Rules & Regulations
News and Spotlights: Listing Input and Status Changes
Enter Listings Within 3 days of Contract Effective Date
Listing Properties in Commercial/Mixed Use
Temporarily Not Available for Showing
Clearing the Mystery of “Comp Sold” and “Sold
Before Print”
Enter Listings Within 3 days of Contract Effective Date
The Rule and its Purpose: RMLS Rules and Regulations require that MLS Participants enter new listings into NorthstarMLS no later than 3 days from the contract effective date (including weekends and excluding state and federal holidays). The purpose for the rule is to encourage timely entry of new listings in MLS. This ensure that the seller’s property is receiving timely exposure, and that cooperating agents are granted equal access to view the property.
How is the Deadline Calculated? The deadline for listing input is calculated from the contract effective date, regardless of when the contract is actually signed. Weekends are included in this calculation. The three-day input period starts to accumulate on the day after the contract effective date. For example, if a contract is scheduled to become effective on Friday, February 20, 2004, the deadline for listing input would calculate as follows:
Day One: Saturday, February 21
Day Two: Sunday,
February 22
Day Three:
Monday, February 23
Therefore, the listing would need to be entered in NorthstarMLS no later than 11:59 pm on Monday, February 23. Market Time is calculated based on the contract effective date, not the date the property is received by MLS.
What if the Seller Does Not Want the Property Listed on NorthstarMLS at All? Sometimes sellers will request that the property not be entered into NorthstarMLS, but they want the REALTOR® to hold open houses, put a sign in the yard, and/or run ads in the newspaper. The seller has the right to make this request. In such cases, you must notify RMLS of the new listing within 3 days of the contract effective date by filing a Certification to Withhold Form (pdf) and faxing it to your REALTOR® Association. You may still advertise and show the property when it's withheld.
What if the Seller Wants the Property Listed on NorthstarMLS, But Will Not Be Holding Showings Until a Later Date? I Do Not Want the Listing to Accumulate Market Time During This Period. Sometimes sellers want to sign the listing contract, but do not have plans to show the property for an extended time because they may be painting, remodeling, out of town or some other reason. In these cases, it is best to enter the property on MLS (within the three day time requirement), then immediately place the property into “Temporarily Not Available for Showing” by filing a Status Change Form with your REALTOR® Association. The property will not accrue Market Time, but will still be listed with you. Keep in mind that while in “Temporarily Not Available for Showing”, no showings can take place on the property. When the property is ready for showings, change the status back to “Active” by filing another Status Change Form with your REALTOR® Association.
Fines for Violations: Most agents do a great job of entering listings into NorthstarMLS in a timely manner. However, RMLS has found that violations of this rule tend to be repeated by some agents. To discourage repeat violations of this rule, the RMLS Board of Governors voted to create escalating fines to these violations. The first violation per agent results in a $100 fine. The second violation results in a fine of $500. Continued repeat violations by the same agent will result in a doubling of the last fine amount. If you have questions about when your listing needs to be inputted, please contact the RMLS Rules & Regulations Department at 651-251-5458. We will be happy to help you.
What if I Already Listed the Property on NorthstarMLS, and Now My Seller Does Not Want Any Showings for a Few Days? If the property is already listed on NorthstarMLS but the seller has instructed you that he/she does not want any showings for a particular period of time (24 hours or longer), then you need to change the property status to “Temporarily Not Available for Showing”, by filing a Status Change Form with your REALTOR® Association. In this case, no advertising of the property is allowed, nor would any showings be permitted. Once the status is changed back to “Active” (by filing another Status Change Form), then marketing of the property may resume.
Listing Properties in Commercial/Mixed Use
February 27, 2004: As a NorthstarMLS subscriber, you are required to input all of your listings that are in the Single Family, Multi-Family or Lots and Land property types (within three days of the contract effective date). You are not required to input your Commercial/Mixed Use listings. However, we do encourage you to do so for the viewing of other MLS subscribers and for the benefit of your sellers.
