Multiple Listing Service Rules & Regulations
GREATER ALEXANDRIA AREA ASSOCIATION OF REALTORS
, INCORPORATED
BYLAWS
Updated March 2010
TABLE OF CONTENTS
Article I Name Pg. 2
Article II Objectives 2
Article III Jurisdiction 2
Article IV Membership 2
Article V Qualification & Election 4
Article VI Privileges & Obligations 7
Article VII Professional Standards & Arbitration 10
Article VIII Use of the Terms REALTOR & REALTORS
10
Article IX State & National Memberships 11
Article X Dues & Assessments 11
Article XI Officers & Directors 13
Article XII Meetings 14
Article XIII Committees 14
Article XIV Indemnification 15
Article XV Fiscal & Elective Year 15
Article XVI Rules of Order 15
Article XVII Amendments 15
Article XVIII Dissolution 15
Article XIX Multiple Listing 16
BYLAWS OF THE GREATER ALEXANDRIA AREA
ASSOCIATION OF REALTORS, INCORPORATED
ARTICLE I - NAME
Section 1. Name. The name of this organization shall be the GREATER
ALEXANDRIA AREA ASSOCIATION OF REALTORS, INCORPORATED,
hereinafter referred to as the "Board".
Section 2. REALTORS. Inclusion and retention of
the Registered Collective Membership Mark REALTORS in the
name of the Board shall be governed by the Constitution and Bylaws of the
NATIONAL ASSOCIATION OF REALTORS as from time to time
amended.
ARTICLE II - OBJECTIVES
The objectives of the Board are:
Section 1. To unite those engaged in the recognized branches of the real estate profession for the purpose of exerting a beneficial influence upon the profession and related interests.
Section 2. To promote and maintain high standards of conduct in the
real estate profession as expressed in the Code of Ethics of the NATIONAL
ASSOCIATION OF REALTORS.
Section 3. To provide a unified medium for real estate owners and those engaged in the real estate profession whereby their interests may be safeguarded and advanced.
Section 4. To further the interests of home and other real property ownership.
Section 5. To unite those engaged in the real estate profession in
this community with the MINNESOTA ASSOCIATION OF REALTORS
and the NATIONAL ASSOCIATION OF REALTORS, thereby
furthering their own objectives throughout the state and nation, and obtaining
the benefits and privileges of membership therein.
Section 6. To designate, for the benefit of the public, those
individuals authorized to use the terms REALTOR and
REALTORS as licensed, prescribed, and controlled by the
NATIONAL ASSOCIATION OF REALTORS.
ARTICLE III - JURISDICTION
Section 1. The territorial jurisdiction of the Board as a Member of
the NATIONAL ASSOCIATION OF REALTORS is:
Todd County except that area north of State Highway 210 from the Ottertail County line straight east to Motley: Douglas County and Pope County.
Section 2. Territorial jurisdiction is defined to mean:
(a) The right and duty to control the use of the terms "REALTOR"
and "REALTORS", subject to the conditions set forth in
these Bylaws and those of the NATIONAL ASSOCIATION OF REALTORS,
in return for which the Board agrees to protect and safeguard the property
rights of the National Association in the terms.
ARTICLE IV - MEMBERSHIP
Section 1. There shall be six classes of Members as follows:
(a) REALTOR Members. REALTOR
Members, whether primary or secondary, shall be:
In the case of a real estate firm, partnership, or corporation, whose business activity is substantially all commercial, only those principals actively engaged in the real estate business in connection with the same office, or any other offices within the jurisdiction of the board in which one of the firm’s principals holds REALTOR membership, shall be required to hold REALTOR membership unless otherwise qualified for Institute Affiliate Membership as described in Section 1(b) of Article IV. (Amended 1/01)
NOTE: REALTOR members may obtain membership in a
"secondary" Board in another state.
Institute Affiliate Members. Institute Affiliate Members shall be
individuals who hold a professional designation awarded by an Institute
Society, or Council affiliated with the NATIONAL ASSOCIATION OF REALTORS
that addresses a specialty area other than residential brokerage or
individuals who otherwise hold a class of membership in such Institute,
society or Council that confers the right to hold office. Any such
individual, if otherwise eligible, may elect to hold REALTOR®
membership, subject to payment of applicable dues for such membership.
Affiliate Members. Affiliate Members shall be real estate owners
and other individuals or firms who, while not engaged in the real estate
profession as defined in paragraphs (a), (b) or (c) of this Section,
have
interests directly related to the real estate profession.
i.e. Abstracting/Closing/Title companies, Lenders, Surveyors, Real Estate Attorneys, Septic System Testers, Water Testers and Home Inspectors, Home Stagers, Photographers, Virtual Tour Co.
Public Service Members.
Public Service Members shall be individuals who are interested in the real estate profession as employees of or affiliated with educational, public utility, governmental or other similar organizations, but are not engaged in the real estate profession on their own account or is association with an established real estate business.Honorary Members. Honorary Members shall be individuals not engaged in the real estate profession who have performed notable service for the real estate profession, for the Association, or for the public.
Student Members. Student Members shall be individuals who are seeking an undergraduate or graduate degree with a specialization or major in real estate at institutions of higher learning, and who have completed at least two years of college and at least one college level course in real estate, but are not engaged in the real estate profession on their own account or nor associated with as established real estate office.
ARTICLE V - QUALIFICATION AND ELECTION
Section 1. Application.
(a) An application for membership shall be made in such manner and form as
may be prescribed by the Board of directors and made available to anyone
requesting it. The application form shall contain among the statements to be
signed by the applicant (1) that applicant agrees as a condition to membership
to thoroughly familiarize himself with the Code of Ethics of the NATIONAL
ASSOCIATION OF REALTORS, the Constitutions, Bylaws, and
Rules and Regulations of the local Association, the State and National
Associations, and if elected a Member, will abide by the Constitutions and
Bylaws and Rules and Regulations of the local Association, State and National
Association, and if a REALTOR, will abide by the Code of
Ethics of the NATIONAL ASSOCIATION OF REALTORS including
the obligation to arbitrate controversies arising out of real estate
transactions as specified by Article 17 of the Code of Ethics, and as further
specified in the Code of Ethics and Arbitration Manual of the NATIONAL
ASSOCIATION OF REALTOR, as from time to time amended and
(2) that applicant consents that the Association, through its Membership
Committee or otherwise, may invite and receive information and comment about
applicant from any Member or other person, and that applicant agrees that any
information and comment furnished to the Association by any person in response
to the invitation shall be conclusively deemed to be privileged and not form the
basis of any action for slander, libel or defamation of character. Applicant
shall, with the form of application, have access to a copy of the Bylaws,
Constitution, rules and Regulation, and Code of Ethics referred to above.
Section 2. Qualification.
(*) NO RECENT OR PENDING BANKRUPTCY is intended to mean that the applicant or any real estate firm in which the applicant is sole proprietor, general partner, or corporate officer, or branch office manager is not involved in any pending bankruptcy or insolvency proceedings or, has not been adjudged bankrupt in the past three (3) years. If a bankruptcy proceeding as described above exists, membership may not be rejected unless the Board establishes that its interests and those of its members and the public could not be adequately protected by requiring that the bankrupt applicant pay cash in advance for Board and MLS fees for up to one (1) year from the date that membership is approved or from the date that the applicant is discharged from bankruptcy (whichever is later). In the event that an existing member initiates bankruptcy proceedings, the member may be placed on a "cash basis" from the date that bankruptcy is initiated until one (1) year from the date that the member has been discharged from bankruptcy.
(**) NO RECORD OF OFFICIAL SANCTIONS INVOLVING UNPROFESSIONAL CONDUCT is intended to mean that the Board may only consider:
NOTE 1: One or more of the requirements for REALTOR® membership set forth above in Article V, Section 2(a) may be3 deleted at the association’s discretion. However, associations may NOT adopt membership qualifications more rigorous than specified in the Membership Qualification Criteria for REALTOR® Membership, approved by the Board of Directors of the National Association.
NOTE 2: Article IV, Section 2, of the NAR Bylaws prohibits Member Boards from knowingly granting REALTORÒ membership to any applicant who has an unfulfilled sanction pending which was imposed by another Board or Association of REALTORSÒ for violation of the Code of Ethics. (Adopted 1/01)
Section 3. Election.
The procedure for election to membership shall be as follows:
(a) Applicants for REALTOR (and REALTOR-ASSOCIATE,
where applicable) membership shall be granted provisional membership immediately
upon submission of a completed application form and remittance of applicable
association dues and any application fee. Provisional members shall be
considered REALTORS ( or REALTOR-ASSOCIATES
) and shall be subject to all of the same privileges and obligations of
membership. Provisional membership is granted subject to subsequent review of
the application by the Board of Directors. If the Board of Directors determined
that the individual does not meet all of the qualifications for membership as
established in the association's bylaws, or , if the individual does not satisfy
all of the requirements of membership (for example, completion of a mandatory
orientation program) within 12 months from the association's receipt of
their application, membership may, at the discretion of the Board of Directors,
be terminated.
