MLS Policy Update As Of February 2013 DATE TOPIC DETAIL June 2013 Signage Company signs cannot be identifiable in photos in FLEX Oct 2012 Tours It was agreed that the MLS System cannot be used on the day of tour to add a tour. Sep 2012 Bank owned Property w/o CTG It was agreed that it was not necessary to make a property CTG if offers to purchase on bank owned properties had to be input by computer that would not accept 2 nd offers, but agent needs to put in writing to call L.A. prior to writing an offer. Sep 2012 Lead Based Paint Pamphlets It was moved to not charge for the Lead Based Paint Brochures. Seconded and It was agreed to turn on the trigger in Flex. Sep 2012 Withdrawal Form Approved the new Notice of Withdrawal form as amended. Sep 2012 Marketing Names in Flex Attorney Mike Shinn presented a Statement of Policy on Inappropriate Participant Marketing. It was moved to approve this policy as amended. Seconded and Aug 2012 Lead Based Paint Disclosure It was moved that Lead Based Paint Disclosures be required for every pre-1978 listing. Seconded and MC. Jun 2012 Marketing Names in Flex No marketing unless it deals with the listing or real estate. Mar 2012 Flex Error e-mails Question/Issue: Error Reports from FLEX should not be anonymous. It was moved to change the Report Violation to a field specific rather than free form, and take out Report Violation and replace with Error report. Seconded and carried. Mar 2012 Data Accuracy Question was brought up regarding the omission of checking bank owned box when the owner is a bank. It was felt that bank owned could not be required due to REO requirements. (This field was changed to REO/Lender Owned.) After some discussion it was moved that Short Sale be a mandatory field since it was felt that a selling agent may have some liability if they did not know this. Seconded and Feb 2012 Seller Concessions It was moved that we have an optional field for Concessions Yes or No. It should be encouraged in the newsletter that agents have correct and accurate data available to appraisers if office policy allows disclosure. Motion carried. Jan 2012 Syndication It was agreed that Cevado and Flex could sell to individual agents their MLS search programs, but we need to update our contracts.
Jan 2012 Unlicensed Assistants It was agreed that an unlicensed assistant must be a direct employee of the broker/managing broker. Jan 2012 Common Wall It was moved that we put common wall under construction. Seconded and Aug 2011 Buyer Names It was agreed to add Buyer s name to all property types. Jul 2011 Selling Bonus Motion was approved that any bonus offered should be in public remarks on first screen. Bonus paid to firm, not agent. This is a material fact and should be disclosed to buyers. Apr 2011 Photos It was approved that an exterior photo must be included with the listing photos Dec 2010 MLS Billing It was approved to go to quarterly billing and allow Brokers who pay for their agents to still pay monthly. Due by the 15 th of previous month of the quarter, service will be suspended the first day of the new quarter, at which time there will be a reconnect fee. Broker will not be responsible for agent s bill until the 11 th day of the quarter. Apr 2010 Contingent Short Sales It was agreed to rename it CTG 3 rd Party Approval Mar 2010 Contingent Short Sales We will add CTG SS for subject to Short Sale Jan 2010 Bank Owned & Short Sales It was approved that we add Short Sale & Bank Owned on the input sheets as required fields on all property types. Nov 2009 Open Houses It was moved to allow our Participants to show all open houses on their web sites thru the FLEX system. Seconded and Nov 2009 Photos It was moved that Primary photos must be of subject property and view photos must be of or from the listed property. Seconded and Nov 2009 Listing Expirations It was agreed that extensions must be received within 48 hours (business days) or a new listing will be required. Aug 2009 REO Data It was agreed to add REO field. July 2009 Fraudulent Keybox Audit MLS approved fining $100 for each incorrect audit, to be paid within 30 days of notification. (All but $100 was suspended.) Feb 2009 Invoicing MLS approved to shut off service as of the 11 th and not collect from Broker if copy of license is sent to MLS prior to that time. July 2008 Listings Subject To Owner Purchasing Property Attorney felt it was legal to accept the listing in our MLS. After some discussion, it was moved that the MLS not accept listings from an option holder on the basis that such listings fail to adequately protect the interests of the public and the Participants. Licensed contractors who list new construction who are in contract with the land owner are excluded. July 2008 Addresses On Web It was moved that the MLS allow addresses on REALTOR.com
