Important changes to MLS® Rules & Policies

The Board of Directors recently approved the following changes to the MLS® Rules and Regulations and MLS® Policies:

  1. MLS® Rules and Regulations, Section 2, Sub-section 2.15 regarding “no offers until” was amended so that OREA form 244 “Seller’s Direction re: Property/Offers” should be used to document the Seller’s instructions for “no offers until”.  Section 2.15 now reads:      2.15 If an MLS® listing indicates that offers are not to be presented for a period of time, the listing brokerage shall complete, as part of the listing, the seller’s written direction on  the OREA form  “Seller’s Direction re: Property/Offers and disclose all particulars of such direction in the “Remarks” field of the MLS® listing. Should the seller rescind a restriction pertaining to the presentation of offers, the Listing Brokerage shall immediately, and with reasonable notice to all parties:(a) complete, as part of the MLS® listing, the Seller’s written direction on the Association’s form entitled “Amendment to Listing Agreement” and make the necessary changes to the “Remarks” field for such MLS® listing; and

    (b) if the listing brokerage is representing the Seller in the negotiation of offers, notify by telephone, all Co-operating Brokerages, who requested and/or registered offer presentations, that such restriction is removed and arrange for the presentation of all offers to the Seller, without delay.

  2. MLS® Rules and Regulations, Section 12 – 12.01 Trading Procedures was amended by the deletion of sub-section 12.01 regarding deposits.  The section that was deleted was:   Section 12 – Trading Procedures12.01     In all cases, Brokerages shall make every attempt to obtain adequate deposits. Such deposits shall be made out in the name of the Listing Brokerage, unless otherwise directed by their client, and turned over to the Listing Brokerage, or as otherwise directed by such client, together with a copy of the Agreement of Purchase and Sale or other agreement evidencing the trade in real estate. When the deposit is held by the Co-operating Brokerage, they shall disburse funds in accordance with written directions of the Listing Brokerage or the Seller, as applicable.
  3. MLS® Policies – RAHB Members Open House was amended by the deletion of Policy #5 regarding a change of open house hours on a day of a RAHB membership meeting.  The section that was deleted was:      5.    If there is a general membership meeting of the association on the scheduled open house date, the open house will be held from 11:00 a.m. To 1:00 p.m.

These changes are effective immediately. The RAHB MLS® Rules and Regulations and MLS® policies are posted in REALTOR Link®.

“Coming Soon” to MLS®?

Q. Can you put up your sign with a “Coming Soon” sticker when you’ve had a listing agreement signed, but the listing isn’t really in effect yet?

A. The short answer is “no”, you cannot use a “Coming Soon” sticker on an MLS® sign. RAHB’s MLS® Rules and Regulations specifically prohibit placing a sign of any sort on a property until the commencement date of the listing:

Article 10
10.05 No marketing of any property, including placing a sign on any property, is permitted until the commencement date of the Listing Agreement pertaining to such property.

If you can’t place a sign, you cannot place a “coming soon” sticker – it’s still an advertisement of a property which hasn’t actually come into effect yet.

Q. Are there any circumstances under which you could use a “Coming Soon” sign or sticker?

A. RECO has issued guidelines about what is required if you use a “Coming Soon” sticker or sign, but notes that if your association has a rules against using “Coming Soon” you have to abide by those rules.

You should note, however, that RAHB’s MLS® rules apply to MLS® listings. They do not apply to exclusive listings. If you have an exclusive listing that is “coming soon” and your sign meets all of RECO’s requirements, then you may use “Coming Soon”.

 

If you have any questions about the rules surrounding “Coming Soon” signs or stickers, please contact Angela at 905.529.8101 or angelam@rahb.ca.

RAHB dues deadline September 30, 2016

The quarterly RAHB dues have been billed and e-mailed to you as part of your August monthly invoice.  Please note that dues are payable no later than September 30, 2016.

Dues

Acceptable methods of Payment are:
In Person: Visa, MasterCard, Interac, cash or cheque
By Phone: Visa or MasterCard
Online through Fusion: Visa, MasterCard or AMEX
Online: CIBC/PC Financial, Royal Bank, Scotia Bank, TD Canada Trust – for assistance in set-up, please contact Karin at 905.529.8101 x258.

Pre-Authorized payment subscribers will be processed on Wednesday September 21, 2016.

*To meet the Senior Membership criteria, you must be 65 years of age and a 25-year RAHB member.  If you meet the criteria, please contact Camryn in the Membership Department with proof of age (e.g. driver’s license) – camrynh@rahb.ca or by fax to 905.529.4349.

A reminder about notifying RAHB of terminations in your office
Brokerages are responsible for notifying RAHB when members in their office resign or otherwise leave. Notice must be received by RAHB within seven business days of the member leaving. If notice is delayed beyond the seven business days, the Brokerage will be assessed a penalty of $50 per incident. (RAHB Bylaw, Article 4, Section 1.02.)