(b) Dues shall be computed from the date of application and shall be non-refundable unless the association's Board of Directors terminated the individual's membership in accordance with subsection (a) above. In such instances, dues shall be returned to the individual less a prorated amount to cover the number of days that the individual received association services and any application fee.
(c) The Board of Directors may not terminate any provisional membership without providing a provisional member with advance notice and an opportunity to appear before the Board of Directors, to call witnesses on his behalf, to be represented by counsel, and to make such statements as he deems relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it or may electronically or mechanically record the proceedings.
(d) If the Board of Directors determines that provisional membership shall be terminated, it shall record its reasons with the Chief Staff Executive. If the Board of Directors believes that termination of provisional membership may become the basis of litigation and a claim of damage by a provisional member, it may specify that termination shall become effective upon entry in a suit by the Board for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the termination violates no rights of the individual.
Section 4. New Member Code of Ethics Orientation: Applicants for REALTORÒ membership and provisional REALTORÒ members (where applicable) shall complete an orientation program on the Code of Ethics of not less then two hours and thirty minutes of instructional time. This requirement does not apply to applicants for REALTORÒ membership or provisional members who have completed comparable orientation in another association, provided that REALTORÒ membership has been continuous, or that any break in membership is for one year or less.
Section 5. Continuing Member Code of Ethics Training: Effective January 1, 2001, through December 31, 2002, and for successive two year periods thereafter, each REALTORÒ member of the association shall be required to complete ethics training of not less than two (2) hours of instructional time. This requirement will be satisfied upon presentation of documentation that the member has completed a course of instruction conducted by this or another association, the State Association of REALTORSÒ , the NATIONAL ASSOCIATION OF REALTORSÒ , or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the NATIONAL ASSOCIATION OF REALTORSÒ from time to time. REALTORÒ members who have completed training as a requirement of membership in another association and REALTORÒ members who have completed the New Member Code of Ethics Orientation during any two year cycle shall not be required to complete additional ethics training until a new two year cycle commences.
Section 5.1 Continuing Code of Ethics Training:
Effective January 1, 2011 through December 31, 2013, and for successive two year periods thereafter, each REALTOR® Principal member of the Association shall be required to complete broker ethics training comprised of not less than three (3) hours of instructional time. The requirement will be satisfied upon presentation to the Association of documentation that the REALTOR® Principal has completed a course of instruction conducted by this Association or the Minnesota Association of REALTORS® that meets the learning objectives and minimum criteria established by the Minnesota Association of REALTORS®.
Failure to satisfy this requirement shall be considered a violation of membership duty for which the REALTOR® Principal shall be suspended until such time training is completed.
Section 6. Status Changes.
(a) A REALTOR who changes the conditions under which he
holds membership shall be required to provide written notification to the Board
within 30 days. A REALTOR (non-principal) who becomes a
principal in the firm with which he has been licensed or, alternatively, becomes
a principal in a new firm which will be comprised of REALTOR
principals may be required to satisfy any previously unsatisfied membership
requirements applicable to REALTOR (principal) Members but
shall, during the period of transition from one status of membership to another,
be subject to all of the privileges and obligations of a REALTOR
(principal). If the REALTOR (non-principal) does not
satisfy the requirements established in these Bylaws for the category of
membership to which they have transferred within 30 days of the date they
advised the Association of their change in status, their new membership
application will terminate automatically unless otherwise so directed by the
Board of Directors.
NOTE: The Board of Directors, at its desecration, may waive any qualification, which the applicant has already fulfilled in accordance with the Association's Bylaws.
ARTICLE VI - PRIVILEGES AND OBLIGATIONS
Section 1. The privileges and obligations of Members, in addition to those otherwise provided in these Bylaws shall be specified in this Article.
Section 2. Any Member of the Board may be reprimanded, fined, placed
on probation, suspended, or expelled by either the Board of Directors of the
Board or a Tribunal of the Minnesota Association of REALTORS
acting on behalf of the Board of Directors of the Minnesota Association of
REALTORS for a violation of these Bylaws and Board Rules
and Regulations not inconsistent with these Bylaws, after a hearing as provided
in the Code of Ethics and Arbitration Manual of the Board NATIONAL
ASSOCIATION of REALTORS. Although Members other than
REALTORS are not subject to the Code of Ethics nor its
enforcement by the Board, such members are encouraged to abide by the principles
established in the code of Ethics of the NATIONAL ASSOCIATION OF REALTORS
and conduct their business and Professional practices accordingly.
Further, Members other than REALTORS may, upon
recommendation of the Membership Committee, of the Board and the Board of
Directors of the Board, or upon recommendation by a hearing panel of the
Minnesota Association of REALTORS Professional Standards
Committee, be subject to discipline as described above, for any conduct, which
in the opinion of the Board of Directors, applied on a nondiscriminatory basis,
reflects adversely on the terms "REALTOR" or "REALTORS",
and the real estate industry, or for conduct that is inconsistent with or
adverse to the objectives and purposes of the Local Board, the State
Association, and the NATIONAL ASSOCIATION OF REALTORS.
Section 3. Any REALTOR of the Board may be
disciplined by the Tribunal of the Minnesota Association of REALTORS
for violations of the Code of Ethics. Any REALTOR Member
of the Board may be disciplined by the Board of Directors for other duties of
membership, after a hearing as described in the Code of Ethics and
Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS,
provided that the discipline imposed is consistent with the discipline
authorized by the Professional Standards Committee of the NATIONAL ASSOCIATION
OF REALTORS as set forth in the Code of Ethics and
Arbitration Manual of the National Association.
Section 4. Resignations of Members shall become effective when received in writing by the Board of Directors, provided, however, that if any Member submitting the resignation is indebted to the Board for dues, fees, fines, or other assessments of the Board or any of it services, departments, divisions, or subsidiaries, the Board may condition the right of the resigning Member to reapply for membership upon payment in full of all such monies owed.
Section 5. If a Member resigns from the Board or otherwise causes membership to terminate with an ethics complaint pending, that Board of Directors may condition the right of the resigning Member to reapply for membership upon the applicant's certification that he/she will submit to the pending ethics proceeding and will abide by the decision of the hearing.
(a) If a member resigns or otherwise causes membership to terminate, the duty to submit to arbitration continues in effect even after membership lapses or is terminated, provided that the dispute arose while the former member was a REALTOR
.Section 6. REALTOR Members. REALTOR
Members, whether primary or secondary, in good standing whose financial
obligations to the Board are paid in full shall be entitled to vote and to hold
elective office in the Board; may use the terms "REALTOR"
and "REALTORS", which use shall be subject to the
provisions of Article VIII; and have the primary responsibility to safeguard and
promote the standards, interests, and welfare of the Board and the real estate
profession.
(a) If a REALTOR Member is a principal in a firm,
partnership, or corporation and is suspended or expelled, the firm, partnership,
or corporation shall not use the terms "REALTOR" or
"REALTORS" in connection with its business during the
period of suspension, or until re-admission to REALTOR
Membership, or unless connection with the firm, partnership, or corporation is
severed, whichever may apply. The membership of all other principals, partners,
or corporate officers shall suspend or terminate during the period of suspension
of the disciplined Member with the firm, partnership, or corporation is severed,
whichever may apply, or unless the REALTOR who is
suspended or expelled removes himself from any form or degree of management
control of the firm for the term of the suspension or until re-admission to
membership, whichever may apply. Removal of an individual from any form or
degree of management control must be certified to the Board by the Member who is
being suspended or expelled and by the individual who is assuming management
control, and the signatures of such certification must be notarized. In the
event the suspended or expelled Member is so certified to have relinquished all
form or degree of management control of the firm, the membership of the other
partners, corporate officers, or other individuals affiliated with the firm
shall not be affected, and the firm, partnership or corporation may continue to
use the terms "REALTOR" and "REALTORS"
in connection with its business during the period of suspension or until the
former Member is admitted to membership in the Board. The foregoing is not
intended to preclude a suspended or expelled Member from functioning as a
employee or independent contractor, providing no management control is
exercised. Further, the membership of REALTORS other than
principals who are employed by or affiliated as independent contractors with the
disciplined Member shall suspend or terminate during the period of suspension of
the disciplined Member or until re-admission of the disciplined Member, or
unless connection of the disciplined with the firm, partnership, or corporation
is severed, or management control is relinquished, or unless the REALTOR
Member (non-principal) elects to sever his connection with the REALTOR
and affiliate with another REALTOR Member in good standing
in the Association, whichever may apply.
If a REALTOR member other than a sole proprietor in a
firm, partner in a partnership, or an officer of a corporation is suspended or
expelled the use of the terms "REALTOR" or "REALTORS"
by the firm, partnership or corporation shall not be affected.
