As we move forward with changes to incorporate settlement requirements into our MLS Rules and Regulations, new information and feedback is constantly incoming. At times, it will be necessary for us to look back at previous actions and tweak or change them as needed.
We have received feedback from numerous agents regarding the recent update to MLS Rule 1.16, which prohibited contact information in all remarks fields. The removal of the term “public” from this rule was intended to help the MLS comply with the NAR settlement, specifically to prevent agent websites from directing cooperating agents to compensation information. However, this change inadvertently restricted agents from including details on how to contact the seller directly (for limited service listings), instructions on where to submit offers when not handled by the listing agent, and a variety of other situations that are not settlement-related.
On Friday, August 30th, the Western Upstate Board of Directors voted to approve the following changes to the remarks fields to allow agents to include necessary contact information and instructions in certain circumstances while maintaining compliance with the NAR settlement.
Section 1.16.1 – Public Remarks: The “public remarks” section of the input page is to allow listing agents to provide additional information regarding the listed property to consumers and cooperating agents. Information including, but not limited to, the name, phone number, and email address of the listing company, the listing agent, or the property owner is not allowed in the public remarks section. Also disallowed is any statement such as “call listing agent for more information” or similar instruction.
Section 1.16.2 – Private Remarks: The “private remarks” section of the input page is to allow listing agents to provide additional information regarding the listed property to cooperating agents that is not intended for consumers or the general public. The following information is permitted in the “private remarks”: special showing instructions, contact names or phone numbers, and broker or agent email addresses. Lockbox codes or other security system details may also be included with the Seller’s permission.
Listing brokerage and agent websites or other information directing a cooperating agent to offers of compensation is strictly prohibited.
Thank you for your continued membership and we look forward to continuing to serve you.