The new SEL form meets the requirements of the NAR-mandated Virtual Office Website (“VOW”) policy and MLS rules. The immediate revision is available on WINForms® Online only.
C.A.R. has made some modification to two of its forms: the Residential Listing Agreement (RLA) and the Seller Instruction to Exclude Listing from the MLS (SEL). The changes were made so that REALTORS® have the right tools to comply with the settlement agreement entered into by NAR and the Department of Justice with regard to MLS’ and VOWs. Under the settlement agreement, the seller’s listing or certain information about a seller’s listing may only be excluded from an Internet site receiving data from the MLS if the seller has given specific instruction to exclude the information. The MLS paragraph in the RLA has been modified to reference the Internet opt-out options. The SEL has been revised to include optional paragraphs allowing the seller to choose among the various opt-outs (No Internet display at all; No property address on Internet displays; No blogging or comment feature on Internet display of seller’s property; No automatic valuation feature on Internet display of seller’s property).
The new versions of the RLA and SEL will be available on WINForms Online® by February 15th, in paper forms by March 6, 2006, and on WINForms Desktop® at the next revision date in April.
Since the RLA already gives the broker unrestricted authority to submit the listing to the MLS and, through it, to additional Internet sites, the existing RLA form may continue to be used. The existing SEL may continue to be used for those sellers who want to exclude the listing from the MLS entirely, including exclusion from any Internet sites receiving data from the MLS. The new SEL (available on WINForms Online® on Feb. 15) must be used if a seller agrees to submit the listing to the MLS, but wants to limit the information that is available to other Internet sites. WINForms Desktop and the printed C.A.R. Standard Forms will be updated with the April 2009 forms release.