(b) In any action taken against a REALTOR Member for
suspension or expulsion under Section 6 (a) hereof, notice of such action shall
be given to all REALTORS employed by or affiliated as
independent contractors with such REALTOR Member and they
shall be advised that the provisions in Article VI, Section 6 (a) shall apply.
Section 7. Institute Affiliate Members. Institute affiliate Members shall
have rights and privileges and be subject to obligations prescribed by the Board
of Directors consistent with the Constitution and Bylaws of the NATIONAL
ASSOCIATION OF REALTORS.
NOTE: Local associations establish the rights and privileges to be conferred on Institute Affiliate Members except that no Institute Affiliate Member may be granted the right to use the term REALTOR, REALTOR-ASSOCIATE, or the REALTOR logo; to serve as President of the local association; or to be a participant in the local association’s Multiple Listing Service..
Section 8. Affiliate Members. Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors. Only one affiliate membership is required per firm, regardless of number of employees.
Section 9. Public Service Members. Public Service Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.
Section 10. Honorary Members. Honorary Membership shall confer only the right to attend meetings and participate in discussions.
Section 11. Student Members. Student Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.
Section 12. Certification by REALTOR.
"Designated" REALTOR Members of the Board shall certify to
the Board by the 1st of September, on a form provided by the Board, a complete
listing of all individuals licensed or certified in the REALTORS
office(s) and shall designate a primary Board for each individual who holds
membership. Designated REALTORS shall also identify any
non-member licensees in the REALTORS office(s) and if
Designated REALTOR dues have been paid to another Board
based on said non-member licensees, the designated REALTOR
shall identify the Board to which dues have been remitted. These declarations
shall be used for purposes of calculating dues under Article X, Section 2 (a) of
the Bylaws. "Designated" REALTOR Member shall also notify
the Board of any additional individual(s) licensed or certified with the firm(s)
within 30 days of the date of affiliation or severance of the individual.
Section 13. Legal liability Training. Within two years of the date of
election to membership, and every two (2) years thereafter, each REALTOR
Member of the Board shall be required to demonstrate that they have completed a
course of instruction on anti-trust laws, agency laws, civil rights , and a 2
hour course on the "Code of Ethics", its interpretation and meaning and/or the
procedures related to it enforcement. Designated Brokers must demonstrate that
they have taken the 3.5 hour Broker Code of Ethics course commencing 2011.
This requirement will be considered satisfied upon presentation of evidence
that the member has completed an educational program conducted by another Member
Board, the State Association of REALTORS or any of its
affiliated institutes which, in the opinion of the Board of Directors, is an
adequate substitute for the training programs conducted by the Association.
Failure to satisfy this requirement biennially will result in membership being suspended from the date it otherwise would be renewed until such time that the member provides evidence of completion of the aforementioned educational requirements.
NOTE: Any education requirement must comply with Interpretation No. 37 of
Article I, Section 2, Bylaws, NATIONAL ASSOCIATION OF REALTORS.
(NOTE: Suggested procedures for processing complaints of harassment are available online through http://www.REALTOR.org, or from the Member Policy Department. (Amended 5/08).)
Section 15. REALTORâ Personal Assistant/Clerical. REALTORâ Personal Assistant/Clerical Members shall not be entitled to vote or hold an elected or appointed position in the Association and may use the terms REALTORâ and REALTORSâ , which use shall be subject to the provision of Article VIII.
ARTICLE VII - PROFESSIONAL STANDARDS AND ARBITRATION
Section 1. "The responsibility of the Board and of Board Members
relating to the enforcement of the Code of Ethics, the disciplining of Members,
and the arbitration of disputes, and the organization and procedures incident
thereto, shall be governed by the Code of Ethics and Arbitration Manual
of the NATIONAL ASSOCIATION OF REALTORS, as amended from
time to time, which is by this reference incorporated into these Bylaws,
provided, however, that any provision deemed inconsistent with state law shall
be deleted or amended to comply with state law."
(a) The enforcement of the Code of Ethics, the disciplining of Members, the
arbitration of disputes, and the organization and procedures incident thereto
shall be carried out by the Minnesota Association of REALTORS
and shall be governed b the Code of Ethics and Arbitration Manual of the
NATIONAL ASSOCIATION OF REALTORS.
(b) The President shall forward to the Minnesota Association of REALTORS
the names of interested REALTOR Members who are willing to
serve on the M.A.R. Grievance Committee and Professional Standards Committee.
such Members will be subject to the Member Criteria and annual training as
required by the Minnesota Association of REALTORS.
Section 2. It shall be the duty and responsibility of every REALTOR
Member of this Board to abide by the Constitution and Bylaws and the Rules and
Regulations of the Local Board, the Constitution and Bylaws of the State
Association, the Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS,
and to abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS,
including the duty to arbitrate controversies arising out of real estate
transactions as specified by Article 17 of the Code of Ethics, and as further
defined and in accordance with the procedures set forth in the Code of Ethics
and Arbitration Manual of this Board as from time to time amended.
Section 3. The responsibility of the Board and the Board members relating to the enforcement of the Code of Ethics, the disciplining of members, the arbitration of disputes, and the organization and procedures incident thereto, shall be consistent with the cooperative professional standards enforcement agreement entered into by the Board, which by this reference is made a part of these Bylaws.
ARTICLE VIII - USE OF THE TERMS REALTOR
AND REALTORS
Section 1. Use of the terms REALTOR and REALTORS
by Members shall, at all times, be subject to the provisions of the Constitution
and Bylaws of the NATIONAL ASSOCIATION OF REALTORS and to
the Rules and Regulations prescribed by its Board of Directors. The Board shall
have the authority to control, jointly and in full cooperation with the NATIONAL
ASSOCIATION OF REALTORS, use of the terms within its
jurisdiction.
Section 2. REALTOR
Members of
the Board shall have the privilege of using the terms "REALTOR"
and "REALTORS" in connection with their places of business
within the State or a state contiguous thereto so long as they remain REALTOR
Members in good standing. No other class of Members shall have this privilege.
Section 3. A REALTOR Member who is a principal
of a real estate firm, partnership, or corporation may use the terms REALTOR
and REALTORS only if all the principals of such firm,
partnership, or corporation who are actively engaged in the real estate
profession within the State or a state contiguous thereto are REALTOR
Members of the Board or Institute Affiliate Members as directed in Section 1 (b)
of Article IV.
(a.) In the case of a REALTOR member who is a principal of a real estate firm, partnership, or corporation whose business activity is substantially all commercial, the right to use the term REALTOR or REALTORS shall be limited to office locations in which a principal, partner, corporate officer, or branch office member of the firm, partnership, or corporation holds REALTOR membership. If a firm, partnership or corporation operates additional places of business in which no principal, partner, corporate officer, or branch office manager holds REALTOR membership, the term REALTOR or REALTORS may not be used in any reference to those additional places of business. (Amended 1/01)
Section 4. Institute Affiliate Members shall not use the terms
"REALTOR" or "REALTORS", nor the
imprint of the emblem seal of the NATIONAL ASSOCIATION OF REALTORS.
ARTICLE IX - STATE AND NATIONAL MEMBERSHIPS
Section 1. The Board shall be a Member of the NATIONAL ASSOCIATION OF
REALTORS and the MINNESOTA ASSOCIATION OF REALTORS.
By reason of the Board's Membership, each REALTOR Member
of the Member Board shall be entitled to membership in the NATIONAL ASSOCIATION
OF REALTORS and the MINNESOTA ASSOCIATION OF REALTORS
without further payment of dues. The Local Board shall continue as a Member of
the State and National Associations, unless by a majority vote of all its
REALTOR Members, decision is made to withdraw, in which
case the State and National Associations shall be notified at least one month in
advance of the date designated for the termination of such membership.
Section 2. The Board recognizes the exclusive property rights of the
NATIONAL ASSOCIATION OF REALTORS in the terms "REALTOR"
and "REALTORS". The Board shall discontinue use of the
terms in any form in its name, upon ceasing to be a Member of the National
Association, or upon a determination by the Board of Directors of the National
Association that it has violated the conditions imposed upon the terms.
Section 3. The Local Board adopts the Code of Ethics of the NATIONAL
ASSOCIATION OF REALTORS and agrees to enforce the Code
among its REALTOR Members. The Local Board and all of its
Members agree to abide by the Constitution, Bylaws, and Rules and Regulations,
and policies of the National Association and the MINNESOTA ASSOCIATION OF
REALTORS.
ARTICLE X - DUES AND ASSESSMENTS
Section 1. Application fee. The Board of Directors may adopt an
application fee for REALTOR Membership in reasonable
amount, not exceeding three times the amount of the annual local dues for
REALTOR Membership, which shall be required to accompany
each application.
