CRMLS Rule 12.5 addresses misuse of the Public Remarks or Property Description Field in the MLS. The rule explains that verbiage in this field should only relate to the description, features, and condition of the property and related amenities. The rule also prohibits ffensive/discriminatory language or content that raises safety concerns.
While we have tried to include as many answers as possible in this guide, we can’t cover all possibilities or scenarios. If you have doubts or concerns about what you are putting in your listing, you can always contact CRMLS support to check on the acceptability of the content.
MISUSE OF PUBLIC REMARKS
Information in the Public Remarks shall only relate to the description, features, and condition of the property and related amenities. The following types of information may not be included in the Public Remarks:
- Contact information of any kind
- Branded content (as defined in Rule 11.5(e))
- Links to external websites of any kind, including but not limited to agent or broker sites, video tours, virtual showing or open house tools, vendor sites, or offer submission/application/auction platforms
- Showing instructions or open house information
- Information regarding lockboxes, alarms, gate codes, or other forms of security
- Occupancy status of the property (a statement that the property shall be delivered vacant is not a violation of this section)
- Information deemed to create an unsafe or unsecured circumstance related to the listed property, property occupants, real estate practitioners, or the public
- Information directed toward agents or brokers, including but not limited to references of compensation or bonuses
- Solicitations or invitations for the public to contact the listing agent, broker, or any third parties affiliated with the listing agent or broker
- Content that violates Fair Housing law or that is deemed discriminatory, illegal, defamatory, offensive, or otherwise inappropriate. CRMLS reserves the right to remove and issue citations for any inappropriate content.
Can I advertise an upcoming open house in the property description?
No. Open house information cannot be included in the listing description/public remarks. Upcoming open house information should be entered under the “Open House” fields. If there are specific instructions or information you would like to communicate to agents and buyers regarding an open house, that information can be submitted under “Showing Instructions.”
Offers for my listing must be uploaded on a specific offer submission platform. Can I add the link to Public Remarks?
No. Links of any kind are prohibited from the Listing Description/Public Remarks, however links to submit offers may be submitted under Private Remarks.
I have a YouTube video to submit. Can I add that link to the description?
No. Again, links cannot be included in the Listing Description/Public Remarks. For virtual tours, use the appropriate field in the MLS (e.g. Virtual Tour Unbranded or Virtual Tour Branded).
Can I include my contact information in Public Remarks?
No. Contact information or any verbiage that brands the agent, brokerage, or their affiliates is prohibited. The best way to ensure agents and their clients can contact you with any questions is to maintain accurate contact information in your account. For step-by-step instructions on how to update your account information, click here: https://kb.crmls.org/knowledgebase/modifying-your-contact-information/
The property has tenants. Can I disclose this in Public Remarks?
No. Tenant information or references to the occupancy status is prohibited from Public Remarks. As stated in Rule 12.5 under CRMLS Rules & Policies, a statement that the property shall be delivered vacant is not a violation of this section.
The prior listing agent wrote a good description of this property the last time that it was listed on the MLS. Can I copy that verbiage to my current listing for the same property?
Only if you have that agent’s permission. As with any media previously submitted to the MLS by another agent, you must obtain prior written authorization from the original listing agent or other appropriate party with the legal right to reproduce and display such remarks. You don’t need to provide that written authorization to CRMLS unless requested by CRMLS or AOR staff.
My seller is offering an incentive to the buyer. Can I add this to the listing description/public remarks?
CRMLS permits verbiage regarding financing, credits, or other aligned incentives, such as helping with renovation costs, within reason. This could be considered a “feature” of the property; however, the verbiage submitted must still comply with rule 12.5 (i.e., no contact information, solicitations to contact the listing agent or their affiliates, links, etc. In all CRMLS MLS systems is the option to select “Concessions in Price: Y/N” which communicates a seller’s openness to consider concessions/incentives. Should you have questions or concerns regarding the verbiage or the Concessions in Price field , our Compliance Department is available and can be reached at compliance@crmls.org or via chat during normal chat hours.
My listing fell out of escrow. Can I include verbiage that clarifies this?
Yes, within reason. CRMLS encourages transparency between agents, buyers, and sellers throughout all stages of the listing. If the escrow has been canceled, verbiage to that effect can be included in Private Remarks in addition to the status update. Remember that any verbiage submitted should not be defamatory towards another agent.
What are the differences between Private Remarks and Public Remarks?
