Drawing on the Flexmls Mobile App

On February 29, the ability to draw shapes and apply them to searches when using Flexmls Mobile Web will be available again.

To start drawing while using Mobile Web, tap the Draw icon when viewing the map. Notice that the listing icons will temporarily disappear to allow you to tap the map and draw your shape more easily without accidentally selecting listings. Drawing on Mobile Web is the same as in Flexmls Web--you draw the shape one segment at a time by tapping to start and stop each segment. Close the shape by double tapping or tapping the original starting point.
 


This new version of drawing on the map has been improved in several ways:

New, unsaved shapes will still be there when you click to view a listing, then return to the map.

New, unsaved shapes will still be there when you click Filter, edit your search criteria, and return to the map.

When you save the search, the drawing will be included as part of the saved search criteria.

Preexisting shapes from previously saved searches will show on the map.

Flexmls Pro makes Improvement to Share Feature

On March 8, Flexmls Pro version 2.02 is scheduled to be released in the Apple App Store. With the recent changes to the Flexmls Pro app for iPhone, some users have reported that they've had a hard time finding the Share feature. As a result, the newest version of the app is being improved by making the Share feature more prominent, so it will be easy to find regardless of which screen you are on.

Detail Screen - Share a Listing
When looking at the full details screen for a listing, the blue Action bar will always be present at the bottom the screen. To share the listing, tap Share, select a contact, fill out the (optional) email message, and tap Share to send the listing to the selected contact. 



If you'd like a link to the listing that you can share by text message, email, etc., tap More Share Options on the Share screen.



Gallery View - Share a Listing
When viewing listings in the Gallery View, tap Share under the listing you'd like to share. Then select a contact, compose a message, and tap Share to send the listing. Alternatively, you can tap More Share Options to get a link to share via email or text message. 



List or Map View - Share a Listing
When viewing listings in the List View or Map View, tap the Options icon (three dots), then select the Share option. From here, you can select a contact and compose a message or tap More Share Options to get a link to share via text message or email
.


Share Selected Listings and Listing Collections
On the Collections tab, when viewing currently selected listings or a listing collection, the blue Action bar will always be visible. Tap Share All to share the listings with a contact, or tap Recommend All to send the listings to a contact's portal as recommended listings. 



To add the selected listings to a new or existing listing collection, tap the Options icon (three dots), then select Add to Collection. 



If you choose Add to Personal Collection, you can save the listings as a new listing collection or choose to add the listings to an existing collection.

If you choose Add to Portal Collection, you can save the listings as a new custom collection in a contact's portal or add the listings to an existing custom collection in a contact's portal.

Share a Saved Search - More Share Options
The option to share all search results as a link in an email or text message will be available for searches that have already been saved (we'll be adding this option for new searches in the next release, 2.03). Just as before, share a saved search by tapping the Share icon in the upper right corner. From the share screen you can select a contact, create a message and turn on a subscription, or you can tap More Share Options to send the search results via text message or other available options on your mobile device. 

Multiple Map Overlays & Saturation Report

On February 18, there will be 2 feature improvements releases Flexmls:

When adding multiple map overlays as search criteria, OR logic will be applied by default.

The Saturation Analysis Ranking Report will combine individual agent activity regardless of what office they were in.

Multiple Map Overlays - OR Logic
My Map Overlays are reusable shapes that you can use in searches or market reports. For information on creating overlays, click here. For detailed information about using My Map Overlays in your searches, click here.

Currently, AND logic is applied by default between multiple overlays, so only listings shared in common by each overlay show in search results. Once the default is changed to OR logic, all listings in each overlay will show in search results.

To add multiple overlays to search criteria from a Quick Search or Map Search, click in the search bar and select the overlays you'd like to add.


By default, OR logic will be applied to the overlays, so listings matching your search criteria in either overlay will display.



