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· IMPORTANT: Follow-up to Automated Emails from FlexMLS   08/13/2024
· Compensation Email – Warning about Documents and Text Fields   08/12/2024
· New Columbus & Central Ohio Regional MLS Rules Go into Effect on Aug. 16   08/08/2024
· MLS Tip: PDFs in MLS – No Compensation Allowed   08/02/2024
· RESOLVED: Flexmls Connectivity Issue Identified   07/30/2024
· Compensation Fields: Removal from MLS – August 16   07/29/2024
· Updated Listing Agreement – Revision Date 7/2024   07/24/2024
· Updated Listing Agreement   07/12/2024
· Sold Non-MLS Questions? New Help on Add/Edit   06/28/2024
· RESOLVED: DOM Displayed in MLS – Bug Identified   06/25/2024
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IMPORTANT: Follow-up to Automated Emails from FlexMLS

On Monday, you may have received one or multiple emails from the Columbus & Central Ohio Regional MLS via our provider, FlexMLS. The timing of this message was incorrect and unfortunate, and we are aware the emails have caused some confusion.

Please accept our sincere apologies.

However, this should be a reminder that beginning this Friday, August 16, no mentions of compensation or commission in any form may be communicated through the Multiple Listing Service.

Our MLS staff will conduct a word search based on several key terms on August 16 and remove any references, including the deletion of the compensation fields inside the MLS.

So, you may ask, what’s your responsibility to remain compliant?

You, the agents, and the brokers are responsible for removing any references to compensation in agent-to-agent remarks or in documents uploaded to your listing.

Again, we apologize for any confusion the automated FlexMLS emails may have caused. Never hesitate to contact Columbus REALTORS® support for clarification.

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08/13/2024

Compensation Email – Warning about Documents and Text Fields

An email was sent to many agents that was intended as a reminder the upcoming deadline to remove compensation offers from the MLS prior to August 17, 2024. Unfortunately, the email did not specify the exact field/document that may contain the prohibited information.

Agents received the email if their listing met either of these criteria:

  1. You have a listing with an attached document
    • IF that document contains compensation information, it would need to be removed. 
  2. You have a listing with “compensation” or “commission” in A2A Remarks or Property Description fields

Reminder: Prior to August 17th:  Property Description and A2A remarks fields will need to have the words manually removed by the listing agent.  Any DOCUMENT attached to the listing that contains compensation information must be removed.

Automatic removal of compensation fields:

The compensation fields (ie Buyer Broker/Ten Rep, Sub agency, VRC, etc) will be automatically removed on Friday August 16th

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08/12/2024

New Columbus & Central Ohio Regional MLS Rules Go into Effect on Aug. 16

Beginning Friday, August 16, 2024, offers of compensation will be removed from the Columbus & Central Ohio Regional MLS, and written buyer agreements will become mandatory for all buyer’s agents. This will ensure that Columbus REALTORS® membership complies with the August 17 date of final implementation set in the proposed settlement terms with the National Association of REALTORS®.

1.) On August 16, offers of compensation will be prohibited on the MLS. Offers of compensation will continue to be an option consumers can pursue off-MLS through negotiation and consultation with real estate professionals. Offers of compensation help make homeownership and the benefits of professional representation more accessible to buyers, including first-time homebuyers, increase homeownership opportunities for historically underserved groups, and benefit sellers by expanding the potential buyer pool.  The Columbus & Central Ohio Regional MLS will remove the compensation fields from the MLS at 8:30 a.m. on August 16, 2024. At this time, compensation fields will be removed for all new listings. Over the next few hours, the compensation fields for all existing listings within the Columbus & Central Ohio Regional MLS will be removed. The process is expected to be completed by early afternoon on August 16.

An important reminder to all MLS subscribers is that offers of compensation should not be conveyed through the MLS in any other form, including broker remarks, document attachments, showing instructions, hyperlinks to external websites with offers of compensation, etc.   

Essential Forms & Educational Resources
Standard Clauses related to Columbus REALTORS® Residential Purchase Contract
Exclusive Right to Sell Listing Contract (Updated July 2024)
Annotation for Clause #2 of the Residential Listing Contract
Exclusive Right to Represent Buyer Form (Updated July 2024)
Non-Exclusive Right to Represent Buyer Form (Updated August 2024)
Buyer Broker Compensation Agreement (Updated August 2024)

Columbus REALTORS® members are encouraged to attend an all-member Zoom webinar on Thursday, August 15, at 2 p.m., during which upcoming changes and the most asked questions surrounding the changes outlined in the settlement will be discussed.

