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MRMLS Members would never intentionally commit a violation against the MRMLS Rules and Regulations, but we know it happens.
Click here to download a copy of the MLS Rules and Regulations
Below are the most common violations by month and how to avoid them:
Top 4 Violations for October 2011
VIOLATION/CRMLS SPOT LIGHT
Think no one is watching you when you share your password to allow others to access the CRMLS Matrix? Think again!
Scout for SAFEMLS® is busy capturing user session information such as location, device, and biometrics and it is building a profile to determine what the legitimate user's access looks like. This means that the SAFEMLS® has been
tracking each member's typing cadence and that they're able to determine exactly who you are when you log in to the CRMLS Matrix. The SAFEMLS® Remediation Manager allows CRMLS to create a customized policy for remediating account sharing
activities, including enforcement activities to occur based on number of patterns detected, frequency of sharing and pervasiveness of sharing. Bottom line they'll be able to detect if you're sharing. Using multiple devices has absolutely no bearing on this
investigation process. IP addresses only come into play when SAFEMLS® Remediation Manager has confirmed that you have logged into two or more distant locations within minutes. Once you've entered into Remediation you will receive 5 emailed notifications:
The first notification is known as a "friendly" notice.
- This notice will notify you that a security system has been implemented to detect signs of sharing and will state that sharing is prohibited.
- The second notification is also known as a "friendly" notice.
- This notice will tell you that detected suspicious login activity and that someone else could be using your information without your knowledge. They will suggest that you change your password.
- The third notification is considered your first "warning" notice.
- This notice will be more aggressive in nature and will advise you that they've detected multiple users and that you are now in review. They will request that you change your password.
- The fourth notification is considered your second "warning" notice.
- This notice will be even more aggressive in nature and they will advise you that you're being sent to your Association/Board of REALTORS® for further enforcement. They will request that you change your password.
- The fifth notification is your "final" notice.
- This notice will advise you that the CRMLS has gathered strong evidence that you are account sharing and that you failure to remedy this matter has resulted in you being sent to your local Association/Board of REALTORS® for further enforcement.
- FINE STATUS
- Once we receive the final notice you will incur an automatic $500 fine. You will have the ability to contest the fine and request a hearing where you will have the opportunity to plead your case in front of a professional standards panel.
You can avoid remediation by not sharing your login ID and password with anyone. Once you've reached the fined status you will have no alternative but to continue through the process. Please contact the S.B.A.O.R. Data Integrity Department when you receive your first
notification and we will do our best to assist you.
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Status Updates/Questionable Listing Status
40% of all violations come from the listing's status! Below is a list of the different status' in the CRMLS Matrix, and what the correct use for those status' are. It's important to remember that you must update your listing
status within 48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (Off-Market Status / Back-up (On- Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the CRMLS. You are required to change the listing status to either Pending (The seller has accepted an offer and is not
soliciting offers through the CRMLS) or
Back-up (An offer is accepted and either 1.) The Seller requests that the property remain on an on-market status and is looking for back-up offers, or 2.) The sale is subject to court or other third party approval).
This includes "Short Sales"! When dealing with a short sale, changing the status is not contingent upon acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either Canceled (When the listing agreement between the agent and the client has been canceled)
or Withdrawn (when
there's a valid listing agreement in effect, however the property is no longer being marketed or the seller no longer wants you to represent them, however you have a valid listing agreement that states you can keep it on the CRMLS until it expires).
Note:
Cancel Status: Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status: This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a duplicate listing violation if the seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Inaccurate Information
Approximately 12% of all violations are due to Inaccurate Information being reported to the MLS. Here are a few inaccurate reporting violations:
- Wrong School District
- Wrong Year Built
- Wrong Sale Type
- Wrong number of Rooms, Bathrooms, etc.
The best way to avoid this type of violations is to do your own research to insure that the information being entered is true and accurate. Don't rely on previous listings as they too might be facing violations.
Required Lock Box
Rule 13.6 Required Lockbox states the following. If a lockbox is present on a Residential or Residential Income (1 – 4 Units) property which is located in the state of California and is listed for sale or
lease in the CARETS system, the lockbox must be an electronic lockbox that is
accessible by a key issued by one of the CARETS members. More than one lockbox may
be used on a property as long as one of them meets the criteria above.
*Contact the S.B.A.O.R. Data Integrity Department if you have questions regarding this rule*
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No photo means exactly that, you have failed to upload a photo at all.
Listing Image violations mean that you have input something to the photo that is not permitted. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 35 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation. If you cancel your listing within this 5 day requirement a photo is not required. If you exceed this timeframe a photo is required.
- You must upload at least one photo of the outside structure regardless of the Status.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses,
email addresses, for sale signs displaying the company or agent information, or advertising other than about the property. No messages or solicitations of any kind.
- You must upload at least one photo of the outside structure regardless of the Status.
If you have incurred one or both of these violations, you
must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean, no fine will be attached at this juncture.
Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice.
Be aware that the fines are attached to each no photo and listing image violation that you receive.
Top 4 Violations for September 2011
VIOLATION/CRMLS SPOT LIGHT
Key sharing has been an ongoing issue and as a result CARETS members will face an automatic $2,500 fine.
Rule 13.2 Key Use and Service
Keys may not be used under any circumstances by anyone other than the key holder, including, but not limiting to, lending, borrowing or sharing keys with others. The AOR/MLS is not obligated to provide service on keys or lockboxes to an individual
who is not the registered lessee or owner of the component. The key will only be used for the purpose of facilitating the sale/lease of a property.
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Status Updates/Questionable Listing Status
40% of all violations come from the listing's status! Below is a list of the different status' in the CRMLS Matrix, and what the correct use for those status' are. It's important to remember
that you must update your listing status
within 48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (Off-Market Status / Back-up (On- Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the CRMLS. You are required to change the listing status to either Pending
(The seller has accepted an offer and is not soliciting offers through the CRMLS) or Back-up (An offer is accepted and either 1.) The Seller requests that the property remain on an on-market
status and is looking for back-up offers, or 2.) The sale is subject to court or other third party approval).
This includes "Short Sales"! When dealing with a short sale, changing the status is not contingent upon acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either Canceled (When the
listing agreement between the agent and the client has been canceled)
or Withdrawn (when there's a valid listing agreement in effect, however the property is no longer being marketed or the seller no longer wants you to represent them, however you have
a valid listing agreement that states you can keep it on the CRMLS until it expires).
Note:
Cancel Status: Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status: This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a duplicate listing violation if the
seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Inaccurate Information
Approximately 12% of all violations are due to Inaccurate Information being reported to the MLS. Here are a few inaccurate reporting violations:
- Wrong School District
- Wrong Year Built
- Wrong Sale Type
- Wrong number of Rooms, Bathrooms, etc.
The best way to avoid this type of violations is to do your own research to insure that the information being entered is true and accurate. Don't rely on previous listings as they too might be facing violations.
Required Lock Box
Rule 13.6 Required Lockbox states the following. If a lockbox is present on a Residential or Residential Income (1 – 4 Units) property which is located in the state of California and is listed for sale or
lease in the CARETS system, the lockbox must be an electronic lockbox that is
accessible by a key issued by one of the CARETS members. More than one lockbox may
be used on a property as long as one of them meets the criteria above.
*Contact the S.B.A.O.R. Data Integrity Department if you have questions regarding this rule*
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No photo means exactly that, you have failed to upload a photo at all.
Listing Image violations mean that you have input something to the photo that is not permitted. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 35 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation. If you cancel your listing within this 5 day requirement a photo is not required. If you exceed this timeframe a photo is required.
- You must upload at least one photo of the outside structure regardless of the Status.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses, for sale signs displaying the company or agent information, or advertising other than about the property. No messages or solicitations of any kind.
- You must upload at least one photo of the outside structure regardless of the Status.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean, no fine will be attached at this juncture.
Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice. Be aware that the fines are attached to each no photo and listing image violation that you receive.
Top 4 Violations for August 2011
VIOLATION SPOT LIGHT
On Wednesday, August 24, 2011, a new feature will be added to the CRMLS Matrix Platform that displays any of your listings that are within two weeks of their expiration date.