Saturation Report - Agent's Total Activity is Combined
For MLSs that allow users to view ranking reports, all of an agent's activity will be combined regardless of what office the agent was with during the selected time period. When currently running the Saturation Report, if an agent was in two different offices, the agent will appear twice in the report. Once this newest improvement is released, the report will combine all of the agent's activity (regardless of which offices they belonged to during the selected time period) and the agent will appear only once.

Click here for more information about how to run a ranking report.         

DMCA

Scenario:  Your website displays listings for sale from various brokerages or via IDX.  One listing includes photos of nearby shops, parks, schools etc. Next thing you know, you are being notified that you are in violation of a photo copyright infringement for this same listing and unless you pay a fee or purchase a license, then legal action will commence.

But it's not my listing!

But it is your website and bottom line is you can be held accountable. Sometimes, brokers may not be fully informed on the risks associated with using photos randomly found on the Internet or photo stock services without obtaining permission to use them.  The fact that you may be displaying such a photo on your website puts you at risk too.

Now the obvious resolution is for everyone to take their own photos, with their own cameras, for their own listings.  However, that is not what always happens.  But there is a way to help protect yourself.  The Digital Millennium Copyright Act (DMCA).

The DMCA helps you, the web site owner, avoid liability for copyright infringements created by others. There are actually 5 sections to the DMCA, but the second section (Title II, the Online Copyright Infringement Liability Limitation Act) creates a "Safe Harbor" against unknown copyright infringement.

There are five requirements to qualify for this safe harbor. The site operator (you) (i) does not have actual knowledge of the infringing content; (ii) is not aware of facts or circumstances from which infringement is apparent; (iii) does not receive a financial benefit directly attributable to the infringing activity; (iv) acts expeditiously to remove the infringing content when notified; and (v) has provided a means for receiving notice of the infringing content.

The fifth requirement is critical.  You must register a designated agent who is to receive the notices of any alleged infringement and it cannot be you.  The only way to actually register this designated agent for the Web site is to file a paper form that has to be mailed (not e-mailed) to the U.S. Copyright Office along with the required fee(s) of $105 for one business name/website and an additional $30 for up to 10 additional names/websites.  Instructions for identifying a designated agent and a list of designated agents are found on the Copyright Office Web site.

In addition to registering your designated agent, you will want to include the information of your designated agent.  Sometimes this is included in the "Term of Use" or a special section on copyright or legal terms.   For example, at the bottom of www.RealtyWEB.Net you will see all normal disclaimers and then a special section for the DMCA.

While it is best to seek advice from your attorney, the DMCA should help protect you.

(Note:  This article is not meant to serve as legal advice, please speak to your legal representative for further information).

Closing Cost Estimator Redesigned to Match CFPB Forms

Coming February 23rd, the Closing Cost Estimator (CCE) program on Flexmls will be redsigned to better follow the flow of the CFPB Loan Estimate documents.

Additionally, four fields will be added; Estoppel Letter Fee, Title Search, Municipal Lien Search, and Seller Concession to the Buyer (dollar amount or percentage may be entered for this field).

The CCE program was developed in 1996 by a group of local NEFMLS members and participating mortgage lenders.  Since then, volunteers have donated their time to help us maintain and keep the program updated.  It is a handy tool to estimate closing costs/proceeds for both buyers and sellers.

The Closing Cost Estimator can be found under Daily Functions>Calculators.  You can save your criteria, email reports, and more.  Be sure to try it.

Questions? Call Technical Support (904) 394-9494 x 1223 or email support@realtyweb.net.

