CMLS Opposes NAR Policy on Requiring MLS Photo

Submitted by:  Bob Bemis, Arizona Regional MLS and Kathy Condon, MLS Property Information Network, Inc.

CMLS has taken a position opposing recent interpretations of the MLS Model Rules by NAR Staff.  These interpretations would prohibit MLSs from adopting rules requiring (a) that a photo accompany every residential listing submitted to the MLS, and (b) that mandatory disclosures accompany listings and be posted in the MLS.

The NAR based its opinion on the following statement of Multiple Listing Policy 7.35 (p. 18 of 2010 Handbook) states:

“The National Association recommends to its associations and their multiple listing services that the information included in any MLS compilation should be limited to information related to the sale of listed property which is objective and capable of being verified by any interested party. The MLS information should not include any subjective impressions or opinions that could be misunderstood or misconstrued.”

NAR Staff did not believe that a photo was an objective data element of a listing.

CMLS understands that NAR policy implies reasonable limits on the information that the MLS can require listing brokers to disclose: For example, the information the MLS seeks should be related to facilitating the purposes of MLS including cooperation, compensation, valuation, etc. An MLS requirement to provide photos and legally-required disclosures on the MLS system does not, by itself, relate to these concerns.

CMLS does not believe that NAR policy is intended to restrict local MLSs from requiring submission of property information such as photos or disclosures.  The CMLS Board believes that an individual MLS should be allowed, at its option, to require a listing broker to submit to MLS any non-confidential information relating to the property that is reasonably available to the listing broker, including:

· One or more photos, including an exterior front-elevation photo; and

· Any documentation required by law to be provided by seller or listing broker to prospective buyers at or before the time of showing.

Therefore, CMLS has requested that the NAR Multiple Listing Issues and Policy Committee issue a policy clarifying that an individual MLS can, at its option, require a listing broker to submit to MLS any non-confidential information relating to the property reasonably available to the listing broker.

You can read the entire letter from CMLS president Melanie Blakeney to Mike Jewell, Chair of the MLSIP Committee posted on the CMLS site here.

We urge you to talk with your representatives who serve on this committee and solicit their support for the CMLS position.  With your help, we can change this policy interpretation and allow mandatory photos with listings and legally required disclosures at the local option of each MLS.

A special thanks to Larson/Sobotka, PLLC for their help in composing the letter to the MLSIP Committee