To view your expiring listings, click the My Expiring Listings link, under My Listings, on the CRMLS Matrix Home screen. You can also view your expiring listings by clicking the My Listings link on the My Matrix tab and selecting My Expiring Listings in the drop-down menu.
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Status Updates/Questionable Listing Status
40% of all violations come from the listing's status! Below is a list of the different status' in the CRMLS Matrix, and what the correct use for those status' are. It's important to remember that you must update your listing status within 48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (Off-Market Status / Back-up (On- Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the CRMLS. You are required to change the listing status to either Pending (The seller has accepted an offer and is not soliciting offers through the CRMLS) or Back-up
(An offer is accepted and either 1.) The Seller requests that the property remain on an on-market status and is looking for back-up offers, or 2.) The sale is subject to court or other third party approval). This includes "Short Sales"! When dealing with a short sale,
changing the status is not contingent upon acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either Canceled (When the listing agreement between the agent and the client has been canceled) or Withdrawn (when
there's a valid listing agreement in effect, however the property is no longer being marketed or the seller no longer wants you to represent them, however you have a valid listing agreement that states you can keep it on the CRMLS until it expires).
Note:
Cancel Status: Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status: This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a duplicate listing violation if the seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Inaccurate Information
Approximately 12% of all violations are due to Inaccurate Information being reported to the MLS. Here are a few inaccurate reporting violations:
- Wrong School District
- Wrong Year Built
- Wrong Sale Type
- Wrong number of Rooms, Bathrooms, etc.
The best way to avoid this type of violations is to do your own research to insure that the information being entered is true and accurate. Don't rely on previous listings as they too might be facing violations.
Required Lock Box
Rule 13.6 Required Lockbox states the following. If a lockbox is present on a Residential or Residential Income (1 - 4 Units) property which is located in the state of California and is listed for sale or
lease in the CARETS system, the lockbox must be an electronic lockbox that is
accessible by a key issued by one of the CARETS members. More than one lockbox may
be used on a property as long as one of them meets the criteria above.
*Contact the S.B.A.O.R. Data Integrity Department if you have questions regarding this rule*
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No photo means exactly that, you have failed to upload a photo at all.
Listing Image violations mean that you have input something to the photo that is not permitted. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 35 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation. If you cancel your listing within this 5 day requirement a photo is not required. If you exceed this timeframe a photo is required.
- You must upload at least one photo of the outside structure regardless of the Status.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses, for sale signs displaying the company or agent information, or
advertising other than about the property. No messages or solicitations of any kind.
- You must upload at least one photo of the outside structure regardless of the Status.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean, no fine will be attached at this juncture. Once this
letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice. Be aware that the fines are attached to each no
photo and listing image violation that you receive.
Top 4 Violations for July 2011
VIOLATION SPOT LIGHT
On July 19th, 2011 a new Key Safe Serial Number field was added to the CRMLS Matrix Platform. This new field will be required during listing input if an electronic lockbox is selected in the
Key Safe Description field. Effective August 1, 2011; if an electronic lockbox is selected in the Key Safe Description field you will be required to enter the key safe's serial number in the
Key Safe Serial Number field for all new listings you add in the CRMLS Matrix Platform. Failure to enter a valid serial number for your key safe in the Key Safe Serial Number field is a violation of Sections
7.14 and 8.3 of the CARETS Standardized Rules and Regulations and may result in fines and/or further action by your local Association/Board of REALTORS®.
Note: If you change the value entered in the Key Safe Description field for an existing active listing, you will be required to enter your key safe's serial number in the Key Safe Serial Number field before you can submit your updated listing information.
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Status Updates/Questionable Listing Status
40% of all violations come from the listing's status! Below is a list of the different status' in the CRMLS Matrix, and what the correct use for those status' are. It's important to remember that you must update your listing status within
48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (Off-Market Status / Back-up (On- Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the CRMLS. You are required to change the listing status to either
Pending (The seller has accepted an offer and is not soliciting offers through the CRMLS) or Back-up (An offer is accepted and either 1.) The Seller requests that the property remain on an on-market status and is looking for back-up
offers, or 2.) The sale is subject to court or other third party approval). This includes "Short Sales"! When dealing with a short sale, changing the status is not contingent upon acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either Canceled (When the listing agreement between the agent and the client has been canceled) or
Withdrawn (when there's a valid listing agreement in effect, however the property is no longer being marketed or the seller no longer wants you to represent them, however you have a valid listing agreement that states you can keep it on the CRMLS until it expires).
Note:
Cancel Status: Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status: This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a duplicate listing violation if the seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Inaccurate Information
Approximately 12% of all violations are due to Inaccurate Information being reported to the MLS. Here are a few inaccurate reporting violations:
- Wrong School District
- Wrong Year Built
- Wrong Sale Type
- Wrong number of Rooms, Bathrooms, etc.
The best way to avoid this type of violations is to do your own research to insure that the information being entered is true and accurate. Don't rely on previous listings as they too might be facing violations.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No photo means exactly that, you have failed to upload a photo at all.
Listing Image violations mean that you have input something to the photo that is not permitted. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 35 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation. If you cancel your listing within this 5 day requirement a photo is not required. If you exceed this timeframe a photo is required.
- You must upload at least one photo of the outside structure regardless of the Status.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses, for sale signs displaying the company or agent information, or advertising other than about the property.
No messages or solicitations of any kind.
- You must upload at least one photo of the outside structure regardless of the Status.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean, no fine will be attached at this juncture.
Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice. Be aware that the fines are attached to each no photo and listing image violation that you receive.
Listing Waivers
The South Bay Association of REALTORS® requires that brokers participating in the service submit all of their listings to the MLS for cooperation and compensation within
48 hours of obtaining all necessary signatures of the seller(s) on the listing agreement. If the sellers(s) refuse to permit the listing to be disseminated by the MLS, the listing broker shall submit within
48 hours of obtaining all necessary signatures on the listing agreement, this certification signed by the seller(s) along with a copy of the listing agreement in order to be deemed valid. Failure to comply with the above policy will result in a MLS violation, which could lead to fines.
- There are only two documents required when submitting a valid listing waiver:
- A fully executed listing waiver form
- A copy of the completed RLA (Residential Listing Agreement).
- If the agent and broker information, i.e. name and contact numbers are not legible; your listing waiver will not be processed. As a result you can face infractions beyond violations if corrective action is not taken.
- The waiver form requires the listing agent's information, not the co-listing agents'. If you disclose the co-listing agent the violation will apply to both of you.
- You must enter in a complete date for the listing waiver's expiration date (Month-Date-Year).
- When submitting an extension of the original waiver it must be received no later than the original waiver's expiration date; to prevent a violation.
- We prefer that you use the S.B.A.O.R Listing Wavier form; you can obtain the most current forms and documents by visiting our website: www.southbayaor.com.
- You have the option to either fax or email your listing waiver to the Data Integrity Department: stephanie@southbayaor.com (preferred) or 310-325-5637 (direct fax). DO NOT DO BOTH.
Listing Waiver Check List:
- Am I using the S.B.A.O.R. Listing Waiver form?
- Do I have all required signatures?
- Have I entered in all of the necessary contact information?
- Have I entered in the listing date, the listing expiration date and the listing waiver expiration date?
- Is the information I've disclosed clear and legible?
- Have I attached the listing RLA (Residential Listing Agreement)?
- Am I submitting my waiver within the 48 hour timeframe?
Note: The "listing date" on the listing waiver form is the same as the date of the seller(s) signature date on the R.L.A. (Residential Listing Agreement).
Top 4 Violations for June 2011
VIOLATION SPOT LIGHT
ENQUIRING MINDS WANT TO KNOW!!!! Can your assistant input listing information to the MLS? YES. Provided they're a registered assistant with the S.B.A.O.R. and have their own login ID.
Having your assistant use your ID is a violation that will be pursued. If you're assistant creates a violation on the MLS it will not affect them, but it will affect you and possibly your pocket book! It's important that your assistant be educated
with regard to MLS input as well as Data Integrity. We offer Matrix Training Classes; Beginning, Intermediate and Advanced; I recommend that they attend all three as well as the "DO's and Don'ts of Compliance".