NEFMLS Forms Revised-- by Jeff Marks

All of the NEFMLS forms were revised in December 2015. Thank you to the members of the forms committee, who met many times to update and improve the forms. The forms committee members were Stan Bishop, David Elian, Eileen McVeigh, Jerry Smith, Andre Boutte, Marc Jernigan, Mark Rosener, Carmen Bogard, Karen Palmer, Carol Zingone, Linda McInnis, Ryan Ford, Starr Keating, Laura Evans, Kay Seitzinger, Lee Osbourne, Pat Alters, Clare Berry, Gonzalo Mejia, Linda McMorrow, Clark LaBlond, Ben Bates, Jr., Wanda Franklin, Sonny Downey and NEFMLS Executive Officer Ron Stephan. Thanks also to NEFMLS staff members Kimberly Wiggins and Amy Trujillo. When you see them, please thank them for all of their hard work. Here are the changes in the forms.

Exclusive Right of Sale Listing Agreement. 

Page 1.

• There is an additional line for the names of the Sellers at the top, and the following words have been added after the word SELLER "name(s) as reflected on deed, or if individual(s), government-issued photo ID, and marital status".  
• Below that, the following phrase is new and is in bold "SELLER represents that SELLER has legal authority and capacity to convey the Property and that no other personal entity has an ownership interest in the Property." This is similar to the language in the revised NEFAR suggested Purchase and Sale Agreement. 
• Paragraph 1 has the following new words "GRANT OF EXCLUSIVE AUTHORITY TO SELL PROPERTY." 
• After that paragraph, there is a new line that reads as follows: "The Property [  ] is [  ] is not SELLER's principal residence" and a place for Sellers to initial. 
• In paragraph 1D (PERSONAL PROPERTY), the word "if" was added in the first sentence that now reads as follows: "The following items, if owned by SELLER and existing on the Property on the date of a buyer's offer, are included in the Purchase Price...."
• Now included in the items that stay with the house are "bulbs, smoke detectors and intercom".

Page 2. 

• In paragraph 3 (Terms), if there is Seller financing it now states "if marked, attach Seller Financing Addendum" and if mortgage assumption is marked it now states "if marked, attach Mortgage Assumption Addendum." Therefore, the terms of seller financing or mortgage assumption are not contained within the Listing Agreement itself but rather in separate stand-alone addenda. 
• Also in paragraph 3, where it lists the closing costs that Seller agrees to pay, the following was deleted "WDO report for VA loan only." This was done because under new rules the veteran can pay for the WDO in Florida and in other states where WDOs are common. I think the NEFAR suggested form of Purchase and Sale Agreement will be changed soon to reflect this as well. 
• Further down in paragraph 3, a phrase was added requiring the Seller to pay costs to cure all association violations. 
• In paragraph 3D (Prorations), the following words were added after the statement that all taxes, rents, condominium and homeowners' association fees, solid waste collection/disposal fees, storm water fees, and CDD fees will be prorated through before the date of closing "based on the most recent information available to the closing attorney/settlement agent, using the gross tax amount for estimated tax prorations." 
• In paragraph 3E (Posessions), the words legal counsel were put in bold in the following sentence: "If possession is to be delivered before or after closing, the buyer and SELLER shall execute a separate possession agreement prepared by legal counsel at possessor's expense at least 5 days before date of closing on terms reasonably acceptable to buyer and SELLER." 
• At the bottom of page 2, in the section regarding property that is rented, now the seller must provide the buyer with rent rolls as well as copies of the leases.

Page 3. 

• In paragraph 4, the wording was changed slightly to read "At least one of the following paragraphs must be initialed for the listing to be placed in NEFMLS." Below that are four separate paragraphs addressing whether the sale will produce sufficient funds to satisfy all mortgages or not. These paragraphs are now lettered A, B, C and D for easier reading. 
• Additionally the following sentence was added in two places "The Listing Agreement Short Sale/Pre-Foreclosure Addendum is Required and is attached if paragraph 4D is initialed." 
• At the bottom of page 3, the space for the seller to initial has been moved to be in the middle of the paragraph instead of the end of the paragraph regarding utilization of a Northeast Florida Association of Realtors, Inc. authorized lock box.

Page 4.

