As we move toward a provincial MLS® System, the MLS® Rules are changing on Monday, December 2, 2024. Based on feedback from Member Associations across the province, we are taking steps to modernize the MLS® Rules with a goal of unifying the Rules for all users of the PropTx MLS® System. Once the new rules take effect, they will apply to all listings placed on the MLS® System.
The Listing Brokerage is responsible for ensuring all information submitted to the MLS® System is accurate, including photographs, information, documentation, and other details. Any inaccuracies should be corrected or reported promptly.
Unifying the Rules: The new Rules unify and harmonize the requirements applicable to REALTORS® using the PropTx MLS® System across the province.
Clarifying and Guiding: The new Rules provide you with more clarity and ensure you and your clients have access to accurate, transparent, and timely data.
Important Changes:
- You are now required to update your listing the next business day instead of within two business days.
- The deadline to pay commission is seven (7) calendar days from the completion of the transaction instead of ten (10) calendar days.
- The responsibility for cancelling an appointment is extended from the Co-operating Brokerage to the Listing Brokerage.
- There are new specific requirements for individual fields, including:
- The public facing fields must only display comments concerning the property.
- The Broker Remarks field must only display comments which provide information that could impact Co-operating Brokerages.
- Once available, the Offer Remarks field must display all comments related to the preparation and registration of an Offer. The content of the Seller Direction Form is entered in this field and the Seller Direction Form must be signed.
What Else to Expect:
- Rule Numbers: The former MLS® Rules are no longer in use. This means you will need to familiarize yourself with the new numbering as many of the Rules were reorganized.
- Rule Categories: The Rules are newly categorized so you can easily determine how they apply to your Listing.
- Specific Examples: To help you better understand the expectations of the Rules, you can review examples of the Rules and how they apply to your Listing.
LSTAR's MLS® Team has developed the following guide to help you comply with the new rules when they come into effect on December 2.
What are the Guidelines for Uploading Images to Your MLS® Listing
First, obtain permission:
- By submitting Marketing Materials to the MLS® System the Member warrants the Association that they have permission to use such Marketing Material in that manner. Members shall only use Marketing Materials which they have created or purchased.
- It is not permitted to use another Member’s Marketing Material without written consent.
- It is mandatory for each MLS® listing to include at least one image of the listed property. However, if the property is not yet built, acceptable alternatives include:
- A photograph of a model home, provided it is clearly labeled as such
- A photograph of the land
- An artist’s rendering
- A map showing the location of the property
Showcase the Property:
- All images should focus on the property and its immediate surroundings relevant to the real estate listing. Accuracy is essential and mandatory.
Avoid Deceptive Modifications:
- No Digital Alterations: Do not alter images to add features or change details that are not present (e.g., adding landscaping or changing room colours).
- No Misleading Views: Avoid including images of amenities or views that are not visible from the property (e.g., a distant lake and sunset). This does not prevent a member from including language in the remarks regarding amenities or a landmark within proximity.
- No Advertising Content: Exclude any form of advertising (e.g., a for sale sign). Architectural drawings, floor plans, maps, and distance photos are acceptable if properly labeled.
- No People: Do not include images of individuals or digital representations of people.
- No Text on Images: Refrain from adding text or annotations to images (e.g., indicating room features or distances).
Aerial Photographs:
- It is permissible to have other amenities in the photograph, provided that the listed real estate component is included.
- It is permissible to outline the property boundary only, however no text or embellishments are permitted.
This is an example of a permitted embellishment on an aerial photo. | The arrow and "5 min walk to park" is not permitted. |
Not Permitted
For more information, refer to Article 5 – Advertising
What is the Minimum Listing Period?
It’s now a requirement with PropTx that a Listing Agreement shall run for no less than sixty days from the Commencement date as per Article 3 section 3.14.
Need to Suspend a Listing? Key MLS® Rules to Know
Previously, you could submit a reactivation date, and the listing would automatically return to active status. Now, if a listing is suspended, you must manually reactivate it when it’s ready to go back on the market.
Important guidelines to follow:
- When a listing is suspended, the MLS® sign on the property must be removed immediately (Article 5, Advertising 5.03).
- If the listing is suspended and unavailable for showings, inspections or registrations of offers, you must keep a record of all showing requests. Once the listing is reactivated, the Listing Brokerage must notify all Co-operating Brokerages who made showing requests. (Article 3, 3.16).
Lastly, remember to process any suspensions by 11:59 pm on the next Business day after the signature date.
Congratulations on the Sale of Your Listing! Remember These Key MLS® Reporting Requirements
MLS® trade reporting requirements have been a key compliance issue with LSTAR. To ensure you stay compliant with PropTx MLS® Rules, make sure to follow all the timelines and reporting obligations closely.