and other websites with an option for the Seller to opt out. June 2008 Buyer Broker Form It was moved to discontinue use of the Yakima MLS Buyer Broker Agreement. Seconded and June 2008 Distressed Homeowner Rules It was moved that effective June 12, 2008 any listing occupied by the owner as the owner s primary residence in a single, duplex, triplex, or four-unit residential building for which the owner has not signed a 2008 version of Form 1A-A or 1A-DH must include in the Private Agent Remarks the following notation: No 1A-A or 1A-DH signed by owner. Seconded and carried. June 2008 Loaning MLS Key It was moved to have the same penalty as password disclosure as per NAR guidelines. Seconded and Feb 2008 Appraiser Membership Rule Cancel for the Assessor s office, they do not qualify as a fee appraiser Jan 2008 Requirements on Commissions We discussed offices adding requirements on earning the selling commission on the listings. It was moved that we not allow these requirements in our listings. Members right to a commission is governed by our MLS Bylaws & Rules & Regs, and cannot be unilaterly changed by remarks in the listings. Seconded and Jan 2008 Pink Sheet Announcements It was decided not putting agents on the pink sheet that win awards from the Yakima Business Times or similar publications. Jan 2008 IDX for Yakima Herald We discussed the Yakima Herald Republic having an IDX feed for the MLS. It was agreed that we not allow them to have an IDX feed. Jan 2008 Buyer Broker Form It was agreed to keep our form and refer to the others on Zip Form. Nov 2007 Statewide Forms The Clark County Purchase & Sale form was discussed. It was moved to provide hardcopy and zip forms on both Statewide and Clark County forms to our members. Seconded & MC unanimously. We will send out Mike s letter, with a few changes, along with the disclosure that Mike suggests for the Statewide form to all of the Brokers. Oct 2007 Flood Plain It was decided that there would be too much liability to include flood plains in the listings. Oct 2007 Geocoding/Mapping It was agreed that mapping will be a required field. Sep 2007 Non-member Co-list Office It was agreed that there was no problem showing a non-member co-listing office in the private remarks. Apr 2007 Photos It was moved that the reuse of another agent s photos in a subsequent listing without the previous Broker s written permission is prohibited. Seconded and Mar 2007 Download Sold Info Rick Fairbrook explained that they could not limit the sold
download to just the Yakima John L. Scott office. It was moved that Yakima MLS authorize use of sold data by Participants for individual use & public use. Seconded. Motion did not pass. Nov 2006 Co-op Legals Co-op legals should include # of shares, dwelling address and legal for entire co-op. Sep 2006 Requiring Rent Info We discussed the request to require rents on vacant listings and decided that it would be very hard at this time to make it a requirement, but we can keep urging agents to include it. Aug 2006 Required Field: Comm. Lease It was moved to require available Square Footage in commercial for lease listings. Seconded and Aug 2006 Signage in Photos It was moved not to act on the request to disallow signage in photos. Seconded and After some discussion, it was agreed that we would advise agents to focus on the property in the photo and not on the listing agent. Jul 2006 Legal Descriptions We discussed legal descriptions and the decision made in February to require legals on all listings. It won t be required on existing listings, MH on LL or Business Opportunity listings. June 2006 MLS Message Board It was agreed that we can use the FLEX system message board for YAR and MLS Association specific meetings and/or announcements. May 2006 MLS emails We discussed the need for policies and procedures on the use of the mass e-mail function thru FBS. It was decided that e-mails should involve information pertinent to MLS listings. May 2006 Addresses On Websites It was agreed that we would not publish addresses on Realtor.com or our own website. Apr 2006 Photos On Listings We discussed photos on new listings and felt that there should be a photo on-line prior to 7 days. It was moved to require a photo within 48 hours of listing date. Seconded and Mar 2006 FBS Passwords It was moved to change passwords every six months. Seconded and Feb 2006 MLS Listings It was agreed that Ranches and MH in Park be included in Residential. It was agreed that the additions and deletions to the input sheet be It was also agreed that Legal Descriptions (copy of legal document) be required as an attached document. It was agreed that training on the new system be mandatory. It was also agreed that there should not be verbiage in the public remarks about calling the list agent for more info. Jan 2006 Signs In Photos We discussed if we need rules regulating for sale signs in photos. It was decided that it was not an issue right now.
