements, without the prior consent of the Listing Broker, is a violation of Rule 12.8. The full rule reads as follows:

12.8 Advertising of Listing Filed With the MLS. A listing shall not be advertised in any media including the Internet by any Participant or Subscriber, other than the Listing Broker, without the prior consent of the Listing Broker except as provided in Section 12.16 relating to display of listings on the Internet.

The rule against advertising someone else’s listing without permission includes situations where an agent takes photos or records videos while showing the listing or attending an open house, then uploads that media to their own social media profile or uses it in any other form of advertising. This practice is increasingly common. Please be aware of the importance of receiving permission from the listing broker prior to such advertising. Having access to a listing does not give you or your agents permission to advertise the listing at will. For a full definition of this rule, please click here and refer to Rule 12.8.

The NAR-mandated Clear Cooperation Policy

The NAR-mandated Clear Cooperation Policy (CCP) went into effect on May 1, 2020, and CRMLS incorporated it into its Rules and Regulations as Rule 7.9. The CCP governs certain conduct related to Residential 1-4 unit and Vacant Land for-sale (not lease) listings that are subject to an Exclusive Right to Sell or Seller Reserved listing agreement, but which no one has yet entered in the MLS for cooperation. Rule 7.9 states that within one (1) business day of marketing any such property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants.

Recently, we have received reports that some agents still claim to be unaware of CCP. Please try to regularly update and educate your agents on this policy. This policy is critical to understand in its entirety. When CRMLS Compliance finds proof that a CRMLS agent or broker has violated the terms of the policy, the fine associated with the citation can be costly. For more on this topic, please visit the Clear Cooperation Policy page on our website.

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