When it comes to crafting the public remarks section of an MLS^® listing, it's essential to tread carefully, ensuring compliance with rules while effectively showcasing the property's features. Let's address some common queries to provide clarity on what's permissible and what's not.

Understanding "Property-Specific"

The rule says, “All information in the general (public) remarks section of an MLS® Listing on the Board’s MLS® System must be property-specific.” What does property-specific mean?

Property specific refers to the details or the descriptions that explain the existing features of the property that will remain the same when the buyer takes possession (i.e., “south-facing yard” or “stainless steel appliances”).

Calls to Action: Dos and Don'ts

Can we use comments like “Call me”?

While calls to action are a nice way to tie up the property description, it’s important to remember that public remarks are not a place to promote who’s representing the Seller. Below are phrases that are ok and others that are not permitted:

Addressing Secondary Suites

Can I talk about a secondary suite in the comments?

Yes, we understand that secondary suites contribute to the property’s value. Three things to remember:

1) If your comments are about existing suites, you MUST use the word “legal” or “illegal” to describe the suite each time the word suite is used. This aligns with REIX’s policy on necessary disclosures to avoid voiding your insurance.

2) If your comments are about altering the property to add a suite, such as “easy to suite,” “convert the garage to a suite,” or “make the basement a mortgage helper,” the listing agent must make it clear that the municipality ultimately decides any alterations. The phrase “subject to city approvals and permitting” must be used if commenting on future suite development.

3) Be careful about advertising income, especially on illegal suites. Illegal suites are not eligible to have rent collected on them, and, to quote REIX, “If you are enticing someone to purchase a property under false pretenses, that is fraud, plain and simple.”

Promotions, Incentives, and Seller Offers

What is a promotion or incentive?

A promotion is any comment indicating the brokerage is offering the consumer a reward or extra offering for purchasing the property. An incentive is anything the brokerage offers to encourage a consumer to connect with the listing.

Promotion example:
o “3 months condo fees credited to the successful buyer by 123 Realty.”
o “Buy this home, and 123 Realty will buy your property.”

Incentive example:
o “Book a showing on this house and be entered to win a $500 cash giveaway from 123 Realty.”
o “Successful tenant may qualify for additional interest on their security deposit, to be paid by 123 Realty.”

Can we include seller offers?

Yes, if a seller offers an additional “perk” to the person buying their property, that information is permitted in the remarks. For example, “Assumable mortgage,” “Seller will give successful buyers a $5,000 Home Renovation gift card,” or “Seller will prepay the first year of condo fees upon successful closing.”

Third Parties and External Service Providers

What are considered “third parties or external service providers”?

Third-party and external service providers are names or brands of companies that contribute to the property, the listing/sale of the property, or information associated with these names or brands. These can be “shout-outs” to the people the listing agents work with to prepare the home for presentation or other identifiers instead of their name, like a tagline. Some names are property specific and are ok, like the name of the home builder, and others are more like endorsements, which need to be avoided, like “#1 Home Builder for four years running” or “professionally measured by LMNOP Measuring.”

Examples of comments that are permitted include:

- Home builder name
- Community association name
- Condo management companies
- Alberta New Home Warranty provider

Examples of comments that are not permitted include:

- Names of photographers, home inspectors or installers
- Home builder, slogans, marketing taglines, claims or references to awards/achievements
- Auction company names

Land Value Listings and Potential

I have a land value listing. Can I talk about the type of house it could be turned into?

Listing agents must be cautious about how much potential they advertise. The comments have to be related to what the buyer is actually going to get if they buy it. If the buyer is receiving the 1945 bungalow with original features for $650,000, it could be deemed misleading if the listing agent talks about a 2-storey 2,500 sq. ft home boasting top-of-the-line finishes.

As a reminder, a land value listing with a liveable dwelling must be listed as property type residential, not land.

By adhering to these guidelines and exercising prudence, REALTORS^® can effectively convey the value of properties while safeguarding consumer interests and maintaining professional integrity.