- NEW MLS® Rule: Any sale during the holdover period must be reported by 11:59 pm the next business day.
- NEW MLS® Rule: Before reporting a transaction, ensure all chattels or other elements included in the sale (but not listed in the original listing) are added to the “inclusions” field of the MLS® Listing.
- If your listing was marketed as both a residential and commercial listing, report the sale of both listing numbers.
- Report all trades, residential or commercial (conditional or firm) by 11:59 pm the next Business day.
- Reporting a firm sale is no longer tied to receipt of deposit but to signing the Notice of Fulfillment. If a Member wishes to report a trade after receiving the receipt of deposit, this must be included as a condition in the Agreement of Purchase and Sale.
For Commercial Listings:
A commercial sale, lease, or sublease price shall be reported:
- Using the original unit of measure of the MLS® Listing. For example, 123 Main Street was listed as $8.50 per square foot. The sale price must be reported per square foot.
- At the time of reporting a firm transaction; or
- At the same time as reporting a firm transaction, and request that the price be suppressed until after closing.
- Cancelling a MLS® Listing or encouraging a Seller(s) to do so does not exempt you from reporting obligations.
- Any changes in the status of conditional sales must also be reported by 11:59 pm the next Day following the change.
- If a sale falls through, or if a conditional offer does not become firm, report it by 11:59 the next business day.
For more information see Article 4 – Reporting Trades in the PropTx MLS® Rules
Friendly Reminder – Time Requirement for Activating a Listing
The previous MLS® PropTx Rules permitted that a listing be loaded on the MLS® System within two (2) business days following the commencement date. The new requirements now read:
- In all instances when an MLS® Listing Agreement Commences, the Listing Brokerage shall process the MLS® Listing through the MLS® System by 11:59 p.m. the next Business Day following the Commencement date of the MLS® Listing Agreement.
Providing Documentation Requested by LSTAR
The previous PropTx MLS® Rule allowed for a maximum of ten (10) days to provide any documentation requested by the Association that pertains to a MLS® listing.
Now the new PropTx MLS® Rules state that the Listing Brokerage shall forward any documentation pertaining to an MLS® Listing Agreement by 11:59 p.m. of the next Business day.
All Members must comply with any audit conducted by the Association. Brokerages are permitted to redact any remuneration information when documentation is requested pursuant to an audit.
Do You Have a Residential Listing with an Irregular Lot Size?
According to PropTx MLS® Rule 3.20, specific guidelines must be followed when submitting this information into the MLS® System. The frontage must be reported, along with the smaller dimension of the depth. Additionally, the lot shape must be identified as “irregular”.
Are you Wanting to Advertise Another Member’s Listing? Here’s What You Need to Know
Members, other than the Listing Brokerage, are not permitted to advertise an MLS® listing unless the MLS® Listing Agreement explicitly allows it and specific written permission has been obtained from the listing brokerage for each advertising occasion.
If the “Permission to Contact Listing Brokerage to Advertise” field is set to “Yes”, the salesperson must secure written permission. If set to “No”, the salesperson is neither allowed to advertise the listing nor request permission.
This is a mandatory field that must be completed when loading a listing.
For further information, please refer to Article 5 – Advertising
Virtual Tour Submission Guidelines
When entering Virtual Tours, it’s crucial to use the appropriate field for branded and unbranded content.
Currently, PropTx only supports an unbranded Virtual Tour field, but a branded Virtual Tour option is planned for future updates. Until then, all Virtual Tours must be correctly inputted. If a branded tour is mistakenly submitted into the unbranded field, it will be removed and reported to the Professional Standards Committee.
What qualifies as branding:
- The name of the listing REALTOR® or Brokerage, whether in:
- The webpage URL
- The username
- The soundtrack
- The name of the company that created the Virtual Tour.
This is not an exhaustive list, but any form of branding must be avoided in the unbranded field.
Showings – Be Aware of the Requirements
All requests for showings shall be confirmed without delay. If an appointment cannot be made for the requested time, the Listing Brokerage shall immediately advise the Co-operating Brokerage and continue to attempt to arrange a suitable time.
If a Member is unable to keep an appointment to show or inspect an MLS® Listing, they are obligated to immediately advise the Listing Brokerage prior to the appointment.
In instances when the Listing Brokerage is unable to keep an appointment to show or inspect an MLS® Listing, they are equally responsible to notify the Member who has the appointment, prior to the appointment.
The prospective Buyer and Seller need to be notified.
The Listing Brokerage MUST ensure that a Registrant accompanies a non-Registrant during the entire period of the showing in that agreed upon period unless otherwise agreed to in writing by the Seller.
For more details, refer to Article 6 – Showings and Appointments.