Section 2. Dues. The annual dues of Members shall be as follows:
a) REALTOR® Members. The annual dues of each Designated REALTOR® Member shall be in such amount as established annually by the Board of Directors, plus an additional amount to be established annually by the Board times the number of real estate salespersons and licensed or certified appraisers who
(1) are employed by or affiliated as independent contractors, or who are otherwise directly or indirectly licensed with such REALTOR Member, and (2) are not REALTOR
Members of any Board in the state or a state contiguous thereto, or a REALTORâ
Personal Assistant/Clerical Member of the Board, or Institute Affiliate Members
of the Board. In calculating the dues payable to the Board by a Designated
REALTOR member, non-member licensees as defined in (1) and
(2) of this paragraph shall not be included in the computation of dues if the DR
has paid dues on said non-member licensees in another Board in the state or a
state contiguous thereto, provided the Designated REALTOR
notifies the Board in writing of the identity of the Board to which dues have
been remitted. In the case of a Designated REALTOR Member is a firm,
partnership, or corporation whose business activity is substantially all
commercial, any assessments for non-member licensees shall be limited to
licensees affiliated with the Designated REALTOR (as defined in (1) and (2) of
this paragraph) in the office where the Designated REALTOR holds membership, and
any other offices of the firm located within the jurisdiction of this board.
*(Amended 1/01)
(1) For the purpose of this Section, a REALTOR Member
of a Member Board shall be held to be any member who has a place or places of
business within the State or a state contiguous thereto and who, as a principal,
partner, corporate officer or branch office manager of a real estate firm,
partnership, or corporation is actively engaged in the real estate profession as
defined in Article III, Section 1, of the Constitution of the NATIONAL
ASSOCIATION OF REALTORS. An individual shall be deemed to
be licensed with a REALTOR if the license of the
individual is held by the REALTOR, or by any broker who is
licensed with the REALTOR, or by any entity in which the
REALTOR has a direct or indirect ownership interest and
which is engaged in other aspects of the real estate business (except as
provided for in Section 2 (a) (1) hereof) provided that such licensee is not
otherwise included in the computation of dues payable by the principal, partner,
or corporate officer, or branch office manager of the entity.
(b) The annual dues of REALTOR Members other than the
Designated Realtor, shall be established annually by the Board of Directors.
( c ) Institute Affiliate Members: The annual dues of each Institute Affiliate Member shall be as established in Article II of the Bylaws of the NATIONAL ASSOCIATION OF REALTORS.
NOTE: The Institutes, Societies and Councils of the National Association shall be responsible for collecting and remitting dues to the National Association for Institute Affiliate Members ($75.00) The National Association shall credit $25.00 to the account of a local association for each Institute Affiliate Member whose office address is within the assigned territorial jurisdiction of that association, provided, however, if the office location is also within the territorial jurisdiction of a Commercial Overlay Board (COB), the $25.00 amount will be credited to the COB, unless the Institute Affiliate Member directs that the dues be distributed to the other board. The National Association shall also credit $25.00 to the account of state associations for each Institute Affiliate Member whose office address is locat4dwithin the territorial jurisdiction of the state association. Local and state associations may not establish any additional entrance, initiation fees or dues for Institute Affiliate Members, but may provide service packages to which Institute Affiliate Members may voluntarily subscribe.
Section 3. Dues Payable. Dues for all members shall by payable annually in advance of the first day of October. If any member has not paid the Association Annual Dues Renewal by Oct. 15th a financial penalty will be assessed Dues for new members shall be computed from the first day of the month in which a Member is notified of election and shall be prorated for the remainder of the year.
(a) In the event a sales licensee, or licensed or certified appraiser, who
holds REALTOR membership is dropped for nonpayment of
Board dues, and the licensee remains with the "designated" REALTORS
firm, the dues obligation of the "designated" REALTOR (as
set forth in Article X, Section 2, a) will be increased to reflect the addition
of a non-member licensee. Dues shall be calculated from the first day of the
current fiscal year and are payable within 30days of the notice of termination.
Section 4. Nonpayment of Financial Obligations. If fees, fines, or other assessments including amounts owed to the Board's Multiple Listing Service are not paid within one (1) month after the due date, the non-paying Member is subject to suspension at the discretion of the board of directors. Two (2) months after due date, membership of the nonpaying member may be terminated at the discretion of the board of directors. Three (3) months after the due date, membership of the non-paying Member shall automatically terminate unless within that time the amount due is paid. However, no action shall be taken to suspend or expel a Member for nonpayment of disputed amounts until the accuracy of the amount owed has been confirmed by the Board of Directors. A former Member who has had his membership terminated for nonpayment of dues, fees, fines, or other assessments duly levied in accordance with the provisions of these Bylaws or the provisions of other Rules and regulations of the Board or any of its services, departments, divisions or subsidiaries may apply for reinstatements in a manner prescribed for new applicants for membership, after making payment in full of all accounts due as of the date of termination.
Section 5. Deposit. All monies received by the Board for any purpose shall be deposited to the credit of the Board in a financial institution or institutions selected by resolution of the Board of Directors.
Section 6. Expenditures. The Chief Staff Executive shall administer the day to day finances of the Board. Capital expenditures in excess of $100.00 may not be made unless authorized by 51% of the Board Members present at the meeting.
Section 7. Notice of Dues, Fees, Fines, Assessments, and Other Financial Obligations of Members. All dues, fees, fines, and assessments, or other financial obligations to the Board or Board Multiple Listing Service shall be notified to the delinquent Board Member, in writing
/electronically setting forth the amount owed and due date.Section 8. The dues of REALTOR Members who are
REALTOR Emirate (as recognized by the National
Association), Past Presidents of the National Association or recipients of the
Distinguished Service Award shall be as determined by the Board of Directors.
NOTE: A Member Board's dues obligation to the National Association is reduced
by an amount equal to the amount which the Board is assessed for a REALTOR
Member, times the number of REALTOR Emirate (as recognized
by the National Association), Past Presidents of the National Association, and
recipients of the Distinguished Service Award of the National Association who
are REALTOR Members of the Board. The dues obligation of
such individuals to the Local Board should be reduced to reflect the reduction
in the Board's dues obligation to the National Association. The Board may, at
its option, choose to have no dues requirement for such individuals except as
may be required to meet the Board's obligation to the State Association with
respect to such individuals. Member Boards should determine whether the dues
payable by the Association to the State Association are reduced with respect to
such individuals. It should be noted that this does not affect a "designated"
realtors dues obligation to the Board with respect to those licensees employed
by or affiliated with the "designated" REALTOR who are not
Members of the Local Board.
ARTICLE XI - OFFICERS AND DIRECTORS
Section 1. Officers. The elected officers of the Board shall be: a President, a Vice President, a Secretary, and a Treasurer. The Secretary and Treasurer may be the same person. They shall be elected for terms of one year.
Section 2. Duties of Officers. The duties of the officers shall be
such as their titles, by general usage, would indicate and such as may be
assigned to them by the Board of Directors. It shall be the particular duty of
the Chief Staff Executive to keep the records of the Board and to carry on all
necessary correspondence with the NATIONAL ASSOCIATION OF REALTORS
AND THE MINNESOTA ASSOCIATION OF REALTORS.
Section 3. Board of Directors. The governing body of the Board shall be a Board of Directors consisting of the elective officers, seven active members of the Board the immediate past president, and the immediate MLS Chairman. Directors shall be elected to serve for terms of three years, except that in organization, one-third of the elective Directors shall be elected for terms of one, two, and three years, respectively, or for such lesser terms as may be necessary to complete the first fiscal year. Thereafter, as many Directors shall be elected each year as are required to fill vacancies.
Section 4. Election of Officers and Directors.
(a) At least two (2) months before the annual election, a Nominating
Committee of four (4) REALTOR Members shall be appointed
by the President with the approval of the Board of Directors. The Nominating
Committee shall select candidates(s) + one (1) for each officer and candidate(s)
for each place to be filled on the Board of Directors. (with verbal confirmation
from the candidates) The report of the Nominating Committee shall be mailed or
where permitted by state law, electronically transmitted
to each Member eligible to vote at least three
(3) weeks preceding the election. Additional candidates for the offices to be
filled may be placed in nomination by petition signed by at least 25% of the
REALTOR Members eligible to vote. The petition shall be
filed with the Chief Staff Executive at least two (2) weeks before the election.
The Chief Staff Executive shall send notice of such additional nominations to
all Members eligible to vote before the election.
(b) The election of officers and Directors shall take place at the annual meeting. Election shall be by ballot and all votes shall be cast in person. The ballot shall contain the names of all candidates and the offices for which they are nominated.
(c) The President, with the approval of the Board of Directors, shall appoint
an Election committee of three (3) REALTOR Members to
conduct the election. In case of a tie vote, the issue shall be determined by
lot.
Section 5. Vacancies. Vacancies among the Officers and the Board of Directors shall be filled by a simple majority vote of the Board of Directors until the next annual election.
