We have added a new Q&A to the Privacy Compliance Corner as follows:
Question: What Active Listing information from the MLS® System can I share with my clients?
Answer: You are entitled to share non-confidential MLS® data regarding an Active Listing in the MLS® System with your clients with whom you have established an agency relationship. An "Active" Listing refers a listing where the listed property is available for showings, inspections and registration of offers for purchase or lease. Non-confidential MLS® data includes listing and property information contained in a Client Full Listing Report or a Property Match Report or that is published on realtor.ca.
You may not share with your clients confidential MLS® data which is intended exclusively for internal use by Authorized Users of the MLS® System including the compensation offered to cooperating brokerages, the seller's name and contact information (unless otherwise directed by the seller to do so), instructions or remarks intended for cooperating brokers only (such as those regarding showings, security or occupancy of the listed property including instructions for access or when the property will be empty or occupied), the seller's mortgage information, and the sale price of pending solds (including Listings where the seller and buyer have entered into an agreement that has not yet closed).
A Broker Full Listing Report is intended solely for internal use by Authorized Users of the MLS® System and, as it contains confidential MLS® data of the nature described above, it may not be shared with your clients or others. If a Member distributes confidential MLS® data for Active Listings, whether in the form of Broker Full Listing Reports or otherwise, at open houses or in any other manner to clients or consumers, that Member may be found in violation of the Authorized User Agreement (AUA), the MLS® Rules and Policies, the RECO Code of Ethics and/or applicable privacy laws.
If TREB receives a specific complaint with adequate details from a Member or other person alleging such a violation of the AUA or MLS® Rules and Policies by a Member, TREB will treat the matter as a Professional Standards complaint and respond accordingly. If the complainant alleges a violation of the RECO Code of Ethics, TREB will direct the complainant to file a complaint with RECO to be addressed by that body. If the complainant alleges a breach of privacy or raises privacy concerns, TREB will direct the complainant to contact the Member in question and/or to file a complaint with the Privacy Commissioner of Canada. TREB takes compliance with the AUA, MLS® Rules and Policies, the RECO Code of Ethics and applicable privacy laws seriously and encourages any complainant to report any known violation to TREB or the appropriate body so that appropriate action may be taken.