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Historically there is a surge of
listing activity at the beginning of each year. As you launch your
marketing efforts for 2016, please remember that PPMLS participants
have agreed to abide by the PPMLS Rules. Certain sections of these
Rules, including Section 16-STANDARDS OF CONDUCT FOR PPMLS
PARTICIPANTS, are mandated by the National Association of REALTORS®
(NAR). Participants who wish to file an Ethics Complaint are
referred to the Professional Standards Committee. However, upon
request, RSC may send a “courtesy notice” as a result of complaints
submitted as PPMLS Violations.
RSC has received a number of PPMLS violation complaints concerning
“sign crossing.” Listing brokers allege that their sellers are
receiving solicitations when the property has been placed in the
WITH-Temporarily Withdrawn listing status.
EXCERPTS FROM THE PPMLS RULES AND
Section 1.5. WITHDRAWAL OF LISTING
PRIOR TO EXPIRATION.
A listing may be temporarily withdrawn from
the PPMLS by the listing broker at any time before the expiration
date in the listing agreement provided a Change Notice Form is filed
with the RSC.
If the listing broker requests RSC to
temporarily withdraw the listing before the expiration date in the
listing agreement, then a copy of the agreement to withdraw the
listing signed by the seller and the listing broker must be
submitted. Withdrawal of a
listing from the PPMLS may or may not affect the validity of the
listing between the parties. It is incumbent upon
Participants to keep records and be able to verify any information
filed with the PPMLS. Other Participants must contact the listing
broker to verify the status of a listing shown as having been
Participants are not precluded from making
general announcements to prospects describing their services and the
terms of their availability even though some recipients may have
entered into agency agreements or other exclusive relationships with
another MLS Participant. A general telephone canvass, general
mailing, or distribution addressed to all prospects in a given
geographical area or in a given profession, business, club, or
organization, or other classification or group is deemed "general"
for purposes of this rule.
The following types of
solicitations are prohibited:
Telephone or personal solicitations of
property owners who have been identified by a real estate sign,
multiple listing compilation,
or other information service as having exclusively listed their
property with another Participant; and mail or other forms of
written solicitations of prospects whose properties are exclusively
listed with another Participant when such solicitations are not part
of a general mailing but are directed specifically to property
owners identified through
compilations of current listings, "for sale" or "for rent" signs, or
other sources of information intended to foster cooperation with
Participants, prior to entering into a
representation agreement, have an
affirmative obligation to make reasonable efforts to
determine whether the prospect is subject to a current, valid
exclusive agreement to provide the same type of real estate service.