MLS Rule Change for Public Remarks
In April, 2026, the MLS Board of Directors approved an MLS Rules Committee recommendation to change the rule governing Public Remarks.
MLS leadership received a complaint asserting the existing rule was not clear with respect to which names can be included in the remarks. Specifically, when the listing broker is also the builder/architect/developer.
After several meetings and much discussion, MLS Rules Committee determined that the rule should be amended to prohibit builder / architect / developer names along with listing agent / broker names from the public remarks.
The rules governing the use of Public Remarks was amended to read as follows:
12.5.1 Public Remarks Restrictions and Requirements...
b. Additionally, no information is permitted relating to i) contact
information, ii) phone or fax numbers; iii) email addresses or website
addresses including virtual tours and URLs or calling
instructions; nor iv) information related to builder / architect / developer
brand names.
Key points in the rationale include:
- There are a number of brokers who are also builders, and vice versa.
- Under the prior rule, those individuals were restricted from mentioning their brokerage in the public remarks.
- This was important because public remarks are displayed on all consumer-facing websites, and allowing brokerage names there could create a situation where a listing on a site effectively promotes another brokerage, potentially directing your clients away.
- At the same time, builders, architects, and designers who were not affiliated with a brokerage were permitted to be mentioned in the public remarks.
- Minimizes MLS risk
Ultimately, MLS governance had to balance fairness across these groups.
This information and more can be entered in the Private Remarks but the Committee’s view is, with fairness to all, not in the Public Remarks.
Note: community names such as "Vista Park" or "Lotus at Urban Oaks" in Public Remarks are still OK.
Additionally, there are existing fields in listings to use for builder/tract name in the listings, and a “style” as a characteristic exists as well. Eichler homes is an example.
Following are some tools for listing new construction:
Builder name in listings – free form text field
Fields are searchable in Matrix (add advanced fields)
Style choices in listings
Field placement in listings (Agent Full)
New Construction available in search criteria
The redline changes to the current rule:
12.5.1 Public Remarks Restrictions and Requirements
a. Information in the public remarks shall only relate to the property’s attributes*,
description and condition of the property and may include specific seller to buyer
incentives. Offers of buyer concessions that comply with 7.12 are permitted; however, no
offers of concessions directly relating to the retention of or payment to Buyer Broker or
other buyer representative are permitted in remarks.
b. Additionally, Nno contact information is permitted relating to i) contact information,
including names, ii) phone or fax numbers; iii) email addresses or website addresses
(including virtual tours and transaction tracking URLs) or calling instructions; nor iv)
information related to builder /architect / developer brand names.
c. No showing instructions or directions are permitted, including references to lockbox,
alarm, gate or other security codes, or the vacancy of the property. However, a statement
that the property shall be delivered vacant is not a violation.
d. No information directed toward real estate agents or brokers, including compensation
or bonuses offered to buyer brokers may be entered in public remarks.
* qualities, features or characteristics of the property
For listing help, please contact our Customer Service team:
408-874-0200 option #1
or
Please submit a case online through our Help Page located on our Pro Support Page.
For rules help, please contact our Compliance team:
408-874-0200 option #2
compliance@mlslistings.com