I would visit our website www.southbayaor.com for details. Please contact our Membership department to register your assistant today!
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Status Updates/Questionable Listing Status
25% of all violations come from the listing's status! Below is a list of the different status' in the CRMLS Matrix, and what the correct use for those status' are. It's important to remember that you must update your listing status within 48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (Off-Market Status / Back-up (On- Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the CRMLS. You are required to change the listing status to either Pending (The seller has accepted an offer and is not soliciting offers through the CRMLS) or
Back-up (An offer is accepted and either 1.) The Seller requests that the property remain on an on-market status and is looking for back-up offers, or 2.) The sale is subject to court or other third party approval).
This includes "Short Sales"! When dealing with a short sale, changing the status is not contingent upon acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either Canceled (When the listing agreement between the agent and the client has been canceled) or
Withdrawn (when there's a valid listing agreement in effect, however the property is no longer being marketed or the seller no longer wants you to represent them, however you have a valid listing agreement that states you can keep it on the CRMLS until it expires).
Note:
Cancel Status: Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status: This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a duplicate listing violation if the seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Inaccurate Information
Approximately 12% of all violations are due to Inaccurate Information being reported to the MLS. Here are a few inaccurate reporting violations:
- Wrong School District
- Wrong Year Built
- Wrong Sale Type
- Wrong number of Rooms, Bathrooms, etc.
The best way to avoid this type of violations is to do your own research to insure that the information being entered is true and accurate. Don't rely on previous listings as they too might be facing violations.
Property Description
Did you know that Property Description Violations make up 11 - 15% of all violations? This percentage puts this infraction high on the Violation Richter Scale. So what steps can you take to prevent this violation? Listed below is a list of what is not allowed and allowed in the property description.
Not Allowed:
The following are NOT allowed to appear in the property description: Gate/Alarm Codes, Lockbox Combo, FSBO, Vacant, Open House Information, Email Addresses, Website Addresses, Phone Numbers, Agent, Assistant, Co-Lister or Owner Names, or any language that violates
Fair Housing/HUD Guidelines.
Allowed:
So what is allowed in the property description field? Anything pertinent to the sale of the property including: a description of the property, its features, its location or community, specific terms to or exclusions from a sale (or lease), or legally required statements. You can also input if the listing is a
Short Sale, REO or Auction, however, you cannot enter in any details. Also, do not enter what the listing is not. For example: "This is NOT a Short Sale, REO, Auction, etc.
The CRMLS will run automatic scans of property description violations. In the past they would scan for an entire phrase that was inputted incorrectly. Now they're scanning process not only looks for phrases, but key words as well. The dilemma is that you may enter in a phrase that is in
compliance but it might use a word such as "lock" or "key" and the system will give you a popup warning. As long as you're following the guidelines provided to you, bypassing the popup will not pose an issue for you. If you are ever in any doubt you can contact the Data Integrity Department
for assistance. If you are hit with a property description violation the CRMLS will automatically remove the errant data and send you a copy of the violation showing you a "before modification" and after modification snapshot. This violation is absolute and cannot be waived; so make sure that you're
taking every step necessary to remain in compliance.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No photo means exactly that, you have failed to upload a photo at all. Listing Image violations mean that you have input something
to the photo that is not permitted. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 35 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation. If you cancel your listing within this 5 day requirement a photo is not required. If you exceed this timeframe a photo is required.
- You must upload at least one photo of the outside structure regardless of the Status.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses, for sale signs displaying the company or agent information,
or advertising other than about the property. No messages or solicitations of any kind
- You must upload at least one photo of the outside structure regardless of the Status.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean,
no fine will be attached at this juncture. Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every
consecutive notice. Be aware that the fines are attached to each no photo and listing image violation that you receive.
Top 4 Violations for May 2011
VIOLATION SPOT LIGHT
Starting May 1, 2011 the new CRMLS Data Integrity Fine Schedule went into effect; listed below is the fine schedule for violations.
- First through third violation: You will receive "warning" letters that will be tracked on your S.B.A.O.R. record for the current calendar year; no penalty will be applied.
- Fourth Violation: You will incur a $250 fine or have the opportunity to attend our compliance class in lieu of paying the fine.
- Fifth and subsequent violations: Each fine incurred will be $500 each to be paid in full immediately.
- No corrective action taken: You will have 2 business days, from the date of your first notification to take corrective action. If none is taken you will face an automatic $250 fine for each violation due in full.
If you opt to attend the compliance class training in lieu of paying the $250 fine for the fourth violation, you will pay a $50 non-refundable one-time fee and complete the course within a 60 day period. You will be given the opportunity
for one make-up session only. Failure to complete the make-up session will result in assessment of the full $250 fine for the applicable violation.
The maximum accumulated fine for a SINGLE violation is $2,500!
I really want to put the total accumulated fines into perspective and express how important it is to address every violation you might incur. Let's say you've incurred 3 violations and failed to take
corrective action for a long time on all three. You can be fined a maximum of $2,500 for each violation.
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Status Updates/Questionable Listing Status
25% of all violations come from the listing's status! Below is a list of the different status' in the CRMLS Matrix, and what the correct use for those status' are. It's important to remember that you
must update your listing status within 48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (Off-Market Status / Back-up (On- Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the CRMLS. You are required to change the listing status to either Pending (The seller has accepted an offer and is not soliciting offers through the CRMLS) or
Back-up (An offer is accepted and either 1.) The Seller requests that the property remain on an on-market status and is looking for back-up offers, or 2.) The sale is subject to court or other third party approval). This includes "Short Sales"!
When dealing with a short sale, changing the status is not contingent upon acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either Canceled (When the listing agreement between the agent and the client has been canceled) or Withdrawn (when there's a valid listing agreement in effect,
however the property is no longer being marketed or the seller no longer wants you to represent them, however you have a valid listing agreement that states you can keep it on the CRMLS until it expires).
Note:
Cancel Status: Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status: This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a duplicate listing violation if the seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Inaccurate Information
Approximately 12% of all violations are due to Inaccurate Information being reported to the MLS. Here are a few inaccurate reporting violations:
- Wrong School District
- Wrong Year Built
- Wrong Sale Type
- Wrong number of Rooms, Bathrooms, etc
The best way to avoid this type of violations is to do your own research to insure that the information being entered is true and accurate. Don't rely on previous listings as they too might be facing violations.
Lockbox
If a lockbox is present on a Residential or Residential Income (1 - 4 Units) property which is located in the state of California and is listed for sale or lease in the CARETS system, the lockbox must be an electronic lockbox that is accessible by a key
issued by one of the CARETS members. More than one lockbox may
be used on a property as long as one of them meets the criteria above. Rule 13.6 of the Rules and Regulations of the Multiple Listing Service.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No Photo means exactly that, you have failed to upload a photo at all. Listing Image
violations mean that you have input something to the photo that is not permitted. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 35 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation. If you cancel your listing within this 5 day requirement a photo is not required. If you exceed this timeframe a photo is required.
- You must upload at least one photo of the outside structure regardless of the Status.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses, for sale signs displaying the company or agent information, or advertising other than about the property. No messages or solicitations of any kind.
- You must upload at least one photo of the outside structure regardless of the Status.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean,
no fine will be attached at this juncture. Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd
and every consecutive notice. Be aware that the fines are attached to each no photo and listing image violation that you receive.
Top 4 Violations for April 2011
VIOLATION SPOT LIGHT
A question that's frequently asked is, "Can you list the same property more than once on the MLS". The answer to that question is YES! You can list the same property in the following categories:
- SFR (Single Family Residence)
- Residential Income (Refer to tax rolls before you list)
- Land and Lot
- Lease
However, you cannot list twice in the same category. Regarding Residential Income, your best bet is to refer to the tax rolls before you list in this category.
EXAMPLE:
Picture that you have this house that can be lived in right now; so you list it under SFR. You then realize that it could also be scraped and there's potential to build this 4,000 square ft. mansion; so you list under land and lot. In the meantime it's not selling so you lease it out.
HOWEVER; you CANNOT have the property listed as a "House" and a "Townhouse" because that would fall under the same category.
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Auto Sell Violations
Understanding and applying the correct status to a listing can be confusing, not to mention stressful; especially when you're trying to avoid a violation. One of the most common rule infractions is "auto sell" violations.