When you enter a Commercial/Mixed Use listing, it is subject to the same RMLS Rules & Regulations (such as complete, accurate data and a photo uploaded within five days). Commercial/Mixed Use, defined in the RMLS Interpretive Policies, is “property of commercial, residential, or mixed commercial and residential use.”
Examples of such properties include:
- Multi-residential buildings with five or more units (if four or fewer units, it belongs in the Multi-Family Residential property type)
- A doughnut shop that includes the land and building structure
- Churches
- A hardware store with an apartment unit on the second floor
- Bed & Breakfasts
Properties that are not permitted in this category include:
- Duplexes or any other multi-family properties with four or fewer units (enter them in the Multi-Family Residential property type).
- Any type of farm (enter them in the Single-Family Residential property type. You may also enter them at the same time in Lots & Land.)
- Condominiums and Townhouses (enter in Single Family Residential).
- Any listing that does not contain real property, such as leases or business opportunities (not permitted anywhere on NorthstarMLS).
If you have any questions about the Commercial/Mixed Use property type, please contact RMLS at 651-251-5458.
Temporarily Not Available for Showing
If the seller of a listed property decides to not schedule any showings for 24 hours or longer, the listing must be moved out of an “Active” status to the Temporarily Not Available For Showing (TNAS) status. It is not correct or accurate to state that the property is unavailable in a Remarks section of the listing.
Purpose of the Rule: By definition, an “Active” status on a listing means the property is available for showings. When agents search and email Active listings to customers, they expect to be able to arrange for property showings. If an agent calls to schedule an appointment and is told the property is unavailable for more than 24 hours,
- it is an inconvenience to the agent and his/her customer
- it may be seen as a violation by the Commerce Department because this listing will appear as available on all Broker Reciprocity sites as well as REALTOR.com and the two local newspaper sites; and
- it means the listing on the MLS is inaccurate because the listing does not meet the requirement for an Active status.
Examples of When to Use TNAS:
- The seller is doing repair work on the home and does not want to show
it for one week after the contact effective date. You are still required
to enter the listing within three days of the contract effective date.
The field “List Date” should always reflect the first day
of the contract term. As soon as the listing has been entered into the
MLS, send an MLS Change Form to your Association to have the status changed
to Temporarily Not Available for Showing. If you know when the property
will be available for showing, you may state that in the Remarks section.
Within 24 hours of being available for showing, switch the listing to Active
status.
- The seller offers limited show times, for example weekends only. Within
24 hours of the final showing of the weekend, switch the listing to TNAS
status. Within 24 hours of the first showing availability of the weekend,
switch the listing back to Active status. State in the Remarks section
that the property is available for showing on weekends only.
- The seller accepts a Letter of Intent from a potential buyer, which includes an agreement to suspend marketing of the property. Because there is no signed purchase agreement, you cannot move the listing to Pending status. Move the listing to TNAS status. Once a purchase agreement is signed, you must move it to Pending status (if the seller does not want to show the property to secure a back-up offer). If the property is still available for showing, the listing should stay Active but the signed purchase agreement must be disclosed when future showings are arranged. When the Letter of Intent expires, if no purchase agreement is signed, and the sellers are ready to schedule showings again, return the listing to Active status.
Does Market Time Accrue While TNAS?: No. The time a property spends in the TNAS status does not count towards its Market Time calculation.
Will The Listing Appear on Broker Reciprocity Web Sites?: While the property is listed as TNAS, it is not available for Broker Reciprocity Web sites. Once you move it to Active status, it will appear on Broker Reciprocity sites with the next Web site update.
What about Certification to Withhold?: You should complete a Certification to Withhold form only when the seller does not want the property listed on the MLS at any time. There could be a variety of reasons for withholding, such as security concerns. You must fax the Certification to Withhold form within three days of the contract effective date to RMLS at 651-251-5457. If you later enter the listing onto NorthstarMLS, the time period that it was withheld does not count towards market time.