The Private Remarks field is not visible to the public. Information entered in this field is intended only to be seen by the Participant and/or Subscriber. This field is where special instructions or information directed toward other agents should be noted. Public Remarks is a public-facing field, so anything written there is subject to syndication and could end up online.
What kind of information could lead to a safety concern?
For safety/security reasons, information regarding a lock box, alarm/gate/security codes, occupancy status, or other access-related content should not be included in the Public Remarks.
What if I want to advise or warn about safety issues in Public Remarks, such as when there is a guard dog or something similar?
If you want to provide information reasonably necessary and intended to ensure safety, CRMLS will generally allow it. However, historically, we have found such information better suited for Private Remarks.
What kind of information could be in violation of Fair Housing guidelines?
While CRMLS does not have any official governmental guidance on this topic, we do have some basic guidelines or suggested usage tips located here: https://kb.crmls.org/knowledgebase/fair-housing-keywords-and-phrases/
What does “related amenities” mean?
The term “related amenities” generally suggests features, attractions, and other things related to or in the vicinity of the property but not necessarily included in the sale or lease of the property. These could include nearby stores, parks, beaches, community highlights, etc.
What if I want to use a program such as ChatGPT or other similar tools to create my property description?
Use of programs such as ChatGPT is allowed. However, please be aware that such programs often compile content from pre-existing material that could be under copyright or otherwise impermissible for your use. You will need to exercise due diligence to make sure that the generated content does not copy someone else’s work in a way that might violate CRMLS rules.
Can I mention the architect or builder of the property?
Generally, yes. Including information regarding architects or builders is not prohibited. However, be careful that any individual or company you mention is not connected with or related to you or your office/brokerage.
Is using brand names in the description considered prohibited branding?
Generally, no. Branding, in this case, refers to any branding of an agent or office/brokerage and not to incidental products or services. For example, it is fine if you want to describe the appliances, fixtures, or local amenities/businesses by using their brand names. Just be careful not to include anything related to you or your office/brokerage.
I have a probate listing and it is important that the public be informed of certain information egarding the probate process (such as public hearing dates). Can I include that information in the Public Remarks?
Information related to probate processes/hearings is considered a “feature” and is fine to include, provided you don’t include anything that is confidential in nature or otherwise goes beyond what is necessary to inform the public.
I have a bank-owned/REO property and the seller is demanding that I include certain verbiage in the Public Remarks that seem to violate this rule. What should I do?
In such cases, you will have to advise your seller that they do not have the right to set aside the MLS rules to accommodate their business practices. One workaround would be to include such information in Private Remarks and advise interested agents to inform their clients of those details.
Will the MLS system stop me from submitting a listing with violations in the Public Remarks?
No. In certain scenarios, our MLS platforms provide pop-up warnings or notifications that your remarks might include prohibited content, but those are only advisory. Ultimately, it is your responsibility to ensure you do not include any information that is out of compliance.
What about disclosing problems with the property in Public Remarks?
CRMLS neither prohibits nor requires any specific disclosures about listings. Just be careful that you don’t go beyond what is necessary. While it is up to you how much you disclose about problems or other issues related to the property, generally such information is better suited for the Private Remarks field.
Trigger Words and Terms in Public Remarks
To ensure that Public Remarks remain compliant with the latest compensation-related policies, there are two warnings that may appear when entering specific prohibited terms or keywords. Please review each of the warnings and associated trigger words so you may edit your text accordingly. If you believe your use of any flagged term does not violate any MLS policies, you may submit your listing as-is. However, if CRMLS Compliance finds any language to be inappropriate, you may receive a violation.
Warning 1
“It looks like you may have entered a website address in the Public Remarks. As a reminder, this link should not mention any compensation/commissions remarks. Please review your text. If you are certain that you have not included such information in your Public Remarks, please click to resubmit your listing.”
Trigger Keywords:
- http
- https
- http://
- https://
- www
- www.
- .com
- .org
- .net
- .co
- .us
- .info
- .site
- .me
- .live
- .biz
Warning 2
“It looks like you may have used a word or phrase that may indicate an offer of compensation in your Public Remarks. As a reminder, there can be no mention of compensation/commissions on the MLS. Please review your text. If you are certain that you have not included such information in your Public Remarks, please click to resubmit your listing.”
Trigger Keywords:
- Commission
- Compensation
- Percentage
- %
- $
- Comp
- Payment
- Dollar
- Dollars
- Comm
- Percent
Note: This is not a comprehensive list of trigger keywords. Please contact the CRMLS Customer Care department at
https://go.crmls.org/support/ or 800.925.1525 with any further questions.
