As a reminder, the harmonized rules appear in our CREB® Rules in Part II and Part III. Recently, the ten local real estate boards/associations in Alberta agreed to three amendments to the harmonized rules. Below is a summary of those changes, which went into effect on January 6, 2025.
Part II Harmonized Practice Rules
• 3.03 – Sending Recruiting Materials
Part III Harmonized MLS® System Listing Rules
• 3.06(a) – Termination of Listings
• 3.07(a) – Audit of Listings
Even though these rules have been adjusted, many of our members’ businesses will already align with the amendments, so these changes should only require minimal refinement of their practice. To give everyone a chance to finesse their processes to meet the expectations of the updated rules, CREB® uses our 90-day rule reminder period (January 6 to April 6, 2025).
A member violating one of these rules would first receive a New Rule Reminder to draw attention to the rule and adjust their practices to prevent ongoing violations. We move into our summary office process if ongoing or repeat violations arise.
1. Part II 3.03 Sending Recruiting Materials
As our industry evolves, rules must keep pace. This rule was amended to clarify that all Members must be mindful of how they recruit agents; this cannot involve using methods paid for by the brokerage of the targeted Member. For context, “Member” is defined in the rules as any Brokerage, Broker, Associate Broker, or Associate.
Practice Tip
Competition and recruitment have always been and will continue to be a healthy part of our industry’s evolution. This rule is not designed to prohibit recruitment or business growth. Before sending any recruiting material, Members should check the following:
• Is the method of communication likely paid for by that Member’s brokerage?
• Do I have permission to use this Member’s contact details this way? (see CREB® Rule Part I 5.01).
2. Part III 3.07(a) Audit of Listings
To maintain accurate listing information, boards periodically review a listing agent’s or their brokerage’s documents to verify property information appearing on the MLS® System. Because boards use different methods to substantiate MLS® listing information, there was confusion about why the rule specified “random” audits when data integrity sometimes requires random, automated, or individual audits, depending on the concern raised.
3. Part III 3.06(a) Termination of Listings
The Change Management Group (CMG), which reviews the harmonized rules, in conjunction with the AREA Forms and Practice Committee (FPC), has coordinated to enhance both the harmonized rule and the standard termination form related to the listing termination.
The previous rule indicated that the Member must report the termination within two (2) business days of “the termination agreement being signed”; however, the Termination Agreement is “effective as of” a specific date. The effective date and date signed weren’t always the same day, sometimes causing member confusion, such as when did listing agents have to change the listing to terminated? Creating consistency between the rule and form helps clarify that the Effective Date is the date to base the status update on the MLS® System.
Practice Tip
The AREA Forms and Practice Committee has adjusted the AREA Termination Agreements that members use when ending a Seller or Landlord Representation agreement. These changes were approved to be consistent with the harmonized rule and clarify certain provisions unaffected by the termination agreement.
The updated Termination Agreement has been updated on WebForms™, NexOne, and other third-party form providers. Click here to see the changes made to the Termination Agreement.
If you’ve saved a copy of the Termination Agreement using your own form management system, please ensure you update your form library when the new version is released.
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