Dear MLS Manners,

What’s the big deal with listing photos? If I don’t upload at least one photo my listing is in NPH status, whatever that is, and agents outside of my office can’t view the listing. To make matters worse, if I don’t upload a photo within 5 days I get threatened with a fine!

Isn’t this business hard enough without this picture bother? Don’t you people have better things to do?

Sincerely, Cameron Shutter

Dear Cameron,

They say that a picture is worth a thousand words, but in the real estate business it may be worth a commission!

Entering photos in your listing is probably one of the most important things you can do to get it sold. MLS subscribers searching for properties to show rely on pictures to help them make their selection. Individual home buyers searching web sites like www.Realtor.com will altogether ignore listings that show no pictures. As long as you have no pictures in your listing you are cheating yourself and your client out of a sale! TIP: Be prepared for success. Bring your camera with you when you go on the listing appointment. Take a picture or two of the front exterior before you ring the doorbell. You may also want to bring a tape measure to get the room dimensions while you are there!

The RMLS requires every single family residential, multi-dwelling, commercial, business and rental property listed with the Participant and entered into the RMLS database to have at least one (1) photo of the front exterior of the subject property attached to the listing within five (5) business days of the entry of the listing into the RMLS database.

Land listings do not require a photo, but we encourage you to use any photo that would help you market the property. Plat maps and or aerial photos are particularly helpful.

If you are getting close to the end of the five day grace period and still don’t have a photo, one option would be to obtain written permission from the listing agent of a previous listing. Be sure to keep a copy of the authorization to use the photo in your file. Photos in the RMLS database are not fair game. The person who took the photo and/or loaded the photo has the copyrights to the photo. This is why written permission should be obtained prior to using any photo.

Another option would be to have RMLS scan and upload the photos for you if you have actual photographs printed on photographic paper. The fee for this is $5.00 per photo.

You can also use a professional photographer to take the photos for you, but beware that you are still personally responsible for getting the photos uploaded within the 5 day period.

If your new listing is in St. Lucie or Indian River County, the county property appraiser’s web sites have pictures of properties which you may copy and use in your listing. Caution! These pictures may be rather dated.

My final suggestion regarding photos: taking high resolution photos will not be of any benefit to your listing. This is because the MLXchange program automatically resizes your pictures to 640 X 480 pixels before saving them. It is suggested that you set your camera to take pictures at 640 X 480 (1 MB or less) before you take the photos. This step will save you the trouble of having to resize the images before uploading them.

I can’t over emphasize the importance of entering quality pictures on a timely basis. Be prepared to upload photos at the time you enter the listing.

I hope that helps you Cameron.

Sincerely,

MLS Manner

To Report MLS Listing Violations:

While in the details screen in MLXChange, click on ‘Report Data Error’ on the left side. It automatically inserts the Compliance email address and the listing information; just type in your comments regarding the violation. For questions regarding listing compliance, email compliance@rmlsfl.com.

Dear MLS Manners,

 I noticed today that an agent was using my photos from an expired listing on their new listing. I paid a lot of money for those photos, and I don’t think that’s fair. Is it okay for an agent to use another agent’s photos?

Dear Valued Subscriber,

 The answer to your question is no; this practice is not acceptable. While it is possible to copy another subscriber’s photos, it is not allowed.

 According to Regional MLS rules and regulations section 17.2.1, A Participant who submits a photograph or image to RMLS warrants that the Participant owns all copyright rights [and] conveys to RMLS a perpetual irrevocable non-exclusive license to use the photograph, image, and all purposes deemed appropriate by RMLS in its sole discretion, including publication and dissemination of the photograph.

 In other words, when a subscriber submits a photo on a listing, the subscriber gives RMLS the right to use that photo. The rules and regulations do not, however; permit other subscribers to use the images for themselves.

 In many cases, participants pay for professional photography. It is definitely unfair for another person to use an image that was purchased by someone else for their own monetary gain without permission from the purchaser.

 Some subscribers also spend a great deal of their own time gathering images for their listings. In this case, one who uses these images would be stealing the other participant’s time and effort.

 Many subscribers that I have spoken with would allow other agent’s to use their photos if they got permission first.

 Remember: All Residential, Multi-Family, Commercial and Business listings require at least one photo of the exterior of the property.

 To report an MLS violation, you can email from within MLXchange while looking at the details screen. Simply click on report data error listed on the left-hand side. It will automatically insert the quality control email address and the listing information. All you need to do is type in your comments regarding the violation.