Register for the All-Member Webinar

Links to previous Columbus REALTORS® video content surrounding the NAR proposed settlement can be found below:
Video Podcast with Columbus REALTORS CEO Brent Swander
May 30, 2024 All-Member Webinar Archive

MLS Participants working with buyers are required to enter into written agreements with their buyers before touring a home. 

If the MLS Participant is working only as an agent or subagent of the seller, then the participant is not “working with the buyer.” In that scenario, an agreement is not required because the participant is performing work for the seller and not the buyer.  Authorized dual agents, on the other hand, work with the buyer (and the seller). The written agreement must include:
1.      A specific and conspicuous disclosure of the amount or rate of compensation the Participant will receive or how this amount will be determined, to the extent that the Participant will receive compensation from any source. 
2.      The amount of compensation in a manner that is objectively ascertainable and not open-ended.
3.      Language that prohibits the Participant from receiving compensation for brokerage services from any source that exceeds the amount or rate agreed to in the agreement with the buyer; and 
4.      A conspicuous statement that broker fees and commissions are not set by law and are fully negotiable.  

Failure to meet this requirement will result in the following:
1st Violation: $1000 fine. If failing to provide the MLS, upon request within two business days, documentation indicating that this requirement has been met, a $1000 fine will be assessed.
2nd Violation: $2500 fine. If failing to provide the MLS, upon request within two business days, documentation indicating that this requirement has been met, a $2500 fine will be assessed.
3rd Violation: $5000 fine. If failing to provide the MLS, upon request within two business days, documentation indicating that this requirement has been met, a $5000 fine is assessed. 
4th Violation: Repeat offenders will be reviewed by MLS leadership and may result in service suspension or additional fine assessments levied against both the agent and broker.  An ethics complaint by the Chair of the MLS Board of Directors may be filed.  (Effective 8/17/2024)

MLS Participants are prohibited from specifying any potential offers of compensation in the MLS, whether directly (such as in any field or uploaded document) or indirectly (such as link to showing scheduling services, etc.,). Any reference to compensation will be removed and a fine will be assessed.  

Violation of this policy will result in the following:
1st Violation: $1000 fine.  The offer of any compensation will be removed and fine assessed.
2nd Violation: $2500 fine. The offer of any compensation will be removed and fine assessed. 
3rd Violation: $5000 fine. The offer of any compensation will be removed and fine assessed.
4th Violation: Repeat offenders will be reviewed by MLS leadership and may result in service suspension or additional fine assessments levied against both the agent and broker.  An ethics complaint by the Chair of the MLS Board of Directors may be filed.  (Effective 8/17/2024)

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08/08/2024

MLS Tip: PDFs in MLS – No Compensation Allowed

Columbus & Central Ohio Regional MLS will remove all compensation-related fields on Friday, August 16.

Answer: No. Documents uploaded to a listing cannot contain compensation information. All public and private documents that contain compensation information must be deleted from all on-market listings prior to August 17, 2024.

    Read more about the settlement at NAR’s facts.realtor and Columbus REALTORS® website.

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      08/02/2024

      RESOLVED: Flexmls Connectivity Issue Identified

      Our MLS vendor has provided the below information regarding current issues in the MLS

      7/30/24 12:47pm: We’re investigating connectivity issues with Flexmls. This is resulting in pages not displaying for some users.

      7/30/24 2:37pm: It appears that the issues are either resolved or significantly improved. We are closely monitoring the situation and will provide further updates as soon as more information becomes available.

      7/30/24 4:15pm: This incident has been resolved.

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      07/30/2024

      Compensation Fields: Removal from MLS – August 16

      To ensure compliance within the Columbus & Central Ohio Regional MLS, Columbus REALTORS® is moving our implementation date to Friday, August 16.

      Two extremely important changes enforced due to the NAR settlement (additional NAR requirements here):

      • Require an MLS to eliminate all broker compensation fields and compensation information on an MLS.
        • All compensation-related fields will be removed completely from MLS. (August 16, 2024).
        • Fines will be assessed for any Compensation offer or discussion in any field in MLS including any text field or PDF uploaded in MLS.
        • External websites using an MLS feed (ie ShowingTime, Supra) cannot display compensation.
        • Brokerage websites may display compensation only for THEIR OWN LISTINGS.
        • All offers and discussion about compensation must occur OUTSIDE the MLS.
      • Require MLS Participants working with a buyer to enter into a written agreement with the buyer prior to touring a home.
        • Buyer’s Agreements may be requested by MLS staff for any property.
        • Fines will be assessed for any property toured without a signed Buyer’s Agreement.