An auto sell violation occurs when you fail to update the status of your listing or extend the estimated COE (close of escrow) date. You are required to make this change on or within 48 hours of this estimated date. Failure to update the status or extend the Estimated COE date will result in a violation.
If you fail to update the status or extend the estimated COE date within the 48 hour time frame your status will change to P*(Pending*) or B* (Backup*) and you are now in violation. You're given an additional three days to edit this listing (total of 5 days to edit), but it does not absolve you of the violation. If corrective action hasn't been taken by the 6th day, the system will automatically change the status to S*(Closed Sale*) and your ability to edit will be removed. At this juncture you will have no option but to contact the Data Integrity Department to correct this violation.
HINT: Directly above the Estimated COE date entry, in red writing, the CRMLS gives a detailed review of the rule, what is required of you and the consequences if action is not taken within the required time frame.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No photo means exactly that, you have failed to upload a photo at all.
Listing Image violations mean that you have input something to the photo that is not permitted. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 35 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation. If you cancel your listing within this 5 day requirement a photo is not required. If you exceed this timeframe a photo is required.
- You must upload at least one photo of the outside structure regardless of the Status.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses, for sale signs displaying the company or agent information, or advertising other than about the property. No messages or solicitations of any kind.
- You must upload at least one photo of the outside structure regardless of the Status.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean, no fine will be attached at this juncture. Once this letter is mailed,
follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice. Be aware that the fines are attached to each no photo and listing image violation that you receive.
Listing Waivers
The South Bay Association of REALTORS® requires that brokers participating in the service submit all of their listings to the MLS for cooperation and compensation within 48 hours of obtaining all necessary signatures of the seller(s) on the listing agreement. If the sellers(s)
refuse to permit the listing to be disseminated by the MLS, the listing broker shall submit within 48 hours of obtaining all necessary signatures on the listing agreement, this certification signed by the seller(s) along with a copy of the listing agreement in order to be deemed valid.
Failure to comply with the above policy will result in a MLS violation, which could lead to fines.
- There are only two documents required when submitting a valid listing waiver:
- A fully executed listing waiver form
- A copy of the completed RLA (Residential Listing Agreement).
- If the agent and broker information, i.e. name and contact numbers are not legible; your listing waiver will not be processed. As a result you can face infractions beyond violations if corrective action is not taken.
- The waiver form requires the listing agent's information, not the co-listing agents'. If you disclose the co-listing agent the violation will apply to both of you.
- You must enter in a complete date for the listing waiver's expiration date (Month-Date-Year).
- When submitting an extension of the original waiver it must be received no later than the original waiver's expiration date; to prevent a violation.
- We prefer that you use the S.B.A.O.R Listing Wavier form; you can obtain the most current forms and documents by visiting our website: www.southbayaor.com.
- You have the option to either fax or email your listing waiver to the Data Integrity Department: stephanie@southbayaor.com (preferred) or 310-325-5637 (direct fax). DO NOT DO BOTH.
Listing Waiver Check List:
- Am I using the S.B.A.O.R. Listing Waiver form?
- Do I have all required signatures?
- Have I entered in all of the necessary contact information?
- Have I entered in the listing date, the listing expiration date and the listing waiver expiration date?
- Is the information I've disclosed clear and legible?
- Have I attached the listing RLA (Residential Listing Agreement)?
- Am I submitting my waiver within the 48 hour timeframe?
Note: The "listing date" on the listing waiver form is the same as the date of the seller(s) signature date on the R.L.A. (Residential Listing Agreement).
Status Updates/Questionable Listing Status
40% of all violations come from the listing's status! Below is a list of the different status' in the CRMLS Matrix, and what the correct use for those status' are. It's important to remember that you must update your listing status within 48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (Off-Market Status / Back-up (On- Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the CRMLS. You are required to change the listing status to either Pending (The seller has accepted an offer and is not soliciting offers through the CRMLS) or Back-up
(An offer is accepted and either 1.) The Seller requests that the property remain on an on-market status and is looking for back-up offers, or 2.) The sale is subject to court or other third party approval). This includes "Short Sales"! When dealing with a short sale,
changing the status is not contingent upon acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either Canceled (When the listing agreement between the agent and the client has been canceled) or Withdrawn (when there's a valid listing agreement in effect, however the property is no longer being marketed or the seller no longer wants you to represent them, however you have a valid listing agreement that states you can keep it on the CRMLS until it expires).
Note:
Cancel Status: Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status: This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a duplicate listing violation if the seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Top 4 Violations for March 2011
VIOLATION SPOT LIGHT - "Dual or Variable Rate commission"
This violation is commonly misunderstood and can be a bit confusing. A dual or variable rate of commission scenario is one in which you take a listing and agree with the seller that if you also represent the buyer in the transaction that you will reduce
the total amount of commission the seller pays. This agreement is documented on the listing contract and you must also disclose this agreement on the MLS in the "Dual/Variable Rate of Commission" field on the Office/MLS page of the Add/Edit tab.
EXAMPLE ONE:
You take a listing for a total compensation of 5% and offer 2 1/2% to the selling (buyers) agent, keeping 2 1/2% as the listing agent compensation. However, your listing contract states that if you also represent the buyer, the total commission paid
will be reduced to a total of 4%. This is dual or variable rate of commission scenario and "YES" is required in the applicable field.
EXAMPLE TWO:
You take a listing for a total compensation of 5% and offer 2 1/2% to the selling (buyers) agent, keeping 2 1/2% as the listing agent compensation. During the life of the listing, you meet a buyer and end up writing up an offer for your listing. During
the course of negotiations with the seller, you agree to reduce your total commission in order to get the deal done. Although a dual or variable commission has been negotiated as part of the purchase, it is not a term of the listing contract and therefore, there is
NO need to modify the listing on the MLS (although the concession should be mentioned in the sale information when reporting the sale on the MLS).
Remember, whenever you change the actual terms of a listing, whether it be a price change, sale type change (standard to short sale, for example), listing expiration date, or a change in the commission terms, all must be modified on the MLS within
48 hours. If a dual or variable commission agreement is made after the initial listing is signed but NOT as a part of a purchase negotiation, the agreement should be documented, signed by all parties, and the MLS modified accordingly.
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Auto Sell Violations
Understanding and applying the correct status to a listing can be confusing, not to mention stressful; especially when you're trying to avoid a violation. One of the most common rule infractions is "auto sell" violations.
An auto sell violation occurs when you fail to update the status of your listing or extend the estimated COE (close of escrow) date. You are required to make this change on or within 48 hours of this estimated date. Failure to update the status or extend the Estimated COE date will result in a violation.
If you fail to update the status or extend the estimated COE date within the 48 hour time frame your status will change to P*(Pending*) or B* (Backup*) and you are now in violation. You're given an additional three days to edit this listing (total of 5 days to edit), but it does not absolve you of the violation. If corrective action hasn't been taken by the 6th day, the system will automatically change the status to S*(Closed Sale*) and your ability to edit will be removed. At this juncture you will have no option but to contact the Data Integrity Department to correct this violation.
HINT: Directly above the Estimated COE date entry, in red writing, the CRMLS gives a detailed review of the rule, what is required of you and the consequences if action is not taken within the required time frame.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No photo means exactly that, you have failed to upload a photo at all. Listing Image violations mean that you have input something to the photo that is not permitted. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 35 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation. If you cancel your listing within this 5 day requirement a photo is not required. If you exceed this timeframe a photo is required
- You must upload at least one photo of the outside structure regardless of the Status
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses, for sale signs displaying the company or agent information, or advertising other than about the property.
No messages or solicitations of any kind.
- You must upload at least one photo of the outside structure regardless of the Status.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean,
no fine will be attached at this juncture. Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice.
Be aware that the fines are attached to each no photo and listing image violation that you receive.
Listing Waivers
The South Bay Association of REALTORS® requires that brokers participating in the service submit all of their listings to the MLS for cooperation and compensation within 48 hours of obtaining all necessary signatures of the seller(s) on the listing agreement.
