Author: Linda

We’re pleased to announce a recent MLS rule update that provides more flexibility and clarity when including information about seller credits and concessions for buyers in your listings.

What’s Changed?

Previously, MLS rules prohibited any mention of seller credits or concessions in Public and Confidential Remarks. Under the updated rule, remarks regarding seller credits, incentives, or concessions to a buyer are permitted in the Public or Confidential Remarks fields, provided it meets the following guidelines:

· The remarks specifically identify the intended use of the credits, incentives, or concessions.
· The remarks do not include a dollar amount or percentage.
· The credits, incentives, or concessions are not offered for payment, directly or indirectly, of buyer broker compensation.
· The remarks are otherwise compliant with all MLS Rules.
· For additional information, contact the listing agent.

How This Helps You
This change is designed to support more transparent communication with agents and buyers, while still ensuring compliance with MLS policies and the spirit of cooperation. By clearly describing how a seller is willing to assist a buyer—without referencing compensation—you can:
• Highlight value-added opportunities in a competitive market
• Better manage buyer expectations

Full MLS Rule Verbiage (changes in red)
MLS Rule Section 12.5.1 Public Remarks Restrictions and Requirements
a. Information in the public remarks shall only relate to the marketing, description, and condition of the property.
b. Advertising of financing terms in public remarks is prohibited.
c. No contact information is permitted, including names, phone or fax numbers, email addresses, or branded website addresses (including branded virtual tours and branded transaction tracking URLs).
d. No showing instructions are permitted, including references to lockbox, alarm, gate, or other security codes.
e. No information directed toward real estate agents or brokers may be shown in public remarks.
f. Listing Content and Fair Housing Laws. All listing information, including all remarks, submitted to the MLS must be in compliance with fair housing laws. The MLS monitors listing content and employs a process for identifying potential violations of fair housing laws. Should potential fair housing law violations be identified, Participants and Subscribers will be advised to immediately remove or correct such potential violations. Failure to remove or correct may subject Participants and Subscribers to discipline and/or subject the listing to immediate removal from display.
g. Seller’s concession or credit information and comments are prohibited.
Seller credits, incentives, or concessions to a buyer are permitted in the Public or Confidential Remarks fields, provided that:
• The remarks specifically identify the intended use of the credits, incentives, or concessions.
• The remarks do not include a dollar amount or percentage.
• The credits, incentives, or concessions are not offered for payment, directly or indirectly, of buyer broker compensation.
• The remarks are otherwise compliant with all MLS Rules.
• For additional information, contact the listing agent.
h. Any compensation or commission information is prohibited.
i. No occupancy information is permitted (for example, whether the property is owner-occupied, tenant-occupied, or vacant). However, a statement that the property shall be delivered vacant is not a violation.

MLS Rule Section 12.5.2 Confidential Remarks Restrictions and Requirement
a. “For Comp Purposes Only” must appear in the first line of confidential remarks when a listing is entered for that purpose.
b. References to codes, burglar alarms, security systems, gate codes, assigned parking space numbers, or combo lockbox codes may only be placed in confidential remarks only with seller’s written permission.
c. Caution: Title or escrow information may be entered in confidential remarks; however, participants/subscribers should note that any verbiage which implies a requirement to use a specific title company or escrow service may be a violation of RESPA. You are advised to seek legal counsel for specific advice when using such verbiage.
d. Except for reciprocal listings, no reference may be made to licensees who are not participants or subscribers.
e. If a seller(s)/landlord(s) has directed that offers are not to be presented for any length of time, seller’s direction authorizing such arrangement shall be in writing, and listing broker shall provide clear and accurate notice of the date/time of presentation of offers as set forth in the written instruction to Participants and Subscribers in the confidential remarks of the MLS notwithstanding seller’s right to accept offers at any time.
f. Seller’s concession or credit information and comments are prohibited.
Seller credits, incentives, or concessions to a buyer are permitted in the Public or Confidential Remarks fields, provided that:
• The remarks specifically identify the intended use of the credits, incentives, or concessions.
• The remarks do not include a dollar amount or percentage.
• The credits, incentives, or concessions are not offered for payment, directly or indirectly, of buyer broker compensation.
• The remarks are otherwise compliant with all MLS Rules.
• For additional information, contact the listing agent.

g. Any compensation or commission information is prohibited.