 If you have questions regarding an RMLS listing or compliance policy, please send an email to: compliance@rmlsfl.com.

 All names and MLS numbers have been changed to protect the innocent…or guilty.

Mind your MLS Manners

There have been several errors regarding the entry of information in required fields in MLXChange. Below are three categories simply explained, plus a Fair Housing refresher on 55+ communities.

ROOM SIZES

There are three room fields that are required in MLXChange: Living Room, Kitchen and Master Bedroom. All required fields in MLXChange must have accurate information. Therefore, the entry of 0×0 for a room size is incorrect. Some subscribers have entered 0×0 for these fields because they are worried about being held liable for inaccurate measurements. If a room size is 12×12, then 0×0 is just as incorrect as 10×11. A 0×0 measurement, however; is grossly inaccurate. There is a disclosure on every listing that states, “The accuracy and authenticity of this information is not guaranteed.” We do, however; require that information entered in MLXChange be entered accurately. Required room size fields must include an accurate dimension of the room, 0×0 is always an inaccurate measurement (unless the room does not exist, e.g. a loft).

POOL Y/N

The Pool field in MLXChange is required. This field indicates whether or not the property has a private pool. In other words, does the purchase of the home include ownership of a pool? Most condos, townhomes, etc. do not have private pools. Community pools should be indicated in the Subdivision Info field. A good rule of thumb is if the property has a unit#, the pool field will most likely be “N” for no.

PETS ALLOWED

There are three options for this field—Y (yes), N (no), R (restrictions). A common blunder in the entry of this field is the entry of “R” (restrictions). If “R” is entered for this field, the listing agent is indicating that pets are allowed, but there are restrictions (such as weight, number or type). Those restrictions would then be indicated in the Restrictions field. Often times, “R” is entered in the Pets Allowed field, and “No Pets” is entered in the Restrictions field; this is not possible. If “No Pets” is stated in the Restrictions field, then “N” should be entered in the Pets Allowed field.

Subscribers should make sure that all of their information aligns properly with all other fields. Always double check your entries, and if any questions arise; you know who to contact… the Compliance Department at Regional MLS.

To report an MLS violation, you can email from within MLXchange. While looking at the details screen in MLXchange, simply click on report data error listed on the left-hand side. It will automatically insert the quality control email address and the listing information. All you need to do is type in your comments regarding the violation.

If you have questions regarding an RMLS listing, a compliance policy, or the new MLS Data Checker please send an email to: quality.control@rmlsfl.com.

AGE RESTRICTIONS

The only acceptable age restrictions allowed by Fair Housing laws are 55+ or 62+. All other descriptions regarding ages are a violation of Fair Housing laws. For example, “active adult community” is considered a violation. If the community is 55+, then that is the acceptable description to use in the remarks of a listing. “Active adult” discriminates against both the inactive and all non-adults. If it is an active community then, it should be described as such (e.g. active community, 55+). 

There is no list of words that cannot be used in a listing. It is a matter of how the words are used. Any word or phrase that excludes potential buyers must not be used. For example, “Perfect for newly-married couple” should not be used. Describe the home and allow it to be perfect for everyone.

For more information regarding Fair Housing, please visit the Palm Beach County Office of Equal Opportunity website: http://www.pbcgov.com/equalopportunity/fairhousing/

Dear MLS Manners,

I recently received a Compliance Courtesy Notice on a new listing because I didn’t include room dimensions for the kitchen, living room and master bedroom.

What a joke! Kitchen? Living room? Master bedroom? Are you kidding! This place is one room with a bathroom. It’s so small that you can fry an egg on the hotplate and with the other hand reach for something in the living area without moving an inch. How do you expect me to enter dimensions for a kitchen, living room and master bedroom?  Hmmm!  

I have another listing to enter this week that doesn’t have a living room, but it has one big open area that the owner refers to as the “great room” or “family room.” What do you expect me to do with this one? 

Sincerely,

Trixie Fields

Dear Trixie,

When you list a studio or efficiency enter 1×1 for the Kitchen, living room and master bedroom dimensions. Then state in the Public Remarks that this property is a Studio or Efficiency so there are no specific room dimensions. Entering 0×0 for any of the dimensions will cause the listing to be out of compliance and a Courtesy Notice will be sent.