Section 6. Removal of Officers and Directors. In the event that an Officer or Director is deemed to be incapable of fulfilling the duties for which elected, but will not resign from office voluntarily, the Officer or Director may be removed from office under the following procedure:
(a) A petition requiring the removal of an Officer or Director and signed by not less than one-third of the voting membership or a majority of all Directors shall be filed with the President, or if the President is the subject of the petition, with the next-ranking officer, and shall specifically set forth the reasons the individual is deemed to be disqualified from further service.
(b) Upon receipt of the petition, and not less than twenty (20) days or more than forty-five (45) days thereafter, a special meeting of the voting membership of the Board shall be held, and the sole business of the meeting shall be to consider the charge against the Officer or Director, and to render a decision on such petition.
(c) The special meeting shall be noticed to all voting Members at least ten (10) days prior to the meeting, and shall be conducted by the President of the Board unless the President's continued service in office is being considered at the meeting. In such case, the next-ranking officer will conduct the meeting of the hearing by the Members. Provided a quorum is present, a three-fourths vote of Members present and voting shall be required for removal from office.
ARTICLE XII - MEETINGS
Section 1. Annual Meetings. The annual meeting of the Board shall be held during September of each year, the date, place, and hour to be designated by the Board of Directors.
Section 2. Meetings of Directors. The Board of Directors shall designate a regular time and place of meetings. Absence from three consecutive regular meetings without an excuse deemed valid by the Board of Directors shall be construed as resignation.
Section 3. Other Meetings. Meetings of the Members may be held at other times as the President or the Board of Directors may determine, or upon the written request of at least 25% of the Members eligible to vote.
Section 4. Notice of Meetings. Written notice shall be given to every Member entitled to participate in the meeting at least one (1) week preceding all meetings. If a special meeting is called, it shall be accompanied by a statement of the purpose of the meeting.
Section 5. Quorum. A quorum for the transaction of business at a Board of Directors meeting shall consist of 50% + 1 a majority of directors in attendance eligible to vote. A quorum for the transaction at other meetings (Membership) shall consist of members in attendance eligible to vote.
ARTICLE XIII – COMMITTEES
Section 1. Standing Committees. The President shall appoint from among
the REALTOR Members, subject to confirmation by the Board
of Directors, the following standing committees:
By-Laws Education Finance
Grievance/Equal Opportunity Legislative Membership
MLS Professional Standards Program Public Relations Social
Section 2. Special Committees. The President shall appoint, subject to confirmation by the Board of Directors, special committees as deemed necessary.
Section 3. Organization. All committees shall be of such size and shall have duties, functions, and powers as assigned by the President or the Board of Directors except as otherwise provided in these Bylaws.
Section 4. President. The President shall be an ex-officio member of all standing committees and shall be notified of their meetings.
Section 5. Action without Meeting. Any committee may act by unanimous consent in writing without a meeting. The consent shall be evidenced by one or more written approvals, each of which sets forth the action taken and bears the signature of one or more of the members of the committee.
Section 6. Attendance by Telephone. Members of a committee may participate in any meeting through the use of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Such participation shall be at the discretion of the President and shall constitute presence at the meetings.
ARTICLE XIV - INDEMNIFICATION
Section 1. Any person, including any past, present or future director, officer, committee member, employee or agent of the Association ( or the heirs or legal representatives of any such directors, officer, committee member or employee or agent) made or threatened to be made a party to any action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he/she his/her testator, or intestate, is or was a director, officer, committee member, employee or agent of the Association or performed any service at the request of the Association shall be indemnified by the Association, and the Association advance his/her related expenses in the manner and to the full extent of provided by the law of the state of Minnesota.
ARTICLE XV - FISCAL AND ELECTIVE YEAR
Section 1. The fiscal and elective year of the Board shall be October 1 to September 30.
ARTICLE XVI - RULES OF ORDER
Section 1. Robert's Rules of Order, latest edition, shall be recognized as the authority governing the meetings of the Board, its Board of Directors, and committees, in all instances wherein its provisions do not conflict with these Bylaws.
ARTICLE XVII - AMENDMENTS
Section 1. These Bylaws may be amended by a majority vote of the Members present and qualified to vote at any meeting at which a quorum is present, provided the substance of such proposed amendment or amendments shall be plainly stated in the call for a meeting, except that the Board of Directors may, at any regular or special meeting of the Board of Directors at which a quorum is present, approve amendments to the Bylaws which are mandated by NAR policy
.Section 2. Notice of all meetings at which amendments are to be considered shall be mailed to every member eligible to vote at least one (1) week prior to the meeting.
Section 3. Amendments to these Bylaws affecting the admission or
qualification of REALTOR and Institute Affiliate Members,
the use of the term "REALTOR" and "REALTORS",
or any alteration in the territorial jurisdiction of the Board shall become
effective upon their approval as authorized by the Board of Directors of the
NATIONAL ASSOCIATION OF REALTORS.
ARTICLE XVIII - DISSOLUTION
Section 1. Upon the dissolution of this Board, the Board of Directors,
after providing for the payment of all obligations, shall distribute any
remaining assets to the MINNESOTA ASSOCIATION OF REALTORS
or, within its discretion, to any other nonprofit tax exempt organization.
ARTICLE XIX - MULTIPLE LISTING
Multiple Listing Service Operated as a Committee of the Association
Section 1. Authority. The Board of REALTORS
shall maintain for the use of its Members a Multiple Listing Service which shall
be subject to the Bylaws of the Board of REALTORS and such
Rules and Regulations as may be hereinafter adopted.
Section 2. Purpose. A Multiple Listing Service is a means by which authorized Participants make blanket unilateral offers of compensation to other Participants (acting as subagents, buyer agents, or in other agency or non-agency capacities defined by law); by which cooperation among participants is enhanced; by which information is accumulated and disseminated to enable authorized Participants to prepare appraisals, analyses, and other valuations of real property for bona fide clients and customers; by which Participants engaging in real estate appraisal contribute to common databases; and is a facility for the orderly correlation and dissemination of listing information so participants may better serve their clients and the public. Entitlement to compensation is determined by the cooperating broker’s performance as a procuring cause of the sale (or lease). (Amended 11/04)
Section 3—Participation: Any REALTOR® of this or any other Board who is a principal, partner, corporate officer, or branch office manager acting on behalf of a principal, without further qualification, except as otherwise stipulated in these bylaws, shall be eligible to participate in Multiple Listing upon agreeing in writing to conform to the rules and regulations thereof and to pay the costs incidental thereto.* However, under no circumstances is any individual or firm, regardless of membership status, entitled to Multiple Listing Service "membership" or "participation" unless they hold a current, valid real estate broker’s license and offer or accept compensation to and from other Participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property.** Use of information developed by or published by a Board Multiple Listing Service is strictly limited to the activities authorized under a Participants licensure(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey "participation" or "membership" or any right of access to information developed by or published by a Board
Multiple Listing Service where access to such information is prohibited by law. (Amended 11/08)
Note: Mere possession of a broker's license is not sufficient to qualify for MLS participation. Rather, the requirement that an individual or firm 'offers or accepts cooperation and compensation' means that the Participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of cooperation and compensation made by listing brokers or agents in the MLS. "Actively" means on a continual and on-going basis during the operation of the Participant's real estate business. The „'actively" requirement is not intended to preclude MLS participation by a Participant or potential Participant that operates a real estate business on a part time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a Participant or potential Participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny participation based on the level of service provided by the Participant or potential Participant as long as the level of service satisfies state law.
The key is that the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on the MLS in which participation is sought. This requirement does not permit an MLS to deny participation to a Participant or potential Participant that operates a Virtual Office Website ("VOW") (including a VOW that the Participant uses to refer customers to other Participants) if the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation. An MLS may evaluate whether a Participant or potential Participant "actively endeavors during the operation of its real estate business" to "offer or accept cooperation and compensation" only if the MLS has a reasonable basis to believe that the Participant or potential Participant is in fact not doing so.
The membership requirement shall be applied on a nondiscriminatory manner to all Participants and potential Participants. (Adopted 11/08)
Section 4. Supervision. The activity shall be operated under the supervision of the Multiple Listing Committee, in accordance with the Rules and Regulations, subject to approval of the Board of Directors.
Section 5. Appointment of Committee. The President will assist with
the appoint of committee members. The Multiple Listing Committee will consist of
one (1) Representative per office. All members of the committee shall be
Participants in Multiple Listing except, at the option of the Local Board,
REALTORS affiliated with the Participants may be appointed
to serve in such numbers as determined by the Local Board. The Committee Chair
so named shall serve two-year terms. The Committee shall select its Chairman
from among the members thereof. (The Chairman may be designated by the
President.)
Section 6. Vacancies. Vacancies in unexpired terms shall be filled as in case of original appointees.
