New MLS Rules Compliance System
Launching March 11
Today, a new program called Listing Data Checker is being enabled on our Matrix system. This is an upgrade to our current violation management system. The program is designed to streamline and better protect the accuracy of the MLS data. Violation notifications to agents will continue to be sent out, but they will appear differently than they have in the past. Fines will also be more strictly enforced to continue protecting the MLS data integrity.

Having a new system to monitor data input will significantly improve the accuracy of our listing inventory. This system is integrated with Matrix and will help consolidate all listing violations and keep listing agents informed of their infractions. Using the new software, our staff will be able to better monitor violations and will be able to more easily follow up on listing issues reported by other participants/subscribers in Matrix using the ‘Report an Error icon’ (see image below). 
Listing Agents will see a new ‘Listing Data Checker’ widget on their Matrix home page to help them review open and previous listing data issues when applicable.
System Overview
Let’s review how the system will work beginning March 11. (The rules have not changed, but this system may be able to see infractions we may not have caught before since it is newer technology.)

Upon notification to the MLS of any infraction of the MLS Rules and Policies, the MLS Staff has been directed to do the following:
  1. Contact the listing agent and Designated REALTOR® (and/or other staff person(s) per the DR) of the firm to resolve the infraction (via e-mail through our listing data checker program).
  2. If the infraction is not corrected within the specified time frame, and/or happens on another listing, the second notification will be sent along with an immediate first offense fine.
  3. The third notification for same rule violation (for any listing) sets grounds for an immediate second offense fine (refer to MLS Rules Appendix B), etc.

Only One Warning – only one warning, per agent, per rule, per calendar year is allowed. This means that once an agent is “Warned”, (for example, “No Photo”) the agent will receive a fine the next time a photo is not submitted within the appropriate time frame. This was implemented some time ago due to the fact that agents were consistently breaking the rule, receiving a warning and then fixing the issue. In essence, “Getting away with it for a few days”. The warning serves as an education piece informing the agent of the infraction. Once informed, there should be no need for further warnings.
Common Infractions
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.
MLS Rules Reference
As always, we appreciate your cooperation as we roll out the new system. We strive to have the most accurate data in our MLS as possible, and this would not be feasible without enforcing our MLS rules.

If you wish to view all of UNYREIS/NYSAMLS’s Rules and Regulations, you can view them from the MLS Rules button in the member Portal or at these links:

GRAR | Education. Information. The tools and support you need.