In some floor plans today there may not be a ‘living room’, there may only be a Family Room or what they call a Great Room. In this case enter 1×1 for the Living Room dimensions and then enter the actual dimensions for the Family Room. If you enter 1×1 for the Living Room dimensions, you MUST show actual dimensions for the Family Room.

Don’t make the mistake of changing a listing to an off market status. That will not always eliminate the need for a compliance correction. For example: Remarks that include contact information.  No matter what the listing status is, the contact information MUST be removed.

Sincerely,

MLS Manner

To Report MLS Listing Violations:

While in the details screen in MLXChange, click on report data error on the left side. It automatically inserts the Compliance email address and the listing information; just type in your comments regarding the violation. For questions regarding listing compliance, email compliance@rmlsfl.com.

 Dear MLS Manners,

I realize that to have a properly functioning MLS system, it is incumbent upon all of us users to enter correct information in our listings. Having correct information will help other agents find and sell my listings and help me avoid an unwanted compliance fine.

Please tell me, what the most common listing violations are and how I can avoid them?

Sincerely,

Curt C. Knowtis

Dear Mr. Knowtis,

Here are the most common errors and some suggestions on how to avoid them.

Incorrect Geographic Areas & Area Numbers: 

The easiest way to avoid this violation is to have the MLS area maps handy when entering a listing. Maps can be viewed and printed at www.rmlsfl.com, and can be quite helpful when searching for listings. You can view highly detailed Geo Area digital maps in PDF format which allows you to zoom in or out to search for street names.  Hint: For all Florida properties outside our region, use Geo Area PB07 and Area Number 5940.

Photos:  At least one front exterior photo of the subject property must be uploaded within 5 calendar days of the listing date. If you have only one picture, it must be a front view of the building. If you have multiple photos, at least one must be the front view, but it does not have to be the first photo. Be prepared by having your digital camera with you for the listing appointment. Hint: You may want to have your camera set to 640 X 480 pixel resolution to speed the photo upload process.

Incorrect Tax ID Numbers:  It is easy to get the correct Tax ID when entering a new listing! Just use the Auto Populate feature and much of the information required for the listing will be automatically gathered for you effortlessly. The only way to get the Tax ID wrong is to enter the listing manually, which you must do for listings in the Miami/Dade area. Hint: Always make sure that Tax ID numbers do not contain dashes or spaces.

Tax Year and Tax Amount:  Once again, use the Auto Populate feature. Usually the tax year and tax amount will populate correctly, but always verify the data before saving the listing. 

Room Dimensions: Room dimensions should be entered at the time the listing is created.  The Master Bedroom, Living Room and Kitchen Dimensions are required. Be prepared and take a tape measure with you to your listing appointment!

Subdivision & Development Name:   The Subdivision and Development name must be entered accurately and cannot be used for advertising, catch phrases or other purposes. If you use the Auto Populate feature, check the subdivision name for accuracy. Hint: Auto Pop may show the subdivision name as “Sunny Estates Sec 01” instead of “Sunny Estates.” Always enter the subdivision name as this is how most agents will search.

Branding:  Photos, Slide Shows or Virtual Tours cannot contain any contact information such as logos, company or agent names, addresses or phone numbers. Make sure that signs with contact information do not appear in photos.

Public Remarks and Addenda.  Remarks that the public can see must not contain any contact, branding, advertising or comments such as Motivated Seller, Commission or Bonus Information. Do not enter contact information showing instructions here.

City: Make sure the city name is correct and it corresponds to what is in Realist.  You cannot use the name of a neighboring city just because it is more desirable.

Directions: The directions are meant for just that.  They are intended to guide other agents to your listing. Do not use phrases such as, “See MapQuest.”

Incorrect Sales Price, Rented Price, Selling Agent:  Once a listing is updated as sold or rented, you can no longer change the listing.  If you make a mistake entering the sales price, rented price or selling agent, etc., you can have a correction made to the listing by Mongo faxing or emailing a request to prof.services@rmlsfl.com.

Status: If a listing status has changed, the change must be reported within 2 days from the effective date of the change.

General:  Use all fields only for how they are intended!

Thank you,

MLS Manner

To Report MLS Listing Violations:

While in the details screen in MLXChange, click on report data error on the left side. It will automatically insert the Compliance email address and the listing information; just type in your comments regarding the violation. For questions regarding listing compliance, please email compliance@rmlsfl.com.