Rule 2.03(b)
MLS® Listings – Additional Requirements
Active properties listed on the Board’s MLS® System shall be available for showings within 24 hours of a request being made to view it, with the following exceptions:
iii. Commercial properties which are not subject to this Rule 2.03.b
RELAXATION
There will be no requirement to show within the 24-hour period provided there are reasons from the Seller related to COVID 19.
WHY?
To provide the opportunity for Listing Agents and their clients time, between showings, to prepare their home for the next showing. This allows for peace of mind and a stress-free listing experience. The property also remains active on the Associations MLS® system.
WHAT TO DO
Get clear communication from the Seller, in writing, that the reasons stated are clearly linked to COVID- 19. Keep a copy of the written communication in the Brokerage file should there be an audit request from RAE.
Sample Scenarios
Scenario #1 COMPLIES
Listing agent has a property listed as active. Buyers Agent requests a showing and Listing Agent states that the property is not available to show for another 3 days as the Seller is in self-isolation from being exposed to COVID 19. Buyer’s Agent may either set up the showing in 3 days or decline showing the property after getting instructions from their client.
Scenario #2 COMPLIES
Listing agent has stated in the private remarks, “please allow 24-48 hours for all showings to allow time to sanitize the home in between showings due to COVID 19” and has written instructions from their Seller.
Scenario #3 DOES NOT COMPLY
Buyers agent calls Listing Agent to set up a showing active on Paragon. Listing Agent advises that it is not available for the next 3 days as the Seller is out of town.
Rules 3.01, 3.02, 3.05
Restrictions of Property Showings
Rule 3.01 – “Restrictions of property showings included, but not limited to properties reported pending, are permitted at the request of the seller. Remarks which restrict the showing of a property are in all cases to be placed in the private remarks.”
Rule 3.02 – “Instructions related to the restrictions of property showings can be acknowledged by the seller in one of two ways:
a. An amendment to the listing contract signed by the seller or
b. The listing input sheet containing the instructions signed by the seller (not applicable to pendings).”
Rule 3.05 – “On withdrawn listings, a maximum time frame of ten (10) Calendar Days will be allowed. After ten (10) Calendar Days, it will be changed back to active and the Listing Brokerage will be notified. The Principal Broker Member and Seller will have to sign the initial amendment.
RELAXATION
A client would like to place restrictions on showings to accommodate issues that arise because of Coronavirus. The 10-business day rule will be extended to 30 days. The listing will not be withdrawn for this period of time.
WHY?
To allow the client continual exposure on the Associations MLS® system without having to temporarily withdraw the listing.
WHAT TO DO?
Simply place comments in the private remarks section only, explaining that the no showings are due to the COVID-19 concern. Instructions via email from the Seller explaining the circumstances are to be forwarded to the MLS®Help Desk to keep on file. If the Seller wants the listing withdrawn then that needs to be stipulated in the written instructions and forwarded to the MLS®Help Desk. The listing will be withdrawn for a period of 30 days instead of the 10 calendar days.
Sample Scenarios:
Scenario #1 COMPLIES
Seller has been exposed to COVID-19 and is required to self-isolate for 14 days. The Seller sends an email message to their Listing Agent advising of such and wants the listing to remain active. Listing Agent then places the no showings due to COVID-19 concern in their private remarks and forwards email instructions to the MLS®HelpDesk. Listing remains active.
Scenario #2 COMPLIES
Seller has taken in their elderly mother from her long term facility in hopes of protecting her from COVID-19. This is a temporary measure in order to reduce the risk of exposure to their mother. Seller has requested that the listing be withdrawn via email for the maximum period of time of 30 days. Listing gets withdrawn.
Scenario #3 DOES NOT COMPLY
Seller would like to temporarily restrict showings as they have had a flood in their basement.
Rules 7.02(a)(b)
Making and Keeping Appointments
All appointments must be made through the Seller’s Representative or their associate, except where otherwise indicated on the MLS® System.
a. When a Buyer’s Representative is unable to keep an appointment, (s)he shall advise the Seller’s Representative immediately. If, upon arrival, the Buyer(s) changes their mind about viewing the property, the Buyer’s Representative must notify the Seller’s Representative immediately.
b. If the Seller’s Representative has been advised by the Seller or tenant that there has been a change to a scheduled appointment, the Seller’s Representative shall notify the Buyer’s Representative immediately.
While there is not a relaxation to this rule, it was included to let our Members know that despite COVID-19, there is still an obligation of Listing agents and Buyers agents to contact one another and inform them of any cancellation to a showing whether it is related to COVID-19 or not.
Failure to follow this rule, could result in a Fast Track complaint against either side, and a potential $250 fine for a first offense.
Sample Scenarios:
Scenario #1
Buyers agent is getting ready to take clients out to show 5 properties with booked appointments through Showing Time. 15 minutes prior to them meeting, the buyer texts agent and advises that they just got home from a COVID-19 test and currently waiting for results. Buyers agent must contact all 5 Listing agents to cancel the scheduled showings.
Scenario #2
Sellers have agreed to showing their home at 4:30 p.m. to perspective buyers. The seller’s daughter comes home from school as there has been a COVID-19 outbreak in the school. To risk the limit of potential exposure the seller contacts their Listing agent to cancel the showing. Listing agent contacts the buyer’s agent to reschedule for the following week.
Scenario #3
Buyers agent books an appointment to show a property to clients. The property is vacant but showings were to be scheduled through the listing agent. Buyers agent and their clients pull up to property and client changed their mind and do not want to view. Buyers agent must notify Listing agent of cancellation.