If the sellers(s) refuse to permit the listing to be disseminated by the MLS, the listing broker shall submit within 48 hours of obtaining all necessary signatures on the listing agreement, this certification signed by the seller(s) along with a copy of the listing agreement in
order to be deemed valid. Failure to comply with the above policy will result in a MLS violation, which could lead to fines.
- If the agent and broker information, i.e. name and contact numbers are not legible; your listing waiver will not be processed. As a result you can face infractions beyond violations if corrective action is not taken.
- The waiver form requires the listing agent's information, not the co-listing agents'. If you disclose the co-listing agent the violation will apply to both of you.
- When submitting an extension of the original waiver it must be received no later than the original waiver's expiration date; to prevent a violation
- We prefer that you use the S.B.A.O.R Listing Wavier form; you can obtain the most current forms and documents by visiting our website: www.southbayaor.com.
- You have the option to either fax or email your listing waiver to the Data Integrity Department: stephanie@southbayaor.com (preferred) or 310-325-5637 (direct fax). DO NOT DO BOTH.
Listing Waiver Check List:
- Am I using the S.B.A.O.R. Listing Waiver form?
- Do I have all required signatures?
- Have I entered in all of the necessary contact information?
- Have I entered in the listing date, the listing expiration date and the listing waiver expiration date?
- Is the information I've disclosed clear and legible?
- Have I attached the listing RLA (Residential Listing Agreement)?
- Am I submitting my waiver within the 48 hour timeframe?
Note: The "listing date" on the listing waiver form is the same as the date of the seller(s) signature date on the R.L.A. (Residential Listing Agreement).
Status Updates/Questionable Listing Status
40% of all violations come from the listing's status! Below is a list of the different status' in the CRMLS Matrix, and what the correct use for those status' are. It's important to remember that you must update your listing status within 48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (Off-Market Status / Back-up (On- Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the CRMLS. You are required to change the listing status to either Pending (The seller has accepted an offer and is not soliciting offers through the CRMLS) or
Back-up (An offer is accepted and either 1.) The Seller requests that the property remain on an on-market status and is looking for back-up offers, or 2.) The sale is subject to court or other third party approval).
This includes "Short Sales"! When dealing with a short sale, changing the status is not contingent upon acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either Canceled (When the listing agreement between the agent and the client has been canceled) or
Withdrawn (when there's a valid listing agreement in effect, however the property is no longer being marketed or the seller no longer wants you to represent them, however you have a valid listing agreement that states you can keep it on the CRMLS until it expires).
Note:
Cancel Status:
Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status:
This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a duplicate listing violation if the seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Top 4 Violations for February 2011
VIOLATION SPOT LIGHT - "Property Description"
Did you know that Property Description Violations make up 11 - 15% of all violations? This percentage puts this infraction high on the Violation Richter Scale.
So what steps can you take to prevent this violation? Listed below is a list of what is not allowed and allowed in the property description.
NOT ALLOWED:
The following are NOT allowed to appear in the property description: Gate/Alarm Codes, Lockbox Combo, FSBO, Vacant, Open House Information, Email Addresses,
Website Addresses, Phone Numbers, Agent, Assistant, Co-Lister or Owner Names, or any language that violates Fair Housing/HUD Guidelines.
ALLOWED:
So what is allowed in the property description field? Anything pertinent to the sale of the property including: a description of the property, its features, its location or
community, specific terms to or exclusions from a sale (or lease), or legally required statements. You can also input if the listing is a Short Sale, REO or Auction, however, you
cannot enter in any details. Also, do not enter what the listing is not. For example: "This is NOT a Short Sale, REO, Auction, etc.
The CRMLS will run automatic scans of property description violations. In the past they would scan for an entire phrase that was inputted incorrectly. Now they're scanning
process not only looks for phrases, but key words as well. The dilemma is that you may enter in a phrase that is in compliance but it might use a word such as "lock" or "key"
and the system will give you a popup warning. As long as you're following the guidelines provided to you, bypassing the popup will not pose an issue for you. If you are ever in
any doubt you can contact the Data Integrity Department for assistance. If you are hit with a property description violation the CRMLS will automatically remove the errant data
and send you a copy of the violation showing you a "before modification" and after modification snapshot. This violation is absolute and cannot be waived; so make sure that you're
taking every step necessary to remain in compliance.
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Auto Sell Violations
Understanding and applying the correct status to a listing can be confusing, not to mention stressful; especially when you're trying to avoid a violation. One of the most common rule infractions is "auto sell" violations.
An auto sell violation occurs when you fail to update the status of your listing or extend the estimated COE (close of escrow) date. You are required to make this change on or within 48 hours of this estimated date. Failure to update the status or extend the Estimated COE date will result in a violation.
If you fail to update the status or extend the estimated COE date within the 48 hour time frame your status will change to P*(Pending*) or B* (Backup*) and you are now in violation. You're given an additional three days to edit this listing (total of 5 days to edit), but it does not absolve you of the violation.
If corrective action hasn't been taken by the 6th day, the system will automatically change the status to S*(Closed Sale*) and your ability to edit will be removed. At this juncture you will have no option but to contact the Data Integrity Department to correct this violation.
HINT: Directly above the Estimated COE date entry, in red writing, the CRMLS gives a detailed review of the rule, what is required of you and the consequences if action is not taken within the required time frame.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one.
No photo means exactly that, you have failed to upload a photo at all. Listing Image violations mean that you have input something to the photo that is not permitted. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 35 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation. If you cancel your listing within this 5 day requirement a photo is not required. If you exceed this timeframe a photo is required.
- You must upload at least one photo of the outside structure regardless of the Status.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses, for sale signs
displaying the company or agent information, or advertising other than about the property. No messages or solicitations of any kind.
- You must upload at least one photo of the outside structure regardless of the Status.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean, no fine will be attached at this juncture.
Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice. Be aware that the fines are attached to each no
photo and listing image violation that you receive.
Listing Waivers
The South Bay Association of REALTORS® requires that brokers participating in the service submit all of their listings to the MLS for cooperation and compensation within 48 hours of obtaining all necessary signatures of the seller(s) on the listing agreement. If the sellers(s) refuse to permit the listing to be disseminated by the MLS, the listing broker shall submit within 48 hours of obtaining all necessary signatures on the listing agreement, this certification signed by the seller(s) along with a copy of the listing agreement in order to be deemed valid. Failure to comply with the above policy will result in a MLS violation, which could lead to fines.
If the agent and broker information, i.e. name and contact numbers are not legible; your listing waiver will not be processed. The waiver form requires the listing agent's information, not the co-listing agent. If you disclose the co-listing agent the violation will apply to both of you.
When submitting an extension of the original waiver it must be received no later than the original waiver's expiration date; to prevent a violation.
We prefer that you use the S.B.A.O.R Listing Wavier form; you can obtain the most current forms and documents by visiting our website: www.southbayaor.com. You have the option to either fax or email your listing waiver to the Data Integrity
Department: stephanie@southbayaor.com (preferred) or 310-325-5637 (direct fax).
Listing Waiver Check List:
- Am I using the S.B.A.O.R. Listing Waiver form?
- Do I have all required signatures?
- Is the information I've disclosed clear and legible?
- Have I attached the listing agreement?
- Am I submitting my waiver within the 48 hour timeframe?
Note: The "listing date" on the listing waiver form is the same as the date the seller(s) signed the R.L.A. (Residential Listing Agreement).
Status Updates/Questionable Listing Status
40% of all violations come from the listing's status! Below is a list of the different status' in the CRMLS Matrix, and what the correct use for those status' are. It's important to remember that you must update your listing status within
48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (Off-Market Status / Back-up (On- Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the CRMLS. You are required to change the listing status to either
Pending (The seller has accepted an offer and is not soliciting offers through the CRMLS) or Back-up (An offer is accepted and either 1.) The Seller requests that the property remain on an on-market status and is looking for back-up offers, or 2.)
The sale is subject to court or other third party approval). This includes "Short Sales"! When dealing with a short sale, changing the status is not contingent upon acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either
Canceled (When the listing agreement between the agent and the client has been canceled) or Withdrawn (when there's a valid listing agreement in effect, however the property is no longer being marketed
or the seller no longer wants you to represent them, however you have a valid listing agreement that states you can keep it on the CRMLS until it expires).