How Do I Change a Listing to TNAS?: Complete an MLS Change Form and submit it to your REALTOR® Association. Contact your Association if you have any questions.
Fines for Violations: Having a listing in the incorrect status is currently classified as a Minor Violation. For each violation, we issue a Complaint Notification to the broker. Upon receipt of this notice, the broker has 24 hours (excluding weekends and holidays) to make a correction. If the listing is not corrected to reflect the status of the property or the listing office does not begin scheduling showings within 24 hours, the listing office is fined $100.
Documentation: The RMLS Rules and Regulations specify the listing procedures. The information above summarizes some of these procedures in general. It is provided only for your convenience and does not alter or affect in any way your responsibility to comply with the RMLS Rules and Regulations in their entirety. View the full RMLS Rules and Regulations (pdf)
Clearing the Mystery of “Comp Sold” and “Sold Before Print”
March 23, 2004: RMLS is finding an increasing number of properties displayed as “Sold” or “Active” status in NorthstarMLS, with the note “Sold Before Print” in the remarks section. This is incorrect. They should be entered as Comp Solds. What is the difference between “Comp Sold” and “Sold Before Print?” Although Comp Sold and Sold Before Print are different labels, they actually mean the same thing and are treated the same on NorthstarMLS—they must be entered as Comp Sold.
What is a “Comp Sold” or “Sold Before
Print?”
If you help a buyer purchase real estate, and the seller of that property
has not signed a listing contract with an agent, you may
(with the buyer’s signature on a NorthstarMLS Listing Input form),
record the sale on NorthstarMLS. It must be entered as a
Comp Sold (also known as Sold Before Print). This means that the data is
entered directly onto the system as a property that has closed, and is never
entered as an available property (Active status) at any time, even momentarily.
(In other words, it is sold before print.) A Comp Sold in NorthstarMLS will
never have a listing agent. That field will automatically be entered as Non-MLS.
Only a selling agent will be recorded.
What are the Rules for Entering Comp Solds?
If you are the selling agent for a Comp Sold listing, we encourage you to
enter it into NorthstarMLS, although it is not required. If you do choose
to enter it, you are bound by the same rules as for regular listings. All
required data (including a photo) must be entered completely and accurately.
What if I Worked with the Buyer and Want Credit for
the Listing?
Since there was no “listing” (no listing contract was signed),
you must enter the sale as a Comp Sold. You cannot take credit for a listing
when you never signed a contract with the seller. However, if the buyer allows,
you can record the sale on NorthstarMLS. Comp Solds do count towards broker
market share.
Why Does a Comp Sold Have a Listing Number if there
was No “Listing”?
In the case of Comp Solds, the list number is for identification and reference
purposes, and does not imply that a listing contract was signed by the seller.
Why Can’t I Enter a Comp Sold Simply as “Sold”?
A Comp Sold never has an Active status on NorthstarMLS. It has not accumulated
MLS Market Time, and is not listed with an MLS Subscriber. Entering it
as an Active property, then pending and closing it, would create Market
Time. This Market Time would not be accurate because Market Time on NorthstarMLS
is calculated off the List Date, which in this case does not exist.
How do I Determine How to Enter a Sale?
Did you sign a listing contract with the seller? If yes (and if the property
was not withheld from NorthstarMLS with a signed Certification to Withhold
form), then you should already have it listed as “Active.” Simply
change the status of the listing from Active to Pending when the seller
is no longer accepting showings, and then from Pending to Sold when
the property closes. If you have not signed a listing contract with a seller,
but you have the buyer’s signature on a NorthstarMLS listing input
form, then you may enter the sale as a Comp Sold.
How do I Input a Comp Sold?
Select the Property Type, then select "Comp Sold" under Status:
Click the “Submit” button and then complete all the required
fields (highlighted with a blue asterisk).
Additional Questions
If you have more questions about Comp Solds, please contact Hugh Trimble
at RMLS at 651-251-3205.