Please note: this article is a snapshot of a message that was posted on the MLS system at some point within the last year. Things evolve rapidly in our industry, and the information in this article may have changed since it was first published. Compliance Corner articles are not updated after they are published, even if the information contained within has changed.
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Compliance Corner #58
June 30, 2022
Have any of your buyer clients expressed concern about photos still appearing online for the property they recently purchased? Not sure what to do about it? As always, we're here to help!
The Problem
We have recently experienced an increase in the number of agents reaching out with concerns about photos appearing online after a property was marked Closed (or Expired or Canceled) and want to provide some clarification on the MLS’s policy regarding photos (and other data) on permanently off market listings. We do not allow any photos, supplements or property information to be altered or removed from a listing once it enters a final off market status (Closed, Canceled or Expired) since, at that point, it is all considered historical data. It helps provide an accurate portrayal of the property at that moment in time. Changing any of it misrepresents the property to anyone who may need it in the future.
Photos, in particular, are a vital component of CMAs and comparing properties. They can be used to track structural and cosmetic improvements that your client may not have even known about or may be interested in investing in to add value before listing the property.
The Solution
Once the property is in a permanently off market status, IDX website (Brokers and Agent websites, including Zillow) are only permitted to display the primary picture.
Some Agents try to circumvent this policy by deleting all the photos from their listing before marking it closed. This is strictly forbidden per SmartMLS Rules and Regulations and constitutes a finable offense:
Attachment C – Media Submission Policy | Photos
Photos submitted may not be removed from the Service, except for (1) replacing photos to reflect a change in the seasons, (2) reflecting improvements to the home: or (3) substituting a higher quality photo of the same image. While secondary photos may not be removed from the Service, to address privacy concerns, as of June 9, 2021, secondary photos of off market listings will no longer be authorized to be displayed on IDX sites. Removal of photos shall result in a $250 fine and the photos restored to the listing. Cloning/copying of any photo by a different brokerage firm is strictly prohibited
Third party websites (like realtor.com) can continue to show the pictures. We can politely get in touch with them and ask if they can remove images for a specific listing if requested by the selling agent (We will not talk with the new homeowner).
Additionally, a new homeowner can claim their home on REALTOR.COM and try to get the images removed on their own:
Go to realtor.com/myhome, enter your address and click Claim Your Home on your home’s profile page.
- Log into your Realtor.com profile at realtor.com.
- Go to your owner dashboard under the My Home tab.
- Click the Remove Photos button.
For assistance claiming your home, please contact support at support.realtor.com/s/contactsupport.
Click here for more detailed information on SmartMLS’s policy regarding photos on permanently off market listings.
Have additional questions about listing syndication? You can email RETS@smartmls.com for more assistance.
The Compliance Team values your opinions, comments and suggestions!!!
Never hesitate to contact us at compliance@smartmls.com or 203-750-6000!
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