Note:
Cancel Status: Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status: This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a duplicate listing violation if the seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Top 4 Violations for January 2011
Auto Sell Violations
Understanding and applying the correct status to a listing can be confusing, not to mention stressful; especially when you're trying to avoid a violation. One of the most common rule infractions is "auto sell" violations.
An auto sell violation occurs when you fail to update the status of your listing or extend the estimated COE (close of escrow) date. You are required to make this change on or within 48 hours of this estimated date. Failure to update the status or extend the Estimated COE date will result in a violation.
If you fail to update the status or extend the estimated COE date within the 48 hour time frame your status will change to P*(Pending*) or B* (Backup*) and you are now in violation. You're given an additional three days to edit this listing (total of 5 days to edit), but it does not absolve you of the violation. If corrective action hasn't been taken by the 6th day, the system will automatically change the status to S*(Closed Sale*) and your ability to edit will be removed. At this juncture you will have no option but to contact the Data Integrity Department to correct this violation.
HINT: Directly above the Estimated COE date entry, in red writing, the CRMLS gives a detailed review of the rule, what is required of you and the consequences if action is not taken within the required time frame.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No photo means exactly that, you have failed to upload a photo at all.
Listing Image violations mean that you have input something to the photo that is not permitted. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 35 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation. If you cancel your listing within this 5 day requirement a photo is not required. If you exceed this timeframe a photo is required.
- You must upload at least one photo of the outside structure regardless of the Status.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses, for sale signs displaying the company or agent information, or advertising other than about the property. No messages or solicitations of any kind.
- You must upload at least one photo of the outside structure regardless of the Status.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean, no fine will be attached at this juncture.
Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice. Be aware that the fines are attached to each no photo and listing image violation that you receive.
Listing Waivers
The South Bay Association of REALTORS® requires that brokers participating in the service submit all of their listings to the MLS for cooperation and compensation within 48 hours of obtaining all necessary signatures of the seller(s) on the listing agreement.
If the sellers(s) refuse to permit the listing to be disseminated by the MLS, the listing broker shall submit within 48 hours of obtaining all necessary signatures on the listing agreement, this certification signed by the seller(s) along with a copy of the listing agreement in order to
be deemed valid. Failure to comply with the above policy will result in a MLS violation, which could lead to fines.
If the agent and broker information, i.e. name and contact numbers are not legible; your listing waiver will not be processed. The waiver form requires the listing agent's information, not the co-listing agent.
If you disclose the co-listing agent the violation will apply to both of you.
When submitting an extension of the original waiver it must be received no later than the original waiver's expiration date; to prevent a violation.
We prefer that you use the S.B.A.O.R Listing Wavier form; you can obtain the most current forms and documents by visiting our website: www.southbayaor.com. You have the option to either fax or email your listing waiver to the Data Integrity Department:
stephanie@southbayaor.com (preferred) or 310-325-5637 (direct fax).
Listing Waiver Check List:
- Am I using the S.B.A.O.R. Listing Waiver form?
- Do I have all required signatures?
- Is the information I've disclosed clear and legible?
- Have I attached the listing agreement?
- Am I submitting my waiver within the 48 hour timeframe?
Note: The "listing date" on the listing waiver form is the same as the date the seller(s) signed the R.L.A. (Residential Listing Agreement).
Status Updates/Questionable Listing Status
40% of all violations come from the listing's status! Below is a list of the different status' in the CRMLS Matrix, and what the correct use for those status' are. It's important to remember that you must update your listing status within 48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (Off-Market Status) / Back-up (On-Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the CRMLS. You are required to change the listing status to either Pending (The seller has accepted an offer and is not soliciting offers through the CRMLS) or
Back-up (An offer is
accepted and either 1.) The Seller requests that the property remain on an on-market status and is looking for back-up offers, or 2.) The sale is subject to court or other third party approval). This includes "Short Sales"! When dealing with a short sale, changing the status is not contingent upon
acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either Canceled (When the listing agreement between the agent and the client has been canceled) or
Withdrawn (when there's a valid listing
agreement in effect, however the property is no longer being marketed or the seller no longer wants you to represent them, however you have a valid listing agreement that states you can keep it on the CRMLS until it expires).
Note:
Cancel Status: Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status: This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a duplicate listing violation if the seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Top 4 Violations for October 2010
Auto Sell Violations
Understanding and applying the correct status to a listing can be confusing, not to mention stressful; especially when you're trying to avoid a violation. One of the most common rule infractions is
"auto sell" violations.
An auto sell violation occurs when you fail to update the status of your listing or extend the estimated COE (close of escrow) date. You are required to make this change on or within
48 hours of this estimated date. Failure to update the status or extend the Estimated COE date will result in a violation.
If you fail to update the status or extend the estimated COE date within the 48 hour time frame your status will change to P*(Pending*) or B* (Backup*) and you are now in violation.
You're given an additional three days to edit this listing (total of 5 days to edit), but it does not absolve you of the violation. If corrective action hasn't been taken by the 6th day, the system will
automatically change the status to S*(Closed Sale*) and your ability to edit will be removed. At this juncture you will have no option but to contact the Data Integrity Department to correct this
violation.
HINT: Directly above the Estimated COE date entry, in red writing, the CRMLS gives a detailed review of the rule, what is required of you and the consequences if
action is not taken within the required time frame.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one.
No photo means exactly that, you have failed to upload a photo at all. Listing Image violations mean that you have input something to the photo that is not permitted. If
you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 35 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses,
for sale signs displaying the company or agent information, or advertising other than about the property. No messages or solicitations of any kind.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up
warning letter will be mailed to you; if your record is clean, no fine will be attached at this juncture. Once this letter is mailed, follow ups will be set, in 48 hour increments,
until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice. Be aware that the fines are attached to
each no photo and listing image violation that you receive.
Listing Waivers
The South Bay Association of REALTORS® requires that brokers participating in the service submit all of their listings to the MLS for cooperation and compensation within
48 hours of obtaining all necessary signatures of the seller(s) on the listing agreement. If the sellers(s) refuse to permit the listing to be disseminated by the MLS, the listing broker shall submit
within 48 hours of obtaining all necessary signatures on the listing agreement, this certification signed by the seller(s) along with a copy of the listing agreement in order to be deemed valid.
Failure to comply with the above policy will result in a MLS violation, which could lead to fines.
If the agent and broker information, i.e. name and contact numbers are not legible; your listing waiver will not be processed. The waiver form requires the listing agent's information, not the
co-listing agent. If you disclose the co-listing agent the violation will apply to both of you.
When submitting an extension of the original waiver it must be received no later than the original waiver's expiration date; to prevent a violation.
We prefer that you use the S.B.A.O.R Listing Wavier form; you can obtain the most current forms and documents by visiting our website:
www.southbayaor.com. You have the option to either fax or email your listing waiver to the Data Integrity Department:
stephanie@southbayaor.com (preferred) or 310-325-5637 (direct fax).
Listing Waiver Check List:
- Am I using the S.B.A.O.R. Listing Waiver form?
- Do I have all required signatures?
- Seller
- Broker
- Is the information I've disclosed clear and legible?
- Have I attached the listing agreement?
- Am I submitting my waiver within the 48 hour timeframe?
Note: The "listing date" on the listing waiver form is the same as the date the seller(s) signed the R.L.A. (Residential Listing Agreement).
Status Updates/Questionable Listing Status
40% of all violations come from the listing's status! Below is a list of the different status' in the CRMLS Matrix, and what the correct use for those status' are. It's important to
remember that you must update your listing status within 48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (On-Market Status / Back-up (Off- Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the CRMLS. You are required to change the listing status to either Pending
(The seller has accepted an offer and is not soliciting offers through the CRMLS) or Back-up (An offer is accepted and either 1.) The Seller requests that the property remain on an on-market status and is
looking for back-up offers, or 2.) The sale is subject to court or other third party approval). This includes "Short Sales"! When dealing with a short sale, changing the status is not contingent upon
acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either Canceled
(When the listing agreement between the agent and the client has been canceled) or Withdrawn (when there's a valid listing agreement in effect, however the property is no longer being marketed
or the seller no longer wants you to represent them, however you have a valid listing agreement that states you can keep it on the CRMLS until it expires).
