Our Staying MLS Compliant series of articles and updates are designed to provide information to our Brokers and Office Managers that you can relay to your agents and keep them out of trouble with the MLS. In these articles, our MLS team will discuss different rules to know so that you and your agents can remain in MLS compliance. For our next edition, we cover Subsequent Use of Media and Public Remarks, including MLS Rules 11.5 and 12.5.
Agents must have proper written authorization in order to use Photos/Media or remarks from another agent’s listing. Usage of any photos or media without written authorization to do so will result in the offending party receiving a $1,500 fine with no warning. Remarks used without written authorization will result in the offending party receiving a $250 fine with no warning.
Information related to the required authorization can be found in the following rules pulled directly from the CDAR MLS Rules and Regulations, with the relevant sections highlighted in red bolded text:
11.5 | PHOTOGRAPHS/IMAGES “MEDIA” ON THE MLS: By submitting photographs/images, including but not limited to photographs, images, graphics, audio and video recordings, virtual tours, drawings, renderings or any other representations (collectively referenced in these Rules as photographs and or images) to the MLS, the Participant and/or Subscriber represents and warrants that he or she either owns the unlimited and unencumbered right to submit, convey to the MLS all rights to the photographs/images, reproduce and display such photographs or has procured such rights from the appropriate third party, and has the authority to grant and hereby grants the MLS and the other Participants and Subscribers the right to reproduce and display the photographs in accordance with these rules and regulations. Use of photographs by a subsequent listing agent requires prior written authorization from the originating listing agent or other appropriate party with the legal right to reproduce and display such photographs. Branding of any Media, Photos and or Images, submitted to the MLS is prohibited, including but not limited to photographs displaying “for sale” signs posted on the property. At least one (1) photograph or image accurately displaying the listed property (except where sellers expressly direct that photographs of their property not appear in MLS compilations) is required to be posted on the MLS within three (3) days of submission of the listing in all categories other than business opportunity. The MLS reserves the right to remove any non-compliant photographs and or images from MLS display should Participant or Subscriber refuse or fail to bring said photographs and or images into compliance with the requirements of this rule after being notified and instructed to correct by the MLS. Once submitted, the photographs become the exclusive property of the MLS and neither the Participants, Subscribers or a third party taking the photographs may assert any right to the photographs, except as specifically granted in writing by the MLS.
12.5 | MISUSE OF MARKETING/PUBLIC REMARKS AND MEDIA: Information in the marketing/public remarks shall only relate to the marketing, description and condition of the property. No contact information is permitted, including names, phone or fax numbers, email addresses or website addresses (including virtual tours and transaction tracking URLs). No showing instructions are permitted, including references to lockbox, alarm, gate or other security codes, or the occupancy of the property (a statement that the property shall be delivered vacant is not a violation of this section). No information directed toward real estate agents or brokers may be shown in marketing/public remarks. No information other than the marketing, description and condition of the property is permitted. Participants and Subscribers may not use the marketing/public remarks in a property data profile sheet or listing submitted to the MLS or inputted directly into the MLS database for purposes of disparaging other real estate agents or conveying information about other offices or for conveying any other information that does not directly relate to the marketing of the listing. By submitting marketing/public remarks to the MLS, Participant and/or Subscriber represents and warrants he or she has the authority to grant, and hereby grants the MLS and the other Participants and Subscribers the right to reproduce and display the marketing/public remarks in accordance with these rules. Copying of marketing/public remarks by a subsequent listing agent for use in his or her own listing requires prior written authorization from the originating listing agent or other appropriate party with the legal right to reproduce and display such marketing/public remarks.
