To assist in maintaining the highest accuracy of data in our MLS, here are a few of the violations we are seeing most often. Please remember, listings are subject to ALL of NYSAMLS’s MLS Rules and Regulations, not only those below.
1. Broker responsibility to ensure data accuracy
As a reminder to all, it is the listing Broker’s responsibility to make sure all of the listing information is accurate when entered into the MLS system. This responsibility cannot be shifted to the buyer or buyer’s agent/broker/attorney, as some agents are attempting to do in the public and private remarks. The Upstate New York Real Estate Information Service (UNYREIS) Board of Managers would like to inform you that this is not allowed in our system, and it will be addressed moving forward. It is your responsibility to be sure your listings are in compliance.
From NYSAMLS’s/UNYREIS Rules & Regulations:
Section 1.1.1
Listings Subject to Rules and Regulations of the Service -
Any listing taken on a contract to be submitted with the service is subject to the rules and regulations of the service upon signature of the seller(s).
Section 1.2 Detail on Listings Filed with the Service
- A listing agreement or property data form, when filed with the multiple listing service by the listing broker,
shall be complete
in every detail which is ascertainable as specified on the property data form.
Here are some examples that we are seeing in the MLS that qualify as a violation (but not limited to these):
- “Property taxes per public record. Buyer agent to verify”
- “Buyers &/or buyer’s agent/attorney to verify all tax information, lot size, and boundaries”
- “Buyer’s agent to verify square footage”
2. Statuses
One of the top violations has to do with not changing listing statuses when the status has in fact changed. If the listing is no longer being shown, it MUST go into an off-market status (U or P). If still being shown and there is a contract, it MUST go into C status. While there is always debate around “When is a contract a contract?”, the rule for our MLS is fairly straightforward.
When you have both parties’ signatures on a purchase offer, the status must be updated in the MLS
within twenty-four (24) hours (except weekends, holidays, and postal holidays).
On Market Statuses
A - Active
Property available to be shown. No signed contract exists,
with the exception of a contract with the contingency of a property to sell, to be identified in the Showing Instructions as “Contingent upon sale of a property”.
C - Continue to Show
Property
available to be shown
,
contract exists, all parties have signed, waiting for contingencies to be fulfilled (attorney approval, home Inspection, etc.)
Off Market Statuses
U - Under Contract.
Property is
not being shown
,
contract exists, all parties have signed, waiting for contingencies to be fulfilled (attorney approval, home Inspection, etc.)
P - Pending
Contract exists,
all contingencies met, except financing
and is waiting for closing.
S - Sold - Closed Sale/Rented
Property Closed/Rented
T - Temporarily Off Market
Property temporarily unavailable, should be back on market.
W- Withdrawn
Property no longer on the market and cannot be listed by another broker until expiration date.
X - Expired
May be listed by another broker.
From NYSAMLS’s/UNYREIS Rules & Regulations:
Section 2.5 Reporting Sales To The Service:
Status changes including final closing of sales, shall be reported to the multiple listing service by the listing broker within 24 hours (excepting weekends, holidays, and postal holidays)
after they have occurred.
Section 2.6 Reporting Resolutions Of Contingencies:
The listing broker shall report to the multiple listing service within twenty-four (24) hours that a contingency on file with the multiple listing service has been fulfilled or renewed, or the agreement cancelled.
Section 2.9 Disclosing The Existence Of Offers:
Listing Brokers, in response to inquiries from buyers or cooperating brokers, shall, with the sellers’ approval, disclose the existence of offers on the property. Where disclosure is authorized, the listing broker shall also disclose, if asked, whether offers were obtained by the listing licensee, by another licensee in the listing firm, or by a cooperating broker.
3. Tax ID #s
The Tax ID violation occurs when the full Tax ID is not incorporated into the listing (located in NY) including the 6 digit NY State SWIS Code (as shown in Realist and within the ‘Area’ field in Matrix). The tax id should show a format similar to this in the MLS: 000000-000-000-0000-000-000-0000. Use Realist to import the Tax ID #s into your listing when possible, in order to avoid an MLS violation.
4. Delayed Showings
Please remember that in order to put a delayed showing notice in private remarks, you must have the “Delayed Showing/Negotiation” addendum form attached to the listing in Matrix (and it may not be removed from attachments but may be removed from remarks after the date passes). If there is no form on file, you will receive a violation notice. It is a violation to show the property to ANYONE (agents or buyers) prior to that date. It is not allowed to change to an earlier date once posted.