Milestones — Retirement

The Association would like to recognize members who have recently retired after achieving 40+ years of consecutive membership.   If you know of a member who has achieved 40+ years and has recently retired, please contact Camryn in Membership at camrynh@rahb.ca or 905.529.8101 X251.

Congratulations to Erna Willem (Royal LePage State Realty Inc.) on her recent retirement!

Mike Cusano at the helm

Mike CusanoCongratulations to Mike Cusano (RE/MAX Escarpment Realty Inc.) on his election as Chair of the RECO Board of Directors!

Mike is a former RAHB president (2007), and has served on numerous RAHB committees and task forces.  He was presented with the RAHB Award of Merit in 2011 for his contributions to RAHB and organized real estate.

Mike served two terms as provincial director from Southern Ontario for the Ontario Real Estate Association and is currently serving his second term on the RECO Board of Directors.  He was elected to the position of Chair in June, 2016.

Read more about Mike at http://bit.ly/28LSqEI.

From the Board table

The RAHB Board of Directors met on May 19, and here’s what transpired:

  • The Governance and Bylaw Committee will review the policy for and distribution of Board minutes, and the procedures for dues collection
  • The MLS® Committee is investigating and beta testing the Trendli product
  • The proceeds from the Charity Golf Tournament will be allocated to the Karan Barker Scholarship Fund
  • The Board approved a number of Bylaw revisions which will be referred to the RAHB membership for consideration at the next membership meeting

What’s coming up at RAHB

Computer

Held at RAHB – 505 York Blvd. – Lower Level
C – Chambers Room           M – McCullough Room

  • New Member Computer Training Level 1
    Thursday, June 2: C, 9 a.m. – 11:30 a.m.
    Thursday, June 9: C, 1 p.m. – 3: 30 p.m..
    Thursday, June 16: C, 9 a.m. – 11:30 a.m.
    Wednesday, June 22: C, 9 a.m. – 11: 30 a.m.
  • Matrix Hands-on Training
    Tuesday, June 7: M – 9:30 a.m. – 11:30 a.m.

Professional Development     *New

  • Protect Yourself! Self-Defense for the
    Real Estate Professional*
    Friday, June 10: M, 9:30 a.m. – 10:30 a.m.
  • Social Media for Agents*
    Monday, June 13: M, 9 a.m. – Noon
  • ERIS – Separate Yourself from the
    Competition with an Environmental Report*
    Wednesday, June 15: M, 10 a.m. – 11:30 a.m.
  • Secrets of ALL Types of Investments
    (You don’t have to be rich to retire early)*
    Monday, June 20: M, 10 a.m. – Noon
  • Master LinkedIn Bootcamp
    Wednesday, July 27: M, 9 a.m. – Noon
  • Master Facebook Bootcamp
    Wednesday, July 27: M, 1 p.m. – 4 p.m.
  • Staging Sells
    Wednesday, August 24: M – 10 a.m. – Noon

 

Certification and Designation Courses

  • Principles of Property Management
    Tuesday to Thursday, July 5 to 7: M,
    8:30 a.m. – 4:30 p.m.
  • e-PRO® Day 1*
    Thursday, August 18: M, 8:30 a.m. – 4:30 p.m.
    (Note: Day 2 is completed online)

 

Board of Directors, Committee and
Task Force Meetings

Held at RAHB – 505 York Blvd. – First Floor
T – Thompson Room           P – Purnell Room

  • MLS® Committee
    Thursday, June 9: T – 9:30 a.m.
  • Government Relations
    Tuesday, June 28: T – 9:30 a.m.
  • Charity Auction
    Wednesday, June 29: T – 1 p.m.


Upcoming Events

  • Annual Charity Golf Tournament
    Thursday, June 23, 2016
    Copetown Woods Golf Club
    1430 Concession 2 West., Copetown
    Registration: 11 a.m.


Office Closure

The RAHB office will be closed
Friday, July 1 – Canada Day

Advertising sold properties – what you need to know before you advertise a sold property

The following article was written by RECO and published in a Registrar’s Bulletin dated April 17, 2015.  This article is reprinted with permission.

After months of searching for the perfect home, Anna and Mark† finally found it. They were delighted with their new home and with the service of their real estate salesperson. A few weeks later, Anna and Mark learned that their new home had been highlighted in a large advertisement published in a national newspaper. The advertisement contained private information from their agreement of purchase and sale including the price they paid, terms, address and other particulars of their new property.

At no time had Anna and Mark provided their consent to advertise any information about the purchase of their new home with the public. Furthermore, during their search for a home, they had been assured on a number of occasions about privacy laws that protect their privacy. Anna filed a complaint with RECO.

