It has been brought to our attention that the SFAR MLS has been receiving requests from members to remove MLS photos shortly after a listing has closed.
The Following Has Been Prepared By SFAR Legal Counsel, Alex Weyand:
Unfortunately, the SFAR MLS cannot comply with these requests.
It is prohibited by law. California Civil Code section 1088(c) regulates and prohibits all MLSs statewide from deleting information, including photos, after close of escrow for a period of 3 years from the listing date.
“A multiple listing service shall retain and make accessible on its computer system, if any, all listing and other information placed in the multiple listing service by an agent or appraiser for no less than three years from the date the listing was placed in the multiple listing service.” (Cal. Civ. Code, § 1088(c).)
SFAR and its MLS staff must follow the law.
SFAR’s MLS staff thus cannot remove any photos placed in the MLS for 3 years from the listing date, no exceptions.
Please be understanding in your dealings with SFAR MLS staff on this point. This is not their choice; it is the mandate of the California Legislature.
Thank you for your consideration regarding the above.