Ask if your Broker is a REALTOR®,
a member of the National Association of Realtors® ™
The Silver City Regional Association of REALTORS® includes Brokers and real estate industry leaders who band together to ensure a healthy real estate environment and to protect private property rights. REALTORS® are professionals helping consumers achieve the American Dream of homeownership.
SCRMLS is a wholly owned subsidiary of SCRAR, and committed to providing reliable, cooperative, credible real estate database of listing and sales information in southwest New Mexico. Contact: 575-538-2665 | email | 1930 Highway 180 E, Silver City, NM 88061
Silver City Regional Multiple Listing Service
PAGES: SCRMLS Home | MLS Join | MLS Services | MLS Resources | MLS Data Integrity
DATA INTEGRITY
Integrity of data is the most precious commodity that any MLS has. Protection of the integrity of the data is a challenging task, but paramount to providing our members with the best and most accurate data in order to serve the day to day needs of the consumers that are your clients.
SCRMLS Compliance Corner
While many of the following MLS rules and industry etiquette are familiar to most REALTORS®, they are the most frequently reported violations from Brokers utilizing the MLS system. In order to maintain a system that is efficient and provides its users with accurate and timely information, it is necessary to maintain and enforce rules in a fair and unbiased manner. To review the full set of MLS Rules and Regulations, as well as our Standards of Practice and Citation Policy look in the MLS Documents section of Paragon.
Any matter not specifically addressed in the SCRMLS Rules and Regulations shall be governed by the policies and procedures set forth by the National Association of REALTORS® as from time to time amended as well as the Policies and Procedures established by Silver City Regional MLS.
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Listing Corrections can be made in Paragon by using the "Corrections" button.
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To make a complaint about a rule or policy violation contact the MLS Administrator via email. Only written complaints will be addressed.
MLS Rules
REALTOR® MLS policies come from both the National Association of REALTORS® (NAR MLS Policy Handbook), as well as those developed locally.
MLS Members ask...
What are some things I can do to not be fined?
Answer:
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Familiarize yourself with the MLS rules & regulations.
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Input accurate, complete, timely listing and sales data.
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Submit all listings to the MLS within 48 hours of an effective listing agreement.
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Input all changes including price, status, and sold information within 48 hours of obtaining signatures.
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Do not delay showings beyond 72 hours for active listings.
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Do not enter any broker, brokerage, or contact information in public remarks or on photos/tours.
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Failure to submit a listing waiver to the MLS within 48 hours of signatures. If your seller signs a temporary or brokerage exclusive waiver and ANY public marketing occurs the listing must be entered in one day.
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Do not share your MLS login credentials with anyone...ever!
Note: this Q&A is provided to assist in education efforts only and is not comprehensive.
May 2023 MLS Compliance Tips
Every May, MLS Training Month is designated by SCRMLS. This special issue of Compliance Tips is a part of our member outreach program to keep members informed and well-informed on a range of subjects regarding remaining compliant with SCRMLS Rules & Regulations.
New for 2023
SCRMLS Rules and Regulations Amended:
Adopted Sections 9.1.1 through 9.1.5 to establish a Compliance Committee. Amended the Addendum A - SCRMLS Citation Policy to bring it into concurrence with Sections 9.1.-9.1.5. The definition of the No-Showing Rule was also better defined.
SCRMLS Expiration Date:
If you fail to change the expiration date on a pending listing in Paragon, the listing will auto-expire. There is no longer a grace period. Pay attention to the expiration date notices for all statuses in Paragon. These notices from Paragon start 14 days prior to the expiration date!
SCRMLS No-Showing Timeline:
A reminder that active listings with "no showing" dates longer than 72 hours cannot be entered into the MLS. If your client requests a longer time, you must file a temporary listing waiver form, and there can be no public advertising.
New for 2022
NAR Broker Attribution:
National Association of REALTORS® recently updated its policy on Listing Attribution on Internet Data Exchange (IDX) displays and Virtual Office Websites (VOW), and you must display the Broker Attribution field on your IDX feed to be in compliance. If you have not done so already, update your IDX feed or contact your IDX vendor to make sure the Broker Attribution field is set to display on your site, and it is clearly visible according to the NAR® rule by September 1, 2022, or risk compliance violations. The attribution field is set in the preferences section of Paragon by the MLS Participant (Qualifying Broker Authority) of the member office.