Section 7. Attendance. Any Committee Member who fails to attend three (3) consecutive regular or special meetings of the committee, without excuse acceptable to the Chairman of the Committee, shall be deemed to have resigned from the Committee and the vacancy shall be filed as herein provided for original appointees.
Section 8. Access to Comparable and Statistical Information. Realtors® who are actively engaged in real estate brokerage, management, mortgage financing, appraising, land development or building, but who do not participate in the MLS, are nonetheless entitled to receive, by purchase or lease, information other than current listing information that is generated wholly or in part by the MLS including "comparable" information, "sold" information, and statistical reports. This information is provided for the exclusive use of these members and individuals affiliated with these members who are also engaged in the real estate business and may not be transmitted, retransmitted, or provided in any manner to any unauthorized individual, office or firm except as other wise specified in the MLS Rules and Regulations. Board Members who receive such information, either as a Board service or through the Board's MLS, are subject to the applicable provisions of the MLS Rules and Regulations whether they participate in the MLS or not. (Amended 11/04)
Section 9. Subscribers. Subscribers (or users) of the MLS include non-principal brokers, sales associates, personal assistants/clerical staff and licensed or certified appraisers.
(** NOTE: REALTOR
IS A REGISTERED TRADEMARK OF THE NATIONAL ASSOCIATION OF REALTORS.)
Listing Procedures ........................... Pg. 2.
Selling Procedures ........................... Pg. 4.
Refusal to Sell …………………………….. Pg. 5.
Prohibitions ……………………………………….. Pg. 6.
Division of Commissions ................... Pg. 6.
Service Charges ……………………………………… Pg. 8
Compliance with Rules .................... Pg. 8.
Meetings ..................................... Pg. 9.
Personal Assistant/Clerical Member ….. Pg. 9.
Enforcement of Rules or Disputes ........ Pg. 10.
Confidentiality of MLS Information ..... Pg. 10.
Ownership MLS Compilations & Copyrights Pg. 11.
Use of Copyrighted MLS Compilations …… Pg. 11.
Use of MLS Information ................... Pg. 12.
Change in Rules & Regulations ………… Pg. 12.
Standards of Conduct for MLS Participants Pg. 12.
Internet Data Exchange (IDX) ........... Pg. 15.
Data Share Cooperative (DSC) ………… Pg. 17.
Lock Boxes ............................. Pgs. 19
Virtual Office Website (VOW) …… Pg. 21.
LISTING PROCEDURES
Section 1 - Listing Procedures: Listings of real or personal property of the following types, which are listed subject to a real estate broker's license, located within the territorial jurisdiction of the Board of REALTORS and all participating in (SASI) Shared Association Services and Information, taken by Participants on (a) Exclusive Right to Sell Listing and (b) Commercial-Industrial Exclusive Listing Agreement Sale shall be delivered to the Multiple Listing Service within 48 hours with main photo (2 business days, excluding postal holidays and weekends. One exterior photo of the primary property or rendering of the front of a new construction dwelling is to be entered at the time of listing input for all required property types. A plat drawing will be acceptable in place of the photo on Vacant Land,) after all necessary signatures of seller(s) have been obtained.
(Amended 3/06)
(a) Single family homes for sale or exchange
(b) Vacant lots and acreage for sale or exchange
(c) Multi-family residential buildings for sale or exchange
(d) Farms for sale or exchange
(e) Commercial land or businesses for sale or exchange
Any listing a broker takes, of a required property type as defined in these Rules is required to be entered into and disseminated to the participants of this service, not withstanding those listings properly filed with the service but not disseminated (Withheld Listings).
Note 1: The Multiple Listing Service shall not require a Participant to submit listings on a form other than the form the Participant individually chooses to utilize provided the listing is of a type accepted by the Service, although a property data form may be required as approved by the Multiple Listing Service. However, the Multiple Listing Service, through its legal counsel:
1. May reserve the right to refuse to accept a listing form, which fails to adequately protect the interest of the public and the Participants
2. Assure that no listing form filed with the multiple Listing Service establishes, directly or indirectly, any contractual relationship between the Multiple Listing Service and the client (buyer or seller)
The Multiple Listing Service shall accept exclusive right to sell listing contracts and exclusive agency listing contracts, and may accept other forms of agreement which make it possible for the listing broker to offer compensation to the other Participants of the Multiple Listing Service acting as subagents, buyer agents, or both. (Amended 11/96)
The listing agreement must include the seller's written authorization to submit the agreement to the Multiple Listing Service. (Amended 11/96)
The different types of listing agreements include:
(a) exclusive right to sell
(b) exclusive agency
(c) open
(d) net
The Service may not accept net listings because they are deemed unethical and, in most states, illegal. Open listings are not accepted except where required by law because the inherent nature of an open listing is such as to usually not include the authority to cooperate and compensate other borders and inherently provides a disincentive for cooperation. (Amended 4/92)
The exclusive right to sell listing is the conventional form of listing submitted to the Multiple Listing Service in that the seller authorizes the listing broker to cooperate with and to compensate other brokers. (Amended 4/92)
The exclusive agency listing also authorizes the listing broker, as exclusive agent, to offer cooperation and compensation on blanket unilateral bases, but also reserves to the seller the general right to sell the property on an unlimited or restrictive basis. Exclusive agency listings and exclusive right to sell listing with named prospects exempted should be clearly distinguished by a simple designation such as a code or symbol from exclusive right to sell listing with no named prospects exempted, since they can present special risks of procuring cause controversies and administrative problems not posed by exclusive right to sell listing with no named prospects exempted. Care should be exercised to insure that different codes or symbols are used to denote exclusive agency and exclusive right to sell listing with prospect reservations. (Amended 4/92)
Note 2: a Multiple Listing Service does not regulate the type of listings its Members may take. This does not mean that a Multiple Listing Service must accept every type of listing. The Multiple Listing Service shall decline to accept open listings (except where acceptance is required by law) and net listings, and it may limit its service to listings of certain kinds of property. But, if it chooses to limit the kind of listings it will accept, it shall leave its Members free to accept such listings to be handled outside the Multiple Listing Service.
Note 3: A Multiple Listing Service may, as a matter of local option, accept exclusively listed property that is subject to auction. If such listings do not show a listed price, they may be included in a separate section of the MLS compilation of current listings. (Adopted 11/92) We do not accept listings to be sold at Auction in our MLS compilation.
Types of Properties: Following are some of the types of properties that may be published through the Service, including types described in the preceding paragraph that are required to be filed with the Service and other types that may be filed with the Service at the Participant's option provided, however, that any listing submitted entered into within the scope of the Participant's licenser as a real estate broker: (Amended 11/91)
(1) Residential
(2) Commercial
(3) Vacant Land
(4) Farms -Income producing
(5) Multi Family 1-4 units
Section 1.1 Listings Subject to Rules and Regulations of the Service: Any listing taken on a contract to be filed with the Multiple Listing Service is subject to the Rules and Regulations of the Service upon signature of the seller(s).
Section 1.2 Detail on Listings Filed with the Service: A listing agreement or property data form, when filed with the Multiple Listing Service by the listing broker, shall be complete in every detail, including photo’s which is ascertainable as specified on the property data form. (Amended 3/06)
Section 1.3 Exempted Listings: If the seller refuses to permit the listing to be disseminated by the Service, the Participant may then take the listing ("office exclusive") and such listing shall be filed with the Service but not disseminated to the Participants. Filing of the listing should be accompanied by certification signed by the seller that he does not desire the listing to be disseminated by the Service.
Note: Section 1.3 is not required if the Service does not require all Exclusive Right to Sell listings to be submitted by a Participant to the Service.
Section 1.4 Change of Status of Listing: Any change in listed price or other change in the original listing agreement shall be made only when authorized in writing by the seller and shall be filed with the Service within twenty-four (24) hours (excepting weekends, holidays, and postal holidays) after the authorized change is received by the listing broker.
Section 1.5 Withdrawal of Listing Prior to Expiration: Listings of property may be withdrawn from the Multiple Listing Service by the listing broker before the expiration date of the listing agreement, provided notice is filed with the Service, including a copy of the agreement between the seller and the listing broker which authorized the withdrawal.
Sellers do not have the unilateral right to require an MLS to withdraw a listing without the listing broker's concurrence. However, when a seller(s) can document that his exclusive relationship with the listing broker has been terminated, the Multiple Listing Service may remove the listing at the request of the seller. (Adapted 11/96)
Section 1.6 Contingencies Applicable to Listings: Any contingency or conditions of any term in a listing shall be specified and noticed to the Participants.
Section 1.7 Listing Price Specified: The full gross listing price stated in the listing contract will be included in the information published in the MLS compilation of current listings, unless the property is subject to auction. (Amended 11/92)
Section 1.9 No Control of Commission Rates or Fees Charged by Participants: The Multiple Listing Service shall not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by Participants. Further, the Multiple Listing Service shall not fix, control, recommend, suggest, or maintain the division of commissions or fees between cooperating Participants or between Participants and non-participants.
