Use of “Buyer to Verify” in Client or Brokerage Remarks

Is it acceptable to state “Buyer to Verify” in Client or Brokerage Remarks?

No.

All Members are responsible for the accuracy of all information submitted to the MLS® System, including listing details, images, and all supporting documentation. Language that shifts responsibility to the buyer or diminishes the listing salesperson’s obligations is not permitted under MLS® Rule 3.01.

Non-Permissable Language

The following examples are not allowed, as they transfer responsibility to the buyer:

  • “All measurements, taxes, fees and lot sizes are to be verified by the Buyer”
  • “Room measurements are approximate and to be verified by the buyer”
  • “Buyer to verify all information”
  • “Buyer to confirm”
  • “Buyer to do own due diligence regarding measurement”
  • “Buyer to verify zoning”

Permissible Language

The following examples are acceptable:

  • “Sold as is”
  • “Buyer can verify” (this is permissive language and does not reduce the Member’s responsibility)

Data Compliance Monitoring

LSTAR now has access to a listing data compliance checker that uses AI to actively scan listings for potential MLS® Rule breaches, 3.01 is included in this. As a result, every listing in the MLS® System is checked.

Enforcement and Penalties

MLS® Rule 3.01 falls under Article 6 – Early Complaint Resolution (ECR) of the Arbitration and Professional Standards Policies. Members may be given an opportunity to correct issues; however, repeated or ongoing breaches may result in direct referral to Professional Standards.

This rule also falls under Article 7 – Special Administrative Penalties:

  • First Breach - $1000.00
  • Second Breach - $2000.00

Members are asked to avoid using non-permissible language and to review their listings to ensure they are compliant. Your attention to this and continued cooperation are appreciated.