New SCRMLS Status Labels - Active Under Contract and Pending:
Active Under Contract: An offer has been accepted, but the listing is still on the market.
Pending: An offer has been accepted, and the listing is no longer on the market.
Active Under Contract listings still show up as ACTIVE on the IDX data feeds. If the sellers are no longer accepting offers, then you must change the status to PENDING, and the listing will show up as pending/under contract in the data feeds.
NAR Property Addresses:
At the time of filing a listing, participants and subscribers must include a property address available to other participants and subscribers, and if an address doesn’t exist a parcel identification number can be used. Where an address or parcel identification number are
unavailable, the information filed with the MLS must include a legal description of the property sufficient to describe its location.
NAR Services Advertised as “Free”:
MLS participants and subscribers must not represent that their brokerage services to a client or customer are free or available at no cost to their clients, unless the participant or subscriber will receive no financial compensation from any source for those services.
New for 2021
NAR Accuracy of Listing Data:
Participants and subscribers are required to submit accurate listing data and required to correct any known errors.
NAR Compliance with Rules — Authority to Impose Discipline:
Note 2: MLS participants and subscribers can receive no more than three (3) administrative sanctions in a calendar year before they are required to attend a hearing for their actions and potential violations of MLS rules, except that the MLS may allow more administrative sanctions for violations of listing information provided by participants and subscribers before requiring a hearing. The MLS must send a copy of all administrative sanctions against a subscriber to the subscriber’s participant and the participant is required to attend the hearing of a subscriber who has received more than three (3) administrative sanctions within a calendar year.
NAR Consideration of Alleged Violations:
When requested by a complainant, the MLS will process a complaint without revealing the complainant’s identity. If a complaint is subsequently forwarded to a hearing, and the original complainant does not consent to participating in the process, the MLS will appoint a representative to serve as the complainant.
New for 2020
NAR Exempted Listings:
If the seller refuses to permit the listing to be disseminated by the Multiple Listing Service, the Participant may then take an "Office Exclusive Listing" and such listing shall be filed with the Multiple Listing Service but not disseminated to the Participants. Filing of the listing should be accompanied by certification signed by the seller that he does not desire the listing to be disseminated by the Service. Note: MLS Participants must distribute exempt listings within (1) one business day once the listing is publicly marketed. See Section 1.01, Clear Cooperation.
SCRMLS Waiver Forms:
Office Exclusive and Temporarily Exclude forms were created and are available on the Paragon homepage.
Compliance F.A.Q.
SCRMLS has Rules and Regulations which include a Citation Policy. The list below is just a few of the data integrity items addressed in the compliance document. The policy is easily accessed by SCRMLS members in the MLS Documents section in Paragon MLS.
MLS compliance problems persist in our market, creating unequal access to available properties and opportunities, particularly at a time of low inventory. The MLS must develop policies that provide equal access to all listings for everyone. Our profession, our members, and their clients are harmed by inaccurate, insufficient, and late data.
Are fines a way for the MLS to increase non-dues revenue? No. All fines collected will be donated to the SCRAR scholarship fund.
Reporting Errors:
Members can help champion SCRMLS data integrity by using the "Correction" Icon on the Paragon toolbar. Since SCRMLS can’t see every instance of rogue public marketing, we rely on you to let us know when other brokers are violating the rules.
Citation Policy:
SCRMLS has a three-page citation policy document on the Paragon homepage. Look in the Quick Links box! This policy outlines the fine areas and processes.
Public Remarks:
The “Public Remarks” field is intended only to describe the physical characteristics of the property and its grounds. Brokers may not enter contact information such as names, phone numbers, e-mail addresses, Web site addresses, video's, etc. The public remarks are to describe the property. Information related to the transaction such as available financing, seller concessions, bonuses or incentives are prohibited as well. Brokers must also be careful not to enter confidential information such as showing instructions or security codes since this field is displayed on showing handouts and members' public Web sites. Brokers should utilize the “Broker Remarks” field for the above referenced types of information.