Section 1.11 Termination Date on Listings: Listings filed with the Service shall bear a definite and final termination date, as negotiated between the listing broker and the seller.
Section 1.12 Jurisdiction: Only listings of the designated types of property located within the jurisdiction of the MLS are required to be submitted to the Service. Listings of property located outside the MLS's jurisdiction will be accepted if submitted voluntarily by the Participant, but cannot be required by the Service. (Amended 11/01)
**Todd County except that area north of State Highway 210 from the Ottertail County line straight east to Motley: Douglas County and Pope County.
Note: Boards must choose whether the Service will accept listings from beyond its jurisdiction into the MS compilation. (Amended 11/88)
Section 1.13 Listings of Suspended Participants: When a Participant of the Service is suspended from the MLS for failing to abide by a membership duty (i.e., violation of the Code of Ethics, Board Bylaws, MLS Bylaws, MLS Rules and Regulation, or other membership obligation except failure to pay appropriate dues, fees or charges), all listings currently filed with the MLS by the suspended Participant shall, at the Participant's option, be retained in the Service until sold, withdrawn or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the suspension became effective. If a Participant has been suspended from the Board (except where MLS participation without Board membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees or charges, a Board MLS is not obligated to provide MLS services, including continued inclusion of the suspended Participant's listings in the MLS compilation of current listing information. Prior to any removal of a suspended Participant's listings from the MLS, the suspended Participant should be advised in writing of the intended removal so that the suspended Participant may advise his clients.
Section 1.14 Listings of Expelled Participants: When a Participant of the Service is expelled from the MLS for failing to abide by a membership duty (i.e., violation of the Code of Ethics, Board Bylaws, MLS Bylaws, MLS Rules and Regulations, or other membership obligations except failure to pay appropriate dues, fees, or charges), all listings currently filed with the MLS shall, at the expelled Participant's option, be retained in the Service until sold, withdrawn, or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the expulsion became effective. If a Participant has been expelled from the Board (except where MLS participation without Board membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees, or charges, a Board MLS is not obligated to provide MLS services, including continued inclusion of the expelled Participant's listings in the MLS compilation of current listing information. Prior to any removal of an expelled Participant's listings from the MLS, the expelled Participant should be advised, in writing, of the intended removal so that the expelled Participant may advise his clients.
Section 1.15 Listings of Resigned Participants: When a Participant resigns from the MLS, the MLS is not obligated to provide services, including continued inclusion of the resigned Participant's listings in the MLS compilation of current listing information. Prior to any removal of a resigned Participant's listings from the MLS, the resigned Participant should be advised, in writing, of the intended removal so that the resigned Participant may advise his clients.
SELLING PROCEDURES
Section 2: Selling Procedures
Appointments for showings and negotiations with the seller for the purchase of listed property filed with the Multiple Listing Service shall be conducted through the listing broker except under the following circumstances:
(a) The listing broker gives the cooperating broker specific authority to show and/or negotiate directly, or
(b) After reasonable effort, the cooperating broker cannot contact the listing broker or his representative. However, the listing broker, at his option, may preclude such direct negotiations by cooperating brokers. (Amended 4/92)
Section 2.1 Presentation of Offers The listing broker must make arrangements to present the offer as soon as possible, or give the cooperating broker a satisfactory reason for not doing so. (Amended 4/92)
Section 2.2 Submission of written offers The listing broker shall submit to the seller all written offers until closing unless precluded by law, government rule, regulation, or agreed otherwise in writing between the seller and the listing broker. Unless the subsequent offer is contingent upon the termination of an existing contract, the listing broker shall recommend that the seller obtain the advice of legal counsel prior to acceptance of the subsequent offer. (Amended 11/87)
Participants representing buyers or tenants shall submit to the buyer or tenant all offers and counter-offers until acceptance, and shall recommend that buyers and tenants obtain legal advice where there is a question about whether a pre-existing contract has been terminated. (Amended 11/05)
Section 2.3 Right of Cooperating broker in presentation of offer The cooperating broker (subagent or buyer agent) or his representative has the right to participate in the presentation to the seller or lessor of any offer he secures to purchase or lease. He does not have the right to be present at any discussion or evaluation of the offer by the seller or lessor and the listing broker. However, if the seller or lessor gives written instructions to the listing broker that the cooperating broker not be present when an offer the cooperating broker secured is presented, the cooperating broker has the right to a copy of the seller's written instructions. None of the foregoing diminishes the listing broker's right to control the establishment of appointments for such presentations. (Amended 4/92)
Section 2.4 Right of Listing Broker in presentation of counter-offer The listing broker or his representative has the right to participate in the presentation of any counter-offer made by the seller or lessor. He does not have the right to be present at any discussion or evaluation of a counter-offer by the purchaser or lessee (except where the cooperating broker is a subagent). However, if the purchaser or lessee gives written instructions to the cooperating broker that the listing broker to be present when a counter-offer is presented, the listing broker has the right to a copy of the purchaser's or lessee's written instructions. (Adopted 11/93)
Section 2.5
Reporting Sales to the Service Status
changes, including final closing of sales, shall be reported to the
multiple listing services by the listing broker within
__48__ hours after they have occurred.
If negotiations were carried on under Section 2(a) or (b) hereof, the
cooperating broker shall report the accepted offer to the listing broker within
__48__ hours after occurrence and the
listing broker shall report them to the MLS within __48__
hours after receiving notice from the cooperating broker. (Amended 11/08)
Note: The listing agreement of a property filed with the
MLS by the listing broker should include a provision expressly granting the
listing broker authority to advertise; to file the listing with the MLS; to provide timely
notice of status changes of the listing to the MLS; and to provide sales
information including selling price to the MLS upon sale of the property. If
deemed desirable by the MLS to publish sales information prior to final closing
(Settlement) of a sales transaction, the listing agreement should also include a
provision expressly granting the listing broker the right to authorize
dissemination of this information by the MLS to it Participants. (Amended
11/01)
Section 2.6 Reporting Resolutions of contingencies The listing broker shall report to the Multiple Listing Service within 48 hours that a contingency on file with the Multiple Listing Service has been fulfilled or renewed, or the agreement canceled.
Section 2.8 Reporting Cancellation of Pending Sale The listing broker shall report immediately to the Multiple Listing Service the cancellation of any pending sale and the listing shall be reinstated immediately.
Section 2.9 Disclosing the Existence of Offers Listing brokers, in response to inquiries from buyers or cooperating brokers shall, with the seller’s approval, disclose the existence of offers on the property. Where disclosure is authorized, the listing broker shall also disclose, If Asked, whether offers were obtained by the listing licensee, by another licensee in the listing firm, or by a cooperating broker. (Adopted 11/08)
Section 2.10 Availability of Listed Property Listing brokers shall not misrepresent the availability of access to show or inspect listed property. (Adopted 11/05)
REFUSAL TO SELL
Section 3: Refusal to sell If the seller of any listed property filed with the Multiple Listing Service refuses to accept a written offer satisfying the terms and conditions stated in the listing, such fact shall be transmitted immediately to the Service and to all Participants.
PROHIBITIONS
Section 4. Information for Participants Only: Any listing filed with the Service shall not be made available to any broker or firm not a Member of the MLS without the prior consent of the listing broker.
Section 4.1 "For Sale" Sign: Only the "For Sale" sign of the listing broker may be placed on a property. (Amended 11/89)
Section 4.2 "Sold" Signs: Prior to closing only the "Sold" sign of the listing broker may be placed on a property, unless the listing broker authorizes the cooperating (selling) broker to post such a sign. (Amended 4/96)
Section 4.3 Solicitation of Listing Filed with the Service: Participants shall not solicit a listing on property filed with the Service unless such solicitation is consistent with Article 16 of the REALTORS Code of Ethics, its Standards of Practice, and its Case Interpretations.
Note: This section is to be construed in a manner consistent with Article 16 of the code of Ethics and particularly standard of Practice 16-4. This section is intended to encourage sellers to permit their properties to be filed with the Service by protecting them from being solicited, prior to expiration of the listing, by brokers and salespersons seeking the listing upon its expiration.
Without such protection, a seller could receive hundreds of calls, communications, and visits from brokers and salesperson who have been made aware through MLS filing of the date the listing will expire and desire to substitute themselves for the present broker.
This Section is also intended to encourage brokers to participate in the Service by assuring them that other Participants will not attempt to persuade the seller to breach the listing agreement or to interfere with their attempts to market the property. Absent the protection offered by this Section, listing brokers would be most reluctant to generally disclose the identity of the seller or the availability of the property to other brokers.