Oct 2005 Rental Amounts in Listings We discussed making the rental dollar amount for residential rented property required. It was agreed not to require it, but to put it in the newsletter to urge agents to fill out that information for the appraisers. Oct 2005 Modular Homes Modular home does not have axles or a serial number. Modular home should be listed under Residential not mobile home Aug 2005 Mandatory Directions It was moved that we require directions on all listings effective September 1. Seconded and Aug 2005 Sales Concessions YAR Board requested adding concessions to the sale report. It was felt that appraisers and agents need to call to find out this information for themselves. Request was denied. Jun 2005 Reporting Contingent Sales The Directors felt that you could not report a contingent sale until the purchase & sale is signed by the seller. It was suggested that maybe the showing instructions be changed to call list agent if the Seller s signatures may take a while. Apr 2005 Broker Response on Relisting Agreement After Withdrawal We discussed a request to force a response from a broker on this agreement. It was agreed that we did not think that we could require a response. Dec 2004 Keybox Audits It was moved to give 5 day grace period on keybox audits with notification via fax to agent that service will be discontinued and subject to a $25 reconnect fee. Seconded and Nov 2004 Photos Brokers at the annual meeting felt that photos on residential listings should be required with a week s leeway. It was moved to require photos on residential listings, excluding new construction, within 1 week of listing date. New construction photos to be input at time home is enclosed. Seconded, MC. Mar 2004 Disclosure of Seller/Agent Relationship We discussed agency and our requirement that a listing agent disclose if they are related to the sellers. It was agreed that the MLS not require the disclosure but send an advisement letter to the Brokers that they should disclose, even though not required by state law. Feb 2004 Exclusive Agency Listings We discussed the addendum that 3 ½% Commission Realty is using on some of their listings. It was agreed that the exclusive agency listings must be disclosed. Feb 2004 House With No Land We discussed a listing on a house that would need to be moved that was personal property. It was moved that we not accept listings in the MLS where the agent s license would not cover the transaction under Washington State license law. Seconded and Jun 2003 Showing Instructions It was moved that Showing Instructions be required. Seconded and Mar 2003 Photos It was agreed that the photos must be related to the house being marketed. Oct 02 MLS Fees It was moved and seconded reduce the monthly fees from $65
Budget to $55. Motion carried. Sep 2002 Change Form It was moved and seconded to require buyer names on the change forms. Approved. Dec 2001 Photos We discussed the issues of photos, MLS taking them, requiring them and or charging for them. It was felt that it was unfair to some members who list properties mainly outside of the area, to not have the photo service that the MLS provides. It was moved, seconded and approved that the MLS discontinue taking photos. This will take effect January 1. Paperwork It was moved, seconded and approved to discontinue the keeping of listing files and paperwork requirements. Oct 2000 Listing Agreement It was moved seconded and unanimously approved, that Participants not using the standard, pre-approved Exclusive Listing Agreement contract (12/96), submit their listings to MLS in accordance with Section 1, Listing Procedures, Rules and Regulations. (The reason for this action is to assure MLS that all non-pre-approved MLS listing forms adequately protect the public and the Participants.) Aug 2000 Square Footage It was agreed that it s all right for an agent to put square footage per Assessor s Office on the listing. Jul 2000 Cancellations & Withdrawals We discussed cancels & withdrawals, and an office who cancels a listing after 30 days if the Seller doesn t like the service. It was felt that the word cancel should not be used, that the contract could be terminated (changing the due date) or withdrawn. The listing agreement says that the protection period takes effect after expiration. Terry felt that the next revision should add withdrawn or cancelled, but after some discussion, it was felt that we should not include cancelled. Attorney Schmalz felt that the Broker did not have the sole right to cancel a listing. May 2000 Keypads It was moved & seconded that we deny keypads to affiliate members. Approved Dec 1999 Rentals We discussed the pros & cons of adding rentals to the on-line system. It was agreed that it was not feasible at this time. Nov 1999 MLS Fees & Billing It was moved that we charge a $10 late fee after the 10 th and a $25 reconnection fee after the 15 th. This was seconded and Nov 1999 Internet Rules & Regulations We discussed individual agents being able to download to their personal websites. It was agreed that we should not allow it yet, but we should ask NAR what their feelings are on it. Paragraph 1C needs to be changed as there is no MLSYAR web site. It should be changed to just read "database". The type size of the listing office name should be at least as large as the type size used for the office name on listings of the web page owner. Paragraph #2c is missing the word "be" and change the word "on-line system" to database throughout the document.
There was some discussion as to whom should be giving approval to opt in or opt out and how would brokers know which offices were downloading in order to opt out. It was moved and seconded to accept the rules & regulations with the proposed changes subject to NAR approval. Motion carried. Sep 1999 Internet R & R We discussed the new Internet Rules & Regs and how best to implement them. We discussed having listings on REALTOR.COM as opposed to allowing Brokers to download to their own sites. It was moved that we not put any checkboxes on the input forms. This was seconded and Jul 1999 Internet R & R Want to make sure Address, Owner s name and phone number do not show. Should be inserted in 1a. Dec 1998 Keybox Removal It was suggested that we have a $50 fine if staff has to take off a keybox after 48 hour notice. This was moved, seconded & Nov 1996 Internet It was felt that it was not necessary for separate notification to the brokers if they do not want their listings on the internet. Oct 1996 New Office Fees Discussed charging new member fee when the office remains the same. It was moved to charge $100 for a change of ownership in an existing member office effective immediately and shall apply to recent ownership change at Heritage Brokers, Inc. Change of ownership means transfer of more than 50% of the ownership interest in an existing business. Seconded and It was moved that we charge a $250 new member fee for a Branch office established by an existing member and Section 6A of the Rules and Regulations is amended accordingly. Motion carried.