Flyers Using Other Brokerage’s Sold Comparables

Prior to using other brokerage’s “Sold” listings data you must know whether the other brokerage has “opted out” from permitting you to use their data.  To research this you must:

Run a search I the MLS for the listings and while viewing a spreadsheet view customize the view and add the “Printed Neighborhood Rpt” field to the spreadsheet. Then you can sort and see which sated “Yes”. Any listing that states “Yes” can be used without written approval from the listing agent/broker.

Also, you need to make sure that the fields presented in the flyer meet these requirements:

12.8.1 Advertising of Listing in Printed Neighborhood Market Report. Subject to the conditions set forth in (a) through (c) below, as well as throughout these Rules, Participants and Subscribers may include the listings of others in their printed “Neighborhood Market Reports.” The “Neighborhood Market Report” is defined as an advertising and/or information sheet (typically appearing in the form of a postcard, flier or newsletter) compiled by and/or for use by a licensee which sets forth a list of home activity in a particular neighborhood area. Advertising appearing in newspapers, magazines or other classified forms is not included in the definition of “Neighborhood Market Report” and is not authorized by this Rule 12.8.1.

(a) Consent. A listing broker may refuse to permit others to advertise his listing in the “Neighborhood Market Report” (i.e. “opts-out”) on a listing by listing basis. Participants and Subscribers are not permitted to include listings in their Neighborhood Market Report from which listing broker has opted out and will be responsible for verifying that they have permission to advertise all listings contained in their Neighborhood Market Reports. Nothing in this section shall preclude a Participant or Subscriber from including Sold Properties in their Neighborhood Market Report even if the listing broker has “opted out” (reference Rule 12.7).

(b) Allowable Listing Content. Broker Participants and R.E. Subscribers may include only those portions of the MLS compilation consisting of the following: property address (and whether attached or detached), status, price, number of bedrooms, number of bathrooms, number of garages (and whether attached or detached), square footage, lot size, year built, tract or development name, and if there’s a pool. Display of other fields, as well as confidential information and photographs, is prohibited.

(c) Each “Neighborhood Market Report” shall include the following disclaimer:

Based on information from the ___________________ /Association of REALTORS® (alternatively, from the ____________________ MLS) as of _____ (date the AOR/MLS data was obtained). All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information.

The following is from the CCAR MLS Rules however they are used in the MLS in our region.

FOR INFORMATION CONTACT YOUR LOCAL MLS.