      Read more about the settlement at NAR’s facts.realtor and Columbus REALTORS® website.

      What you need to know…

      • Our technical staff deemed this change of implentation date to August 16 necessary after consultation with our vendor, FBS (FlexMLS).
      • The compensation fields for all new listings in the MLS will be removed at 8:30 a.m. on Friday, August 16.
      • At that time, the process of removing compensation fields from all active listings within the MLS will begin.
      • This process will take multiple hours, meaning you may still see some listings with compensation listed while others may have that field removed through the morning.
      • It is anticipated that by the afternoon of Friday, August 16, all compensation will be removed from active and new listings within the Columbus & Central Ohio Regional MLS, thus making us compliant for the August 17 deadline.
      • Buy Brkr/Tenant Rep
      • BB/TR Amount
      • Compensation
      • BB/TR Amount Type
      • Compensation Type
      • Sub Agency
      • BB/TR Type
      • BB/TR Amount 1
      • SA Amount
      • SA Amount Type
      • VRC
      • Pre-2012 (Detail Section)
        • BuyBrkr/TR Pre-2012
        • Sub Agency Pre-2012
        • Compens. Pre-2012

      If you have any questions, please contact Columbus REALTORS at support@columbusrealtors.com or 614-475-4000. We thank you for your understanding and cooperation as we prepare our membership for these industry changes

      Read more about the settlement at NAR’s facts.realtor and Columbus REALTORS® website.

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      07/29/2024

      Updated Listing Agreement – Revision Date 7/2024

      The latest revision of the Exclusive Right to Sell Listing Contract (dated 7/2024) is now available in the Member Portal.

      Please note: The Listing Contract continues to be reviewed in light of the NAR Settlement. There may be additional updates over the coming weeks.

      To access the form (and future updates):

      • Login into your Member Portal (portal.columbusrealtors.com)
      • Click the Forms icon
      • Click Listing Contracts
      • Click Residential – Exclusive Right to Sell Listing Contract 

      Click here to directly download the new form.

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      07/24/2024

      Updated Listing Agreement

      The new Exclusive Right to Sell Listing Contract has been released. It is available now in the Member Portal.

      To access the form (and future updates):

      • Login into your Member Portal (portal.columbusrealtors.com)
      • Click the Forms icon
      • Click Listing Contracts
      • Click Residential – Exclusive Right to Sell Listing Contract 

      Click here to directly download the new form.

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      07/12/2024

      Sold Non-MLS Questions? New Help on Add/Edit

      What is Sold Non-MLS?
      Sold Non-MLS denotes a listing that was not listed by an agent in the Columbus and Central Ohio
      Regional MLS. That is, the buyer was represented by an agent, but the seller may have been FSBO, a
      non-MLS builder, or represented by an agent who is NOT an MLS member. The Sold Non-MLS field
      should only be selected in the situations listed above. Otherwise it should be set to NO.

      Who can enter a Sold Non-MLS listing?
      Currently, Sold Non-MLS listings can only be entered by Office Administrators and Broker-level
      logins. This may be changing in the coming months, but Sold Non-MLS listings can only be entered by
      Broker-level logins at this time.

      The MLS Entry Date help text was added on June 28, 2024:

      The Listing Member help text below will be added to the in early July 2024:

      Is this a Sold Non-MLS Listings? 
      ‘Non Member’ must be selected in the Listing Member field by a Broker or Office Admin. Agents will not see “Non Member” in this field. Click to view the full instructions for entry of a Sold Non-MLS listing or email mlscorrections@columbusrealtors.com.

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      06/28/2024

      RESOLVED: DOM Displayed in MLS – Bug Identified

      As of 3:40 pm June 28th it has been reported that this issue is resolved.

      A new Days on Market bug is being investigated in the MLS. It appears to predominantly affect Coming Soon listings that have converted to Active status. The calculation for DOM and CDOM is not correctly removing all of the “off market days”. This may be causing an inflated DOM and CDOM value to be displayed.

      Our MLS Vendor, FBS (Flexmls), has been made aware. They are currently working to resolve this DOM issue. No ETA has been provided at this time.

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      06/25/2024