Note:
Cancel Status: Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status: This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a duplicate listing violation if the seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Top 4 Violations for September 2010
Auto Sell Violations
Understanding and applying the correct status to a listing can be confusing, not to mention stressful; especially when you're trying to avoid a violation. One of the most common rule infractions is "auto sell" violations.
An auto sell violation occurs when you fail to update the status of your listing or extend the estimated COE (close of escrow) date. You are required to make this change on or within 48 hours of this estimated date. Failure to update the status or extend the Estimated COE date will result in a violation.
If you fail to update the status or extend the estimated COE date within the 48 hour time frame your status will change to P*(Pending*) or B* (Backup*) and you are now in violation. You're given an additional three days to edit this listing (total of 5 days to edit), but it does not absolve you of the violation. If corrective action hasn't been taken by the 6th day, the system will automatically change the status to S*(Closed Sale*) and your ability to edit will be removed. At this juncture you will have no option but to contact the Data Integrity Department to correct this violation.
HINT: Directly above the Estimated COE date entry, in red writing, the MRMLS gives a detailed review of the rule, what is required of you and
the consequences if action is not taken within the required time frame.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No photo means exactly that, you have failed to upload a photo at all. Listing Image violations mean that you have inputted something to the photo that is not permitted. You can be charged with each violation, if applicable, at the same time. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 25 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers,
and website addresses, email addresses, for sale signs displaying the company or agent information, or advertising other than about the property.
No messages or solicitations of any kind.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean, no fine will be attached at this juncture. Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice. Be aware that the fines are attached to each no photo and listing image violation that you receive.
Listing Waivers
The South Bay Association of REALTORS® requires that brokers participating in the service submit all of their listings to the MLS for cooperation and compensation within 48 hours of obtaining all necessary signatures of the seller(s) on the listing agreement. If the sellers(s) refuse to permit the listing to be disseminated by the MLS, the listing broker shall submit within 48 hours of obtaining all necessary signatures on the listing agreement, this certification signed by the seller(s) along with a copy of the listing agreement in order to be deemed valid. Failure to comply with the above policy will result in a MLS violation, which could lead to fines.
If the agent and broker information, i.e. name and contact numbers are not legible; your listing waiver will not be processed. The waiver form requires the listing agent's information, not the co-listing agent. If you disclose the co-listing agent the violation will apply to both of you.
When submitting an extension of the original waiver it must be received no later than the original waiver's expiration date; to prevent a violation.
We prefer that you use the S.B.A.O.R Listing Wavier form; you can obtain the most current forms and documents by visiting our website: www.southbayaor.com. You have the option to either fax or email your listing waiver to the Data Integrity Department: stephanie@southbayaor.com (preferred) or 310-325-5637 (direct fax).
Listing Waiver Check List:
- Am I using the S.B.A.O.R. Listing Waiver form?
- Do I have all required signatures?
- Is the information I've disclosed clear and legible?
- Have I attached the listing agreement?
- Am I submitting my waiver within the 48 hour timeframe?
Note: The "listing date" on the listing waiver form is the same as the date the seller(s) signed the R.L.A. (Residential Listing Agreement).
Status Updates/Questionable Listing Status
40% of all violations come from the listing's status! Below is a list of the different status' in the MRMLS Matrix, and what the correct use for
those status' are. It's important to remember that you must update your listing status within 48 hours of the change.
Active (On-Market Status):
This is when a valid listing contract exists and no offer (with or without contingencies) has been accepted.
Pending (On-Market Status / Back-up (Off- Market Status) :
Once there is a signed accepted offer from the seller, you have 48 hours to report this change in the MRMLS. You are required to change the listing status to either
Pending (The seller has accepted an offer and is not soliciting offers through the MLS) or
Back-up (An offer is accepted and either 1.) The Seller requests that the property remain on an on-market status and is looking for back-up offers, or 2.) The
sale is subject to court or other third party approval).
This includes "Short Sales"! When dealing with a short sale, changing the status is not contingent upon acceptance from the lender or bank.
Hold (Off-Market Status):
This is when 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.
Cancel (Off-Market Status) / Withdrawn (Off-Market Status)
When the seller changes their mind (while in active status) and no longer wants to sell their home, you have 48 hours to update the status to either
Canceled (When the listing agreement between the agent and the client has been canceled) or Withdrawn
(when there's a valid listing agreement in effect, however the property is no longer being marketed
or the seller no longer wants you to represent them, however you have a valid listing agreement that states you can keep it on the MRMLS until it expires).
Note:
Cancel Status: Only the Broker and Office Manager have the ability to cancel listings. Using Withdrawn in place of canceled is not acceptable and is a status violation.
Withdrawn Status: This is an off market status, however CDOM will continue to accumulate until it expires. There is also potential to incur a
duplicate listing violation if the seller relists with another listing agent.
Sold (Off-Market Status):
This is when escrow has closed.
Leased (Off-Market Status):
This is when the property has been leased.
Expired (Off-Market Status):
This is when the listing agreement has expired. The time frame of the existing listing contract has run out.
Top Violations for July/August 2010
Auto Sell Violations
Understanding and applying the correct status to a listing can be confusing, not to mention stressful; especially when you're trying to avoid a violation. One of the most common rule infractions is "auto sell" violations.
An auto sell violation occurs when you fail to update the status of your listing or extend the estimated COE (close of escrow) date. You are required to make this change on or within 48 hours of this estimated date. Failure to update the status or extend the Estimated COE date will result in a violation.
If you fail to update the status or extend the estimated COE date within the 48 hour time frame your status will change to P*(Pending*) or B* (Backup*) and you are now in violation. You're given an additional three days to edit this listing (total of 5 days to edit), but it does not absolve you of the violation. If corrective action hasn't been taken by the 6th day, the system will automatically change the status to S*(Closed Sale*) and your ability to edit will be removed. At this juncture you will have no option but to contact the Data Integrity Department to correct this violation.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No photo means exactly that, you have failed to upload a photo at all. Listing Image violations mean that you have inputted something to the photo that is not permitted. You can be charged with each violation, if applicable, at the same time. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 25 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses, for sale signs displaying the
company or agent information, or advertising other than about the property. No messages or solicitations of any kind.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you;
if your record is clean, no fine will be attached at this juncture. Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be
attached to your 2nd notification and $500 for your 3rd and every consecutive notice. Be aware that the fines are attached to each no photo and listing image violation that you receive.
Listing Waivers
The South Bay Association of REALTORS® requires that brokers participating in the service submit all of their listings to the MLS for cooperation and compensation within
48 hours of obtaining all necessary signatures of the seller(s) on the listing agreement. If the sellers(s) refuse to permit the listing to be disseminated by the MLS, the listing broker shall submit
within 48 hours of obtaining all necessary signatures on the listing agreement, this certification signed by the seller(s) along with a copy of the listing agreement in order to be deemed valid. Failure to comply with the above policy will result in a MLS violation, which could lead to fines.
If the agent and broker information, i.e. name and contact numbers are not legible; your listing waiver will not be processed. The waiver form requires the listing agent's information, not the co-listing agent. If you disclose the co-listing agent the violation will apply to both of you.
When submitting an extension of the original waiver it must be received no later than the original waiver's expiration date; to prevent a violation.
We prefer that you use the S.B.A.O.R Listing Wavier form; Click here to download the Listing Waiver Form.
You have the option to either fax or email your listing waiver to the Data Integrity Department:
stephanie@southbayaor.com (preferred) or 310-325-5637 (direct fax).
Listing Waiver Check List:
- Am I using the S.B.A.O.R. Listing Waiver form?
- Do I have all required signatures?
- Is the information I've disclosed clear and legible?
- Have I attached the listing agreement?
- Am I submitting my waiver within the 48 hour timeframe?
Note: The "listing date" on the listing waiver form is the same as the date the seller(s) signed the R.L.A. (Residential Listing Agreement).
Attached/Detached
At first glance you might think that this violation is referring to the garage, but it's not. It applies to Single Family Residence listings
and it's referring to the actual structure. The challenge is; does the structure share a common wall with the neighboring structure?