• In paragraph 5C, you are now authorized to order a home warranty if the seller is obligated to provide it. 
• In paragraph 5(C)(7) the word "videos" was added in the sentence where seller grants to NEFMLS, NEFAR, and BROKER the unlimited right to use, publish, disseminate, sell and license to others all techs, graphics, photos, videos, virtual tours.... 
• At the end of that paragraph 7(C) the underlined words were added "and therefore NEFMLS, NEFAR and BROKER have no control over any electronic display and no obligation to remove any of the above content from any electronic display at any time." (The prior version of the Listing Agreement had used the words public website instead of any electronic display.) The same wording changes were made several times in paragraph 5(D)(C). 
• In paragraph 6 (Seller Obligations) the underlined words were added "make the Property available to a buyer, buyer representative, buyer's broker. buyer's licensed inspectors/contractors, and appraisers for inspections and investigations ...".

Page 5.

• In paragraph 6 (Seller Obligations), the underlined words were added "comply with the Foreign Investment in Real Property Tax Act (FIRPTA) if any SELLER is a "foreign person" as defined by FIRPTA, which may require SELLER to provide additional funds at closing; “SELLER agrees to disclose to closing attorney/settlement agent at least 10 days before closing if any SELLER is not a U.S. citizen or resident alien". 
• A new sub-paragraph J was added as follows "not engage in any audio recording of a buyer, buyer's representatives, buyer's broker, inspectors and appraisers when any of them are on the Property in accordance with Florida Statute 934." 
• At the bottom of page five in paragraph 8 under  Compensation and Cooperation, there is new, easier to read formatting on the cooperating real estate commission offered to a single agent for  buyer,  a transaction  broker  for  buyer  and  a  non-representative  (broker  who  has  no relationship with the buyer). 
• Also at the bottom of page 5 and the top of page 6 the following new words were added "SELLER hereby directs closing attorney/settlement agent to disburse at closing all compensation to brokers payable hereunder."

Page 6.

• The only change was in paragraph 8(2) where the underlined words were added "If SELLER refuses and fails to sign and offer at the price at the terms stated in this Agreement or any amendments to this Agreement,..."

Page 7.

• In paragraph 12 (Complete Agreement and Miscellaneous Provisions), the following sentence was added "Any written communication or notice between BROKER and SELLER may be sent by facsimile or email." 
• Additionally, the following sentence was added in bold "If any SELLER is married and BROKER has not been notified in writing by any SELLER that divorce proceedings are pending, any modification to this Agreement and/or communication (including without limitation price changes, extensions and changes to NEFMLS listing information) from either spouse shall be deemed binding on the other spouse and may be relied upon by BROKER, and SELLER hereby appoints SELLER' s spouse as attorney in fact for these purposes." 
• Later in that paragraph, the underlined words were added "The Property is to be offered to any person without regard to ·race, color, religion, sex, handicap, familial status, national origin, sexual orientation or gender identity." This is in conformity with NAR Code of Ethics Article 10. 
• Also in that paragraph, the underlined words were added to confirm that the broker has the right to assign the Listing Agreement "This is a legal contract and binds SELLER and their heirs, legal representatives, successors and assigns of SELLERs and the assigns of BROKER."

Page 8.

• A new paragraph 17 was added which reads as follows: "17. FIRPTA: [ ] mark if any SELLER is not a U.S. citizen or resident alien." The last paragraph of the document was reworded as follows: "Pursuant to Florida Statute 475, BROKER must provide SELLER with a copy of this Agreement within 24 hours of execution by BROKER and SELLER." 
• There are now four seller signature lines instead of two. 
• Also, there is a new part entitled Preferred Contact Information, which  includes lines for seller's mailing address, email address and phone number.

Seller Financing Addendum to Exclusive Right of Sale Listing Agreement.

• This is now a stand-alone two page form. Much of the wording contained in it is a summary of seller financing rules under the Dodd­ Frank Act, which regulates seller financing. The regulations are not severe, especially for a seller who finances only one property in any twelve month period.

