It has been brought to RAHB’s attention that listings are being posted on RAHB’s Matrix system which include disclaimers that are in violation of CREA’s, RAHB’s and ITSO’s Rules and Regulations. The wording in these disclaimers has been found to be in violation of these rules states the Listing Brokerage or Salesperson is not responsible for the accuracy of the listing information, and that the Cooperating Brokerage/Salesperson or Buyer are required to verify the information. This includes statements in Schedules which are part of the listing.
Statements of this nature have been reviewed by legal counsel and are in violation of CREA, RAHB and ITSO Rules and Regulations:
CREA’s By-Laws and Rules Section 11.3.2: Interpretations of the Three Pillars of the MLS® Mark:
The listing REALTOR® member is responsible and accountable for the accuracy of information submitted to a Board/Association for inclusion in the Board’s MLS® System, and the Board/Association is responsible for ensuring that the data submitted to it meets reasonable standards of quality.
RAHB Rules and Regulations Section 1 MLS® Sub-section 1.03 Acceptance of Listings (c), (ii):
The Listing REALTOR®/Listing Brokerage is responsible and accountable for the accuracy of information submitted to the Association for inclusion in the Association’s MLS® System, and the Association is responsible for ensuring that the data submitted to it meets reasonable standards of quality.
Section 1 MLS® Sub-section 1.04 Responsibilities/Penalties (c), (i):
The Listing Brokerage and the Listing REALTOR® are responsible for the accuracy and correctness of an MLS® Listing and for submitting the Listing Agreement to the Association as requested. The Listing Brokerage and the Listing REALTOR® are required to ensure that all information in the MLS® Listing provided to the Association, including, but not limited to, the District/Neighbourhood Code, Address (street and municipality), Property Type and the Tax Roll Number, is accurate and correct. All Listings shall comply with the REALTOR® Code, the Act, the Bylaws of the Association, these Rules, and any other rule or regulation or policy of the Association.
Section 1 MLS® Listings Section 2, Sub-section 2.05:
2.05 The Listing Brokerage and Listing REALTOR® are responsible for the accuracy of all information submitted by the Listing Brokerage to the Association’s MLS® System, whether Board Loaded or Broker Loaded.
Additionally, as per the RAHB/ITSO datashare agreement, listings must be in compliance with the MLS® rules, regulations and policies of both parties; otherwise listings which are not in compliance will be flagged for exclusion from the datashare if they are not corrected. This flag will exclude the listing from the datashare and therefore will not be able to viewed by ITSO members and their clients..
The following is from ITSO’s Rules and Regulations Article 2 – Listing Procedures, 2.03, Sub-section (b):
The Listing Brokerage is responsible and accountable for the accuracy of information submitted to the Association for inclusion in the MLS® System database (see Section 2.10 below). The Association is responsible for ensuring that the data submitted to it meets reasonable standards of quality.
And Article 2 – Listing Procedures, 2.07, Sub-section (f):
In addition to the provisions of Sections 2.02, 2.03, 2.04, and 2.05 above and without limiting the generality of the other provisions contained in these MLS® Rules, a Listing shall not be accepted by the Association as an MLS® Listing if:
it includes disclaimers of responsibility by the Listing Brokerage or the Seller for the accuracy or completeness of the information on the MLS® Listing, or any requirement for Members or Co-operating Brokerages or Buyers to verify the information; and/or Regional MLS® Rules (Cont’d) Page 10 of 25 Approved – October 30, 2015 (g) it includes any instruction from a Seller that would relieve the Listing Brokerage or any other Brokerage of any obligation under these MLS® Rules.
The Listing Brokerage must take responsibility for the accuracy of all the listing data that is uploaded onto the MLS® system; and cannot shift the onus to the Cooperating Brokerage, Salesperson or Buyer to verify the listing data displaying on the MLS® system.
Should you have a listing(s) which contains any disclaimers regarding responsibility, liability, or accuracy (Including disclaimers recommending that the Cooperating Brokerage, Salesperson or Buyer must verify the data uploaded on the MLS® System), you are required to remove the disclaimer immediately.
If you have any questions, please contact the MLS® Help Desk at 905.667.4650 or e-mail firstname.lastname@example.org.