CRMLS removes key concessions details 

The California Regional Multiple Listing Service has decided to modify a form field it launched just two months ago. 

MLSs and associations have been working to update their systems and forms to comply with new NAR rules ahead of the August 17 deadline — and some have come under scrutiny in the process.  

Compensation details removed: In May, the nation's largest MLS unveiled its new "Concessions in Price" field, which included the option to specify a percentage or dollar amount that a seller might be willing to offer a buyer. 

This week, however, the CRMLS board of directors voted to remove the two field options. As of July 30, the concessions field, titled "Seller Willing to Consider Concessions?" will have only a "yes/no" option for the listing agent, said Nicole Aguilar, director of marketing and communications for the organization.

Because the new California Association of Realtors forms don't contain information relating to concessions, "we felt it prudent to try to avoid confusion between all parties," Aguilar said.

Concessions controversy: The use of concessions fields has led to speculation about whether such fields follow the spirit of NAR's commissions settlement agreement and upcoming policy changes. Per the terms of the settlement, MLSs are required to remove offers of compensation by Aug. 17.

CRMLS and other MLSs, including Bright MLS, have opted to offer a field indicating whether a seller is open to concessions, which could be used for things like helping pay closing costs or repairs — or buyer agent commissions. 

But the Consumer Federation of America remains skeptical of the use of concessions fields, calling out C.A.R.'s listing agreement in particular. In a 20-page memo, the CFA argued that C.A.R.'s form, which "specifically asks sellers if they would be willing to consider designating a percentage of the list price as 'concessions,'" turns concessions into "the new Realtor compensation field" and is a "blatant attempt to get around the NAR Settlement provision that prohibits offers of compensation on the MLS."

The CFA also criticized C.A.R.'s draft buyer agreement, and the organization's forms were the subject of a formal DOJ inquiry. C.A.R released new and revised forms on July 10, removing any mention of compensation from the listing broker to the buyer broker. 

Other deadlines remain the same: CRMLS has updated its website with information about the new changes, but key dates remain the same: On Aug. 8, compensation fields will officially be removed from its Flexmls platform, and on Aug. 13, the fields will no longer be in its Matrix and Paragon systems. 

CRMLS plans to implement all settlement-related changes by Aug. 13, a few days ahead of the NAR deadline. The MLS warned that it will enforce the new rules and issue fines for any listings that try to include forms of compensation starting Aug. 13.