• As a result of amendments to CREA Rules that were approved by Members at CREA's AGM on March 22, 2010, all Boards and Associations are required to amend as may be necessary their Rules or By-Laws as soon as practically possible to conform to such CREA amendments.

• TREB will be reviewing its own MLS® Rules and posting any recommended amendments on Stratus/TorontoMLS for 60 days, before implementation.
• In addition, please be mindful that RECO's Code of Ethics will continue to regulate all REALTORS® and registrants. 

  RULE AMENDMENTS

  RULE 17: OPERATION OF A BOARD’S MLS® SYSTEM

  17.1: Acceptance of Listings

  17.1.1: The Three (3) Pillars of the MLS® Mark

  Only listings that comply with the following three (3) pillars of the MLS® Mark can be placed on a Board/Association’s MLS® System.

  17.1.1.1: Membership

  Only REALTORS® may place a listing on a Board/ Association’s MLS® System.

  17.1.1.2: Agency

  A listing REALTOR® must act as agent for the seller in order to post, amend or remove a property listing in a Board’s MLS® System. The nature of any additional services to be provided by the listing REALTOR® is determined by agreement between the listing REALTOR® and the seller, subject to applicable regulatory requirements and the Rules of CREA and Boards/Associations.

  17.1.1.3: Compensation to Co-operating Broker

  The listing REALTOR® agrees to pay to the co-operating (i.e. selling) REALTOR® compensation for the co-operative selling of the property. An offer of compensation of zero is not acceptable.

  17.2: Interpretations of the Three Pillars of the MLS® Mark

  17.2.1: The listing REALTOR® shall be available to provide professional advice and counsel to the seller on all offers and counter offers unless otherwise directed by the seller in writing.

  17.2.2: The listing REALTOR® is responsible and accountable for the accuracy of information submitted to a Board/Association for inclusion in the Board's MLS® System, and the Board/Association is responsible for ensuring that the data submitted to it meets reasonable standards of quality.

  17.2.3: Only REALTORS® are permitted to display the MLS® trademarks in signage, advertising, etc.

  17.2.4: Where the seller directs the listing REALTOR® in writing to do so, the seller’s contact information may appear in the REALTOR® only remarks (non-public) section of a listing on a Board/Association’s MLS® System. The seller's contact information shall not appear on REALTOR.ca or in the general (public) remarks section of a listing on a Board/Association's MLS® System. The listing REALTOR® may include a direction in the General Description section on REALTOR.ca or on websites operated by CREA or a Board/Association to visit the REALTOR® website to obtain additional information about the listing (but the nature of such additional information shall not be specified).

  17.2.5:

  W

  here the seller has reserved the right to sell the property himself/herself, that fact shall be specified in the Board/Association’s MLS® System

March 15, 2010 -- Moving our clocks forward and an upcoming meeting in Ottawa are two perennial signs that spring is upon us, and the important issues being discussed at the Canadian Real Estate Association’s Annual General Meeting March 22nd are sure to make for an interesting start to the season.
You’re probably aware that last month the Commissioner of Competition filed a Notice of Application against CREA seeking to strike down certain CREA rules. One week prior to the Notice of Application, CREA advised the Commissioner of Competition and the Competition Bureau of its intention to move forward with rule changes to address the issues raised by the Bureau. Delegates from real estate boards and associations throughout the country, including Members of TREB’s Board of Directors, will vote on the proposed rule changes March 22nd.
If you’re interested in learning more about the proposed rule changes, a video message delivered by CREA’s external Competition Law counsel Katherine Kay, is posted on TorontoMLS. Further information on this issue is available under a tab called ‘Competition Bureau Information Zone’ on REALTORLink, which can be accessed directly from the TorontoMLS homepage. It includes CREA Dispatch 2010-03, which also outlines the proposed rule changes, on pages four and five of the document. Stay tuned to REALTORlink for an update as to the outcome of next week’s discussions.
Revisions to CREA’s television advertising campaign are also underway. Scheduled to be introduced April 5th, the campaign has been re-geared to reflect a more serious tone, focusing on the professional services that REALTORS® offer. TREB’s Board of Directors will soon be considering the development of a new advertising campaign as well, potentially focused on Buyer representation.
You may recall that last September I told you about the formation of a Buyers’ Services Task Force. The work of this group is progressing well, with a number of recommendations soon to be considered. This year’s new focus on Buyers’ Services extends beyond the Task Force as well.
Recently for example, a TREB-designed interface to facilitate Internet Data Exchange (IDX) was introduced. To date, more than 100 brokerages have taken advantage of this opportunity to advertise their listings on each other’s websites through reciprocal agreements.
The Connect project, which allows you to search and view the active listings and recent sales history of the REALTORS® Association of Hamilton-Burlington, the London and St. Thomas Association of REALTORS® and the Ottawa Real Estate Board, is poised to expand. Six other Boards have paid initiation fees to participate, and are in the process of developing templates to allow them to connect. It’s also important to note that five additional Real Estate Boards and Associations are included through the four founding groups. The Brampton Real Estate Board, the Durham Region Association of REALTORS®, The Mississauga Real Estate Board and Orangeville and District Real Estate Board are included through TREB and the Renfrew County Real Estate Board is included through the Ottawa Real Estate Board.
This initiative is an excellent example of the spirit of cooperation on which our profession was founded. There is though, much more that we can achieve by working together. Government Relations efforts for example, are well underway to coincide with this fall’s municipal election and I am happy to report that a Mayoral Candidate Debate will take place at this year’s REALTOR® Quest conference, May 5th and 6th at the Toronto Congress Centre. This debate is among the many highlights of this year’s conference: another expansive tradeshow, a wide selection of Continuing Education seminars and a full slate of entertainment attractions are also planned. Be sure to stay tuned for further details.
In the months leading up to the municipal election I also encourage you to help shape the future of the Greater Toronto Area by sharing your views on a daily basis through a special Op Ed section of the Toronto Star. Given that few other professions are as familiar with GTA communities, it’s important to ensure that the REALTOR® perspective on our city’s future is heard. To take advantage of this opportunity please visit http://www.thestar.com/opinion/editorials/article/775190--a-civic-call-to-action.
I also look forward to receiving your comments, questions and suggestions in the coming weeks as activity in our profession becomes even more dynamic. Please feel free to write to me anytime at trebpres@trebnet.com.
Tom Lebour President