Are your Listings Compliant?

MLS Stratus has recently rolled out a new feature that provides a WARNING MESSAGE if a potential violation that could result in a fine is found in the Public Remarks on a listing. Potential violations can include words or phrases that may not be in compliance with Rule 306.3, Improper Use of Data Fields. Agents are encouraged to go back and check the verbiage appearing in the Public Remarks field on their listings.

Rule 306.3 reads as follows: Proper Use of Data Fields Data fields may only contain information that pertains to that particular data field. For example: “Floor Plans” may only contain rooms or appliances on each floor, the “Section/Area” is for the neighborhood where the Property is located, the “Handicap Description” shall only describe features which make the property handicap accessible, etc. a. Participants and Subscribers shall not insert any contact or “Other Identifying Information” (as defined herein) in any field not specifically designated by the MLS for such information.

The “Public Remarks” field is for describing the physical characteristics of the Property, its location, and any lawful seller’s instructions concerning a proposed transaction. It may not contain contact or Other Identifying Information of any person or entity related to any proposed transaction, status information, showing instructions, offer procedures, property addresses, open houses, references to broker compensation, or any other notation intended for agents. Any improper information in the Public Remarks field will result in the entire field being deleted, and the imposition of a fine as set forth in Section 11. 

The Agent Remarks may not contain any conditions, limitations, or instructions that could violate NYS license law, or anti-trust law, or are contrary to the spirit of cooperation. For example, “Cooperating agent will not get a commission if the ©2020 OneKey® MLS Rules & Procedures •ver.2022E•Page 24 of 65 agent does not accompany the buyer to an open house or showing.” Any improper information in the Agent Remarks field will result in the entire field being deleted, and the imposition of a fine as set forth in Section 11.