by Karen Kage, Chief Executive Officer

Over the last few months, we’ve responded to numerous questions surrounding the various types of listings being published in the MLS. As you may know, the disclosure of Listing Type became mandatory for all listings being submitted to the MLS last year.

The most frequently asked question we receive is: “What if the seller has agreed to schedule their own appointments, but the agreement is an “Exclusive Right to Sell”?”

Any reference to Exclusive Right to Sell (ERTS) in the MLS also means that the listing is a Full Service listing. Initially, when Listing Type was implemented, we labeled the “Exclusive Right to Sell” type as “Full Service”. This title caused some confusion among Subscribers, so we attempted to clarify the title by modifying it to read: “Exclusive Right to Sell (Full Service)”.

In order for you to designate a listing as this particular type, both conditions must apply. Therefore, if the seller is scheduling their own appointments or performing other duties normally associated with those that fall under the “full service” umbrella, that listing must be designated as “Limited Service” — even if the contract is an Exclusive Right to Sell Agreement.

Another frequently asked question is: “Why is Realcomp accepting these listings?”

The first reason is that the National Association of REALTORS® requires MLSs to accept all listing types (i.e. Exclusive Right to Sell (Full Service), Exclusive Agency, Limited Service, and MLS Entry Only). However, MLSs have the option of requiring that the Listing Type be clearly identified. So, we implemented mandatory disclosure for everyone’s benefit.

In addition, Realcomp has been advised from more than one legal counsel to accept and include these listings. The agreement for services is between the seller and listing broker and the agreement is valid regardless of the level of these services. However, all cooperating brokers should be aware of the extent of the services the listing broker will provide to the seller and any potential for cooperating brokers being asked to provide some or all of these services prior to initiating efforts to show or sell the property.

We will continue to carefully monitor this controversial and sometimes confusing topic. I encourage you to continue sharing your thoughts and concerns regarding this important issue. I can be reached by phone at 248-699-9120 or by e-mail.