Your first thought would be no; however, there are a small percentage of Single Family Residences (SFR) that are attached; they're
known as Public Urban Developments (PUDs). Because of this, you must manually select whether the structure is attached or detached.
You will find this information under "Residential Detail" "1. Basics"; I've attached an example of how it appears on the MLS below.
Top Violations for May/June 2010
Auto Sell Violations
Understanding and applying the correct status to a listing can be confusing, not to mention stressful; especially when you're trying to avoid a violation. One of the most common rule infractions is "auto sell" violations.
An auto sell violation occurs when you fail to update the status of your listing or extend the estimated COE (close of escrow) date. You are required to make this change on or within 48 hours of this estimated date. Failure to update the status or extend the Estimated COE date will result in a violation.
If you fail to update the status or extend the estimated COE date within the 48 hour time frame your status will change to P*(Pending*) or B* (Backup*) and you are now in violation. You're given an additional three days to edit this listing (total of 5 days to edit), but it does not absolve you of the violation. If corrective action hasn't been taken by the 6th day, the system will automatically change the status to S*(Closed Sale*) and your ability to edit will be removed. At this juncture you will have no option but to contact the Data Integrity Department to correct this violation.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one. No photo means exactly that, you have failed to upload a photo at all. Listing Image violations mean that you have inputted something to the photo that is not permitted. You can be charged with each violation, if applicable, at the same time. If you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here's some information that you might not know:
- You're allowed up to 25 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation.
- You will incur a violation on the 6th day if a photo is not uploaded.
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- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses,
email addresses, for sale signs displaying the company or agent information, or advertising other than about the property. No messages or solicitations of any kind.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice. A follow up warning letter will be mailed to you; if your record is clean, no fine will be attached at this juncture. Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken. A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice. Be aware that the fines are attached to each no photo and listing image violation that you receive.
Listing Waivers
The South Bay Association of REALTORS® requires that brokers participating in the service submit all of their listings to the MLS for cooperation and compensation within 48 hours
of obtaining all necessary signatures of the seller(s) on the listing agreement. If the sellers(s) refuse to permit the listing to be disseminated by the MLS, the listing broker shall submit within
48 hours of obtaining all necessary signatures on the listing agreement, this certification signed by the seller(s) along with a copy of the listing agreement in order to be deemed valid. Failure to comply
with the above policy will result in a MLS violation, which could lead to fines.
If the agent and broker information, i.e. name and contact numbers are not legible; your listing waiver will not be processed. The waiver form requires the listing agent's information, not the co-listing agent. If you disclose the co-listing agent the violation will apply to both of you.
When submitting an extension of the original waiver it must be received no later than the original waiver's expiration date; to prevent a violation.
We prefer that you use the S.B.A.O.R Listing Wavier form; you can obtain the most current forms and documents by visiting our website: www.southbayaor.com.
You have the option to either fax or email your listing waiver to the Data Integrity Department: stephanie@southbayaor.com
(preferred) or 310-325-5637 (direct fax).
Listing Waiver Check List:
- Am I using the S.B.A.O.R. Listing Waiver form?
- Do I have all required signatures?
- Is the information I've disclosed clear and legible?
- Have I attached the listing agreement?
- Am I submitting my waiver within the 48 hour timeframe?
Attached/Detached
At first glance you might think that this violation is referring to the garage, but it's not. It applies to Single Family Residence listings and it's referring to the actual structure.
The challenge is; does the structure share a common wall with the neighboring structure? Your first thought would be no; however, there are a small
percentage of Single
Family Residences (SFR) that are attached; they're known as Public Urban Developments (PUDs). Because of this, you must manually select whether the structure is attached or detached.
You will find this information under "Residential Detail" "1. Basics"; I've attached an example of how it appears on the MLS below.
This violation, as all violations, must be addressed and corrected immediately. If you have any questions, please contact the Data Integrity Department for assistance.
Top 3 Violations for March/April 2010
Auto Sell Violations
Understanding and applying the correct status to a listing can be confusing, not to mention stressful; especially when you're trying to avoid a violation.
One of the most common rule infractions is "auto sell" violations.
An auto sell violation occurs when you fail to update the status of your listing or extend the estimated COE (close of escrow) date.
You are required to make this change on or within 48 hours of this estimated date. Failure to update the status or extend the Estimated COE date will result in a violation.
If you fail to update the status or extend the estimated COE date within the 48 hour time frame your status will change to P*(Pending*) or B* (Backup*)
and you are now in violation. You're given an additional three days to edit this listing (total of 5 days to edit), but it does not absolve you of the violation. If corrective
action hasn't been taken by the 6th day, the system will automatically change the status to S*(Closed Sale*) and your ability to edit will be removed.
When this occurs, you
will have no option, but to contact the Data Integrity Department at 310-326-3010 to correct this violation.
No Photo / Listing Image Violations
Photo requirements are often misunderstood. No Photo and Listing Image are separate violations that are often confused as being one.
No photo means exactly that, you
have failed to upload a photo at all.
Listing Image violations mean that you have inputted something to the photo that is not permitted. You can be charged with each violation,
if applicable, at the same time. If
you should receive a no photo or listing image violation, and it's not addressed right away; fines can add up quickly!
Here are some things you may not know:
- You're allowed up to 25 photos on your listing.
- You must input at least one photo of the outside structure.
- You have 5 days to input a photo and to avoid a violation.
- You will incur a violation on the 6th day if a photo is not uploaded.
- The photographic media must be a clean and clear picture of the property. If you're taking a night shot it must be clear and visible.
- The photographic media may not include such things as: agent/broker photos, agent/broker names, and phone numbers, and website addresses, email addresses, for sale
signs displaying the company or agent information, or advertising other than about the property. No messages or solicitations of any kind.
If you have incurred one or both of these violations, you must take corrective action within 48 hours of receiving your first email notice.
A follow up warning letter will
be mailed to you; if your record is clean, a fine will not be issued at that time. Once this letter is mailed, follow ups will be set, in 48 hour increments, until corrective action is taken.
A $250 fine will be attached to your 2nd notification and $500 for your 3rd and every consecutive notice. Be aware that the fines are attached to each no photo and listing image violation that
you receive.
Listing Waivers
The South Bay Association of REALTORS® requires that brokers participating in the service submit all of their listings to the MLS for cooperation and compensation within 48 hours of
obtaining all necessary signatures of the seller(s) on the listing agreement. If the sellers(s) refuse to permit the listing to be disseminated by the MLS, the listing broker shall submit within 48 hours
of obtaining all necessary signatures on the listing agreement, this certification signed by the seller(s) along with a copy of the listing agreement in order to be deemed valid. Failure to comply
with the above policy will result in a MLS violation, which could lead to fines.
If the agent and broker information, i.e. name and contact numbers are not legible; your listing waiver will not be processed. The waiver form requires the listing agent's
information, not the co-listing agent. If you disclose the co-listing agent the violation will apply to both of you.
When submitting an extension of the original waiver it must be received no later than the original waiver's expiration date; to prevent a violation.
We prefer that you use the SBAOR Listing Wavier form (you can obtain the most current forms and documents by visiting our website at
www.southbayaor.com). You have the
option to either fax (310-325-5637) or email (preferred- stephanie@southbayaor.com) your listing waiver to the Data Integrity Department.
When submitting the Listing Waiver there are only 2 documents needed:
1. The SBAOR Listing Waiver form and
2. The RLA (Residential Listing Agreement)
Listing Waiver Check List:
- Am I using the SBAOR Listing Waiver form?
- Do I have all required signatures?
- Is the information I've disclosed clear and legible?
- Have I attached the listing agreement?
- Am I submitting my waiver within the 48 hour timeframe?
Please Note:
The South Bay Association of REALTORS® offers a complimentary MLS Compliance Class for all members, who are not in a violation status,
reviewing the most common rules infractions. They're held every other month from 2:30pm - 4:00pm in the SBAOR Meeting Hall.
You can view the MLS Compliance Class schedule by going to www.southbayaor.com/calendar. If you would like to attend a class,
please contact the Data Integrity Department to register at 310/326-3010 x723.
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For any questions regarding MLS Data Integrity, please contact Stephanie Espinosa at stephanie@southbayaor.com
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