Upon learning about the complaint, the salesperson who represented the seller, and who had placed the advertisement in question, contacted Anna to apologize and took full responsibility.

RECO conducted a thorough investigation. A Discipline Panel determined that the seller’s real estate salesperson was in violation of several sections of the Code of Ethics under REBBA 2002 including:

36.(8) A registrant shall not include anything in an advertisement that could reasonably be used to identify specific real estate unless the owner of the real estate has consented in writing.

36.(9) A registrant shall not include anything in an advertisement that could reasonably be used to determine any of the contents of an agreement that deals with the conveyance of an interest in real estate, including any provision of the agreement relating to the price, unless the parties to the agreement have consented in writing.

The salesperson was ordered to pay a penalty of $8,000.

When advertising that a property is sold, you may not include anything (such as an image or text) that could reasonably be used to:

  • Identify any party to the transaction, unless they have consented in writing S.36.(7)
  • Identify the specific property, unless the owner of the real estate has consented in writing S.36.(8)
  • Determine any of the contents of an agreement relating to the transaction including any provision that relates to the price (e.g., % of list price) or terms, unless the parties to the agreement have consented in writing S.36.(9)

Determining whose written consent to seek ‐ the buyer, seller or both ‐ depends on:

  1. When the advertisement is distributed (before versus after the transaction has completed).
  2. Who is placing the advertisement (the buyer’s brokerage or the seller’s brokerage).

Remember, if you need to contact a party that was represented by another brokerage, communication must go through that other brokerage, unless you first obtain that brokerage’s written consent to contact the party directly. S.7. Code

If the advertising will appear before the transaction is completed:

Chart1

If the advertising will appear after the transaction is completed:

Chart2

Please see RECO’s Advertising Guidelines and Advertising Checklist for more information.

† The information provided in this article is based on an actual discipline hearing that was dealt with by RECO. Anna and Mark are fictitious names used to protect the identity of the complainants. You can review this and other RECO discipline decisions by visiting the Complaints and Enforcement section of RECO’s website.

RAHB dues deadline June 30, 2016

The quarterly RAHB dues have been billed and e-mailed to you as part of your May monthly invoice. Please note that dues are due and payable no later
than June 30, 2016
.

Dues


Acceptable methods of Payment are:

In person: Visa, MasterCard, Interac, cash or cheque

By phone: Visa or MasterCard

Online via Fusion: Visa, MasterCard or AMEX

Online: CIBC/PC Financial, Royal Bank, Scotia Bank, TD Canada Trust – for assistance in set-up, please contact Karin at 905.529.8101 x 258.

Pre-Authorized payment subscribers will be processed on
Tuesday June 21, 2016.

*To meet the Senior Membership criteria, you must be 65 years of age and have been a RAHB member for at least 25 years.  If you meet the criteria, please contact Camryn in the Membership Department with proof of age (e.g. driver’s license) – camrynh@rahb.ca or by fax to 905.529.4349.

A reminder about notifying RAHB of terminations in your office
Brokerages are responsible for notifying RAHB when members in their office resign or otherwise leave.  Notice must be received by RAHB within seven business days of the member leaving.  If notice is delayed beyond the seven business days, the Brokerage will be assessed a penalty of $50 per incident. (RAHB Bylaw, Article 4, Section 1.02.)

From the Board Table

The Board of Directors met on April 7,  and here’s what transpired:

  • It was decided that a task force be established to examine strategic options for RAHB over a 2-5+ year time frame. The composition will be determined by the President and CEO.
  • The recent vacancy created by the resignation of Peter Holgate will be left vacant until the regular election meeting in the fall, given the vacant term is only eight months in length.
  • The work plans for the Finance Committee and the Governance & Bylaw Committee were approved.
  • The 2016 Audit Committee was selected.
  • The Board considered changes to the members-only Facebook group and decided to support the status quo with staff monitoring.

Package deal to Commercial Forum and REALTOR® Quest

The CREA Canadian Commercial Forum and TREB’s REALTOR® Quest are happening all under one roof this year, and RAHB’s Regional Commercial Network has arranged a package deal for any member to attend on Thursday, May 5.  The package includes:

  • coach transportation (from RAHB and back)
  • admission to REALTOR® Quest
  • all sessions
  • continental breakfast
  • lunch
  • Forum’s wine and cheese reception

Full details are on the registration form. Seats are being sold “first come, first served”.  Register now!  Note: if we don’t have enough members registered for this package deal by April 22, the trip may be cancelled.

RAHB Director resigns

PetercropRAHB Director Peter Holgate (Chase Realty Inc.), who was serving the second year of a two-year term, recently resigned from the RAHB Board of Directors.

The RAHB Directors and members thank Peter for his service and wish him well in his future endeavours.