Month: June 2020

Time Frame Definitions Rule 7.4.1

Unless otherwise expressly indicated, where compliance time frames set forth ”days,” “days” mean calendar days; “days after” means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 p.m. on the final day; and “days prior” means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. Where “business days” are expressly referenced, “days” exclude Saturdays, Sundays and all recognized federal and state holidays.

The rule has been revised to include the definition of business days. Currently, Bay East rules have one section referencing “business day”: Section 7.5.1 Clear Cooperation. All other rules state “day(s).”

Extension for Protected Buyer Rule 7.19.1

In the event a listing broker’s listing has been cancelled or expired but a commission extension right for a protected buyer has been timely activated in the listing agreement and listing broker represents seller in said transaction, listing broker may be considered the “listing broker” for MLS reporting of sale as long as satisfactory documentation is presented to.

The purpose of this revision is to address cancelled listings.

Written Documentation Rule 8.2

Listing brokers filing listings with the service shall have a written listing agreement with all necessary signatures in their possession. All necessary signatures are those needed to create an enforceable listing, which generally means all named signatories to the listing agreement. In the event there are known additional property owners not made a signatory to the listing, listing broker shall disclose said fact on the service and state whether the listed seller will make the sale contingent on the consent of the additional property owners. Only listings that create an agency relationship between the seller and the Broker Participant are eligible for submission to the service. By inputting a listing to the service, Broker Participants and R.E. Subscribers represent that they have in their possession such written agreements establishing agency and the represented type of listing agreement. The service shall have the right to demand a copy of such written listing agreements and verify the listing's existence and adequacy at any time. The service shall also have the right to demand a copy of seller's written authorization required under these rules. If the Broker Participant or R.E. Subscriber fails to provide documentation requested by the service within 1 day after the service’s request, the service shall have the right to immediately withdraw any listings from the data base in addition to disciplining the Participant and Subscriber for a violation of MLS rules.

The Written Documentation Rule is the new location for the language defining necessary signatures and disclosure of additional property owners, not included in the listing agreement.

Buyer, Seller, Purchase, and Sale Defined Rule 8.5

Except as provided in Sections 7.5 and 7.6, all references to the buyer shall also include lessee. All references to the seller shall also include lessor. All references to a purchase shall also include a lease. All references to a sale shall also include a lease.

This update clarifies that definitions in sweeping rental arrangements do not apply to Sections 7.5 and 7.6.

Service Area Rule 7.7

The MLS’s service area shall be determined by the MLS Committee, subject to approval by the Board of Directors. If Bay East has entered into regional MLS agreements, data share agreements, cross-pollination agreements or a regional MLS corporation with other MLSs and has enlarged the service area as part of the agreement or corporation, submission of the type of listings specified in section 7.5 is mandatory for the area covered by the combined service areas of the Association’s signatory to the regional MLS agreement or part of the regional MLS corporation. Submission of the type of listings specified in section 7.5 input into another MLS is sufficient, if the MLS has entered into a cross-pollination agreement with Bay East.

The rule has been revised to include the data share and cross-pollination agreements.

Service Area Defined Rule 7.7.1

The service area covers the following California Counties; Alameda, Contra Costa, Marin, Mendocino, Napa, Solano, Sonoma, Amador, El Dorado, Merced, Placer, Sacramento, San Joaquin, Stanislaus, Yolo, Monterey, San Benito, Santa Clara, Santa Cruz, San Mateo, and San Francisco.

The purpose of this revision is to clearly define the service area.

New Section Photos 11.5(c)

To maintain the accuracy and efficiency of the MLS data base, the MLS will no longer remove photos from sold listings. Alternately, to meet the requests from home buyers and sellers the MLS will update the sold listings IDX and VOW settings to stop the listing from syndicating. Effective immediately.

Occasionally, agents receive requests from their buyers to remove photos from the MLS. The California Civil Code requires the MLS to maintain those photos in the MLS for three years, so we are unable to comply with such requests.

Listing Brokers and Agents may submit a written request to MLS staff to update their sold listings preventing syndication outside the MLS. Please note: Once staff updates that setting, sold listing data will remain in the MLS only. MLS sold listing data will not be available to use for agent profile pages in 3rd party sites such as realtor.com and Zillow.

Public Remarks Restrictions & Requirements Rule 12.5.1

• Information in the public remarks shall only relate to the marketing, description and condition of the property.
• No contact information is permitted, including names, phone or fax numbers, email addresses or website branded addresses (including branded virtual tours and branded transaction tracking URLs).
• No showing instructions are permitted, including references to lockbox, alarm, gate or other security codes, or the vacancy of the property. However, a statement that the property shall be delivered vacant is not a violation.
• No information directed toward real estate agents or brokers, including compensation or bonuses offered to buyer brokers may be shown in public remarks.

At the request of many members, the MLS Rules have been modified to allow unbranded URL tours/URLs in the public remarks.