The MLS BCS is a critical tool in the real estate industry that helps agents and agencies ensure consistency and fairness in the marketplace. However, a growing concern has emerged within the real estate community regarding the misuse of private remarks. Some listing agents have written notes that contradict OPPs, creating confusion and potential ethical dilemmas in the industry.

The Role of Private Remarks:

Private remarks are a section within an MLS listing where agents can add additional information or instructions not intended to be publicly visible. These must provide relevant details that may not be suitable for public display, such as showing instructions or information about the seller’s situation.

The Problem of Contradictory Private Remarks:

While private remarks are intended for legitimate purposes, some listing agents have started to misuse this section by including information that contradicts OPPs. It can take various forms, including:

1. Misleading Information: Some agents include misleading information in private remarks, such as falsely inflating a property’s features or downplaying its issues.

2. Unethical Instructions: Private remarks used to convey unethical instructions, such as asking cooperating agents to ignore some rules or regulations.

3. Undisclosed Agreements: In some cases, agents have used private remarks to disclose undisclosed agreements with the seller, which could disadvantage buyers or other agents.

4. Hidden Incentives: Private remarks have been used to hide incentives or bonuses for cooperating agents, which could influence their behavior and potentially compromise their fiduciary duties to their clients.

Impact and Consequences:

The presence of contradictory private remarks can have several negative consequences:

1. Market Confusion: Contradictory information can lead to confusion in the marketplace, making it difficult for agents and buyers to understand the true nature of a property or transaction.

2. Ethical Dilemmas: Agents may find themselves in ethical dilemmas when they encounter private remarks that contradict OPPs, as they must decide whether to follow the instructions or adhere to industry standards.

3. Potential Legal Issues: Contradictory private remarks could expose agents and brokers to legal liabilities if found to violate MLS BCS rules or real estate regulations.

To maintain trust and fairness in the marketplace, MLS organizations and real estate professionals must address this issue promptly and effectively. By monitoring, educating, and enforcing standards, the industry can evolve into a more transparent and ethical environment for all participants.