Listing Agreements Required for All MLS Listings:
Before a listing can be entered in MLS, the listing participant must have a signed listing agreement with the seller giving the listing participant authorization to submit the listing to MLS. It is inappropriate to enter a FSBO listing where the listing participant has not entered into an agency agreement with the seller. It is also against MLS rules to enter a listing that has been sold outside the MLS where the listing participant did not have a signed listing agreement, with the seller, or written permission from the buyer and seller prior to closing.
Timeline for entering listings or making changes in the MLS:
Always 48-hours from the time the contract/form is executed.
Reporting Pending Sales:
Once a contract is signed, the listing should be placed under-contract within 48 business hours of the signed contract, even if both parties agree to allow the seller to continue showing the property. Properties that have a signed contract with a contingency and are available to show and taking back-up offers should be placed in under-contract backup or kickout status. While many sellers wish to keep the listing in “Active” status while taking back-up offers, it is important that we maintain consistent and accurate information so that agents are clear on the status of a particular listing.
Reporting Closed Sales:
All sales closed must be entered within 48 business hours of the actual closing/funding date. There are no exceptions to this rule, even if a buyer brings a contract with a provision indicating their desire to withhold the closing information from MLS. If the MLS is used to market the property, the listing participant is obligated to report the sale. Withdrawing, terminating or reporting a listing as expired to avoid reporting the sales price and closing information is prohibited.
Waived/Excluded Listings:
If the owner(s) of record refuses to permit the listing to be disseminated by SCRMLS, the Participant must email either the Temporary Exclude or the Office Exclusive waiver form to the MLS. These forms must be emailed within 48-hours, excluding weekends or federally recognized holidays, upon the latter of a) the dated signature of the owner(s) of record or b) the beginning date on the Listing Agreement.
Previously Waived (y/n):
For listings that have been withheld from the MLS on an exclusive or temporary waiver. This field was created so that if/when these listings get entered into Paragon, and the listing date is sometimes 30 plus days back, brokers can see why there is a discrepancy in the dates. If marked yes, it is beyond the required 48-hours for entry. We also go back and check to make sure I have a waiver on file to double-check.
Photos and Virtual Tours:
Photos and virtual tours cannot include branded signage, text, or graphics, the first photo in the listing must be of the front exterior of the property, a true representation of the property, brokers must own the rights to the photos they are posting and virtually staged or enhanced photos must be disclosed.
MLS compliance vs. Code of Ethics:
This topic comes up frequently, and since the MLS has automatic compliance processes, Realtors® typically want the MLS to get involved. They only need to report and leave, and we will follow up with fines and compliance. They believe the code of ethics ought to behave similarly. But there is a purpose for that division. MLS compliance is typically clear-cut. The data either exists or it doesn't. Code of ethics violations often involve much more gray area and generally need a "jury of their peers" to make a decision in order to provide due process. The code of ethics is about protecting the Realtor® brand. The MLS is about protecting the data. MLS rules section 9.1 "Alleged violations involving unethical conduct shall be referred to the professional standards committee of the association of Realtors® for processing in accordance with the professional standards procedures of the association."
No Address Lots/Land data feeds:
Typically there are issues, with land, without an address feeding to online portals such as R.com and Z.com. Especially, if you have multiple lots. Many times these lots don't feed, or feed with incorrect information. This issue was discussed at the Paragon training conference. The recommendation was to approximate an address such as 42XX N. Main Street, or 3XX S. Land Lane. If you do this you have a MUCH better chance of getting your land listing to populate correctly rather than using an ? or XX.
MLS Etiquette - not rules - Best Practices!
Appointments Required for All Property Showings:
Appointments for showings and negotiations shall be conducted through the listing Participant except where the listing participant gives the cooperating broker specific authority to contact the owner directly for showing. Please make sure your appointment has been scheduled and confirmed, it’s a difficult situation when a homeowner is surprised by strangers entering their house unexpectedly.
Property Showing Etiquette:
Review the Broker remarks and showing instructions prior to entering the home. This will ensure you don't let the pet out or wake up a homeowner that works nights. Remember to wipe off your feet, stay close to your clients, turn out the lights, and lock the doors behind you. Do not leave a business card unless requested by the seller or listing participant. While these reminders may seem obvious and of common courtesy, MLS has received calls from angry homeowners that feel Brokers showing their home have been inconsiderate in regards to leaving the property as they found it.