Assumption Addendum to Exclusive Right of Sale Listing Agreement.

• We have not seen many assumptions because conventional mortgages are not assumable without the prior written consent of the lender. However, if interest rates increase we may see assumptions for VA and FHA loans. This is now a new stand-alone form which describes all of the terms of the mortgage to be assumed and makes the transaction contingent on the lender's approval of the assumption if such approval is required lender.

Short Sale/Pre-Foreclosure Addendum to Exclusive Right of Listing Agreement.

• On page 1, in paragraph three, the words "Closing Disclosure or a settlement statement" have replaced the words "HUD 1 Settlement Statement". The same change was made in paragraph 5C on page 1.
• On page 2, the words Settlement Statement were replaced with "A preliminary Closing Disclosure or a closing statement". T
• he third page, which is the signature page, has been reformatted. There are now four seller lines and lines for Preferred Contact Information.

Brokerage Compensation Agreement. 

• This is a form used for a one time listing. On page 1, after the word SELLER, the following was added "(name(s) as reflected on deed, or if individual(s), government issued photo ID...'' 
• Page 2 is the signature page. It has been reformatted and now has four seller lines and lines for Preferred Contact Information.

Change Authorization Amendment to Exclusive Right of Sale Listing Agreement.

• The title of the form has changed. The prior title was "Change Request Amendment." It is not a request but rather an authorization.

Seller’s Waiver of   Entry into the NEFMLS Addendum to Exclusive Right of Sale Listing Agreement. 

• This form was first created by NEFMLS late in 2014. The few changes were for grammar and style.

My Listings Gadget Enhancement on Flexmls & Expiring Notifications Sent Daily

On February 4, two feature improvements will be released: (1) Where applicable, the My Listings gadget will display Active with Contingency and Pending with Contingency statuses as separate from Active and Pending listings; and (2) expiration notices for expiring listings will be sent to you daily up to one week before the expiration date. In addition to these changes, you will also see that the latest version of the Flexmls app will be relabeled as Flexmls Pro. My Listings Gadget includes Active/Pending with Contingency Statuses If your MLS treats Active with Contingency and Pending with Contingency as their own searchable statuses, you will see Active with Contingency and Pending with Contingency listings as separate line items in the My Listings Gadget.   This new feature makes the My Listings Gadget a good place for selling members, offices, and companies to find all of their sell-side contingent listings. Please Note: On the My Listings gadget, Active with Contingency and Pending with Contingency listings will not show in the count for Active or Pending listings. Expiring Listing Notifications Sent Daily If you have turned on notification emails for expiring listings, these notifications will be sent to you once per day, for up to seven days before the listing expires. If you set the expiration notification to send more than a week before listings expire, it will send once on the requested date, then once per day starting 7 days before the listing is set to expire. To access this preference, go to the Preferences menu and select General Preferences. Then, under Expiring Listing Notifications, check the box to Send email notification of expiring listings once per day for X number of days before the expiration date. The default is to start sending notifications seven days before the expiration date, but you can set the number of days by clicking in the box and entering a new number. Expiration notifications will be sent daily, for up to seven days before the listing expires. If you set the number of days before expiration to 8 or more, you will receive one expiring listing notification the set number of days before listings expire. Then, 7 days before the expiration date, you will begin to recieve daily expiration notifications. Flexmls iPhone and Android App - Renamed Flexmls Pro The latest version of Flexmls for Android has been relabeled Flexmls Pro in the Google Play Store and on your Android devices. On January 25, the Apple App Store will also display the app as Flexmls Pro. This change will differentiate it from the upcoming consumer version of the Flexmls app. Expect a full announcement detailing the consumer app in a few weeks, but until then, know that the app will allow your contacts to receive push notifications for new listings on their iPhone, manage their subscriptions and news feed, and keep track of their favorite listings.