New Section 4.4 Use of the Terms MLS and Multiple Listing Service No MLS participant, subscriber or licensee affiliated with any participant shall, through the name of their firm, their URLs, their e-mail addresses, their website addresses, or in any other way represent, suggest, or imply that the individual or firm is an MLS, or that they operate an MLS. Participants, subscribers and licensees affiliated with participants shall not represent, suggest, or imply that consumers or others have direct access to MLS databases, or that consumers or others are able to search MLS databases available only to participants and subscribers. This does not prohibit participants and subscribers from representing that any information they are authorized under MLS rules to provide to clients or customers is available on their websites or otherwise. (Adopted 11/07)
This Section does not preclude solicitation of listings under the circumstances otherwise recognized by the Standards of Practice related to Article 16 of the Code of Ethics.
DIVISION OF COMMISSION
Section 5 Compensation Specified on each Listing: The listing broker shall specify, on each listing filed with the Multiple Listing Service, the compensation offered to other Multiple Listing Service Participants for their services in the sale of such listing. Such offers are unconditional except that entitlement to compensation is determined by the cooperating broker's performance as the procuring cause of sale (or lease) or as otherwise provided for in this rule. The listing broker's obligation to compensate any cooperating broker as the procuring cause of sale (or lease) may be excused if it is determined through arbitration that, through no fault of the listing broker and in the exercise of good faith and reasonable care, it was impossible or financially unfeasible for the listing broker to collect a commission pursuant to the listing agreement. In such instances, entitlement to cooperative compensation offered throughout MLS would be a question to be determined by an arbitration hearing panel based on all relevant facts and circumstances including, but not limited to, why it was impossible or financially unfeasible for the listing broker to collect some or all of the commission established in the listing agreement; at what point in the transaction did the listing broker know (or should have known) that some or all of the commission established in the listing agreement might not be paid; and how promptly had the listing broker communicated to cooperating brokers that the commission established in the listing agreement might not be paid. (Amended 11/98)
Note 1: In filing a property with the Multiple Listing Service of a Board of REALTORS, the Participant of the Service is making blanket unilateral offers of compensation to the other MLS Participants, and shall therefore specify on each listing filed with the Service, the compensation being offered to the other MLS participants. Specifying the compensation on each listing is necessary, because the cooperating broker has the right to know what his compensation shall be prior to his endeavor to sell. * (Amended 11/96)
The listing broker retains the right to determine the amount of compensation offered to other participants (acting as subagents, buyer agents, or in other agency or non-agency capacities defined by law) which may be the same or different. (Revised 96&97)
This shall not preclude the listing broker from offering any MLS Participant compensation other than the compensation indicated on any listing published by the MLS provided the listing broker informs the other broker in writing in advance of their producing an offer to purchase and provide that the modification in the specified compensation is not the result of any agreement among all or any other Participants in the Service. Any superseding offer of compensation must be expressed as either a percentage of the gross sales price or as flat dollar amount. (Amended 11/95)
The Board Multiple Listing Service shall not have a rule requiring the listing broker to disclose the amount of total negotiated commission in his listing contract, and the Board Multiple Listing Service shall not publish the total negotiated commission on a listing which has been submitted to the MLS by a Participant. The Board Multiple Listing service shall not disclose in any way the total commission negotiated between the seller and the listing broker.
* The compensation specified on listings filed with the Multiple Listing service shall appear in one of two forms. The essential and appropriate requirement by a Board Multiple Listing Service is that the information to be published shall clearly inform the Participants as to the compensation they will receive in cooperative transactions unless advised otherwise by the listing broker in writing in advance of submitting an offer to purchase. The compensation specified on listings published by the MLS shall be shown in one of the following forms:
1. By showing a percentage of the gross selling price.
2. By showing a definite dollar amount. (Amended 11/95)
Note: MLSs may also, as a matter of local discretion, allow participants to offer cooperative compensation as a percentage of the net sales price, with the net sales price defined as the gross sales price minus buyers upgrades (new construction) and seller concessions (as defined by the MLS unless otherwise defined by state law or regulation. (Adopted 5/08)
Note 2: The listing broker may, from time to time, adjust the compensation offered too their Multiple Listing Service Participants for their services with respect to any listing by advance published notice to the Service so that all Participants will be advised. (Amended 4/92)
Note 3: The Multiple Listing Service shall make no rule on the division of commissions between Participants and non-participants. This should remain solely the responsibility of the listing broker.
Note 4: Multiple Listing Services, at their discretion, may adopt rules and procedures enabling listing brokers to communicate to potential cooperating brokers that gross commissions established in listing contracts are subject to court approval, and that compensation payable to cooperating brokers may be reduced if the gross commission established in the listing contract is reduced by a court in such instances, the fact that the gross commission is subject to court approval and either the potential reduction is compensation payable to cooperating brokers or the method by which the potential reduction in compensation will be calculated must be clearly communicated to potential cooperating brokers prior to the time they submit an offer that ultimately results in a successful transaction. (Adopted 11/98)
Note 5: Nothing in these MLS rules precludes a listing participant and a cooperating participant, as a matter of mutual agreement, from modifying the cooperative compensation to be paid in the event of a successful transaction. (Adopted 11/05)
Note 6: Multiple listing services must give participants the ability to disclose to other participants any potential for a short sale. As used in these rules, short sales are defined as a transaction where title transfers, where the sale price is insufficient to pay the total of all liens and costs of sale, and where the seller does not bring sufficient liquid assets to the closing to cure all deficiencies. Multiple listing services may, as a matter of local discretion, require participants to disclose potential short sales when participants know a transaction is a potential short sale. In any instance where a participant discloses a potential short sale, they may, as a matter of local discretion, also be permitted to communicate to other participants how any reduction in the gross commission established in the listing contract required by the lender as a condition of approving the sale will be apportioned between listing and cooperating participants. All confidential disclosures and confidential information related to short sales, if allowed by local rules, must be communicated through dedicated fields or confidential “remarks” available only to participants and subscribers. (Amended 5/09)
Section 5.0.1: Participants may, but are not required to, disclose potential short sales (defined as a transaction where title transfers, where the sale price is insufficient to pay the total of all liens and costs of sale and where the seller does not bring sufficient liquid assets to the closing to cure all deficiencies) to other participants and subscribers. (Amended 5/09)
When disclosed, participants may, at their discretion,
advise other participants whether and how any reduction in the gross commission
established in the listing contract, required by the lender as a condition of
approving the sale, will be apportioned between listing and cooperating
participants. (Adopted 5/09)
Section 5.1 Participant as Principal: If a Participant
or any licensee (or licensed or certified appraiser) affiliated with a
Participant has any ownership interest in a property, the listing of which is to
be disseminated through the Multiple Listing Service, that person shall disclose
that interest when the listing is filed with the Multiple Listing Service and
such information shall be disseminated to all Multiple Listing Service
Participants.
Section 5.2 Participant as Purchaser: If a Participant or any licensee (including licensed and certifies appraisers) affiliated with a Participant wishes to acquire an interest in property listed with another Participant, such contemplated interest shall be disclosed in writing to the listing broker to later than the time an offer to purchase is submitted to the listing broker. (Adopted 2/92)
Section 5.3 Dual or Variable Rate Commission Arrangements: The existence of a dual or variable rate commission arrangement (i.e., one in which the seller/landlord agrees to pay a specified commission if the property is sold/leased by the listing broker without assistance and a different commission if the sale/lease results throughout the efforts of a cooperating broker, or one in which the seller/landlord agrees to pay a specified commission if the property is sold/leased by the listing broker either with or without the assistance of a cooperating broker and a different commission if the sale/lease results through the efforts of a seller/landlord) shall be disclosed by the listing broker by a key, code or symbol as required by the MLS. The listing broker shall, in response to inquiries from potential cooperating brokers, disclose the differential that would result in either a cooperative transaction or, alternatively, in a sale/lease that results through the efforts of the seller/landlord. If the cooperating broker is a buyer/tenant representative, the buyer/tenant representation must disclose such information to their client before the client makes an offer to purchase or lease. (Amended 5/01).
SERVICE CHARGES
Section 6 Service fees and charges: The following service charges for operation of the Multiple Listing Service are in effect to defray the costs of the Service and are subject to change from time to time in the manner prescribed:
(a) Initial Participation fee: An applicant (office/brokerage) for participation in the Service shall pay an application fee of $__500.00_____ with such fee to accompany the application.
(b) Recurring Participation Fee: The monthly participation fee of each Brokerage/Office shall be $__0___. This is paid on a monthly basis.
(c) Subscription Fee: Computer access to the MLS system shall be supplied to the Participant upon payment of the Initial Participation Fee, and the Participant shall be responsible for a Subscription Fee of $_34.00____ per month for each access to be supplied to each individual, employed by or affiliated as an independent contractor (including licensed or certified appraisers) with the Participant, who has access to and who utilizes the service.
(d) Book Publication: Books may be purchased directly from the MLS vendor.
(e) Statement fees are due and payable in full by the 25th of each month
COMPLIANCE WITH RULES
Section 7 Compliance with Rules
/ Authority to Impose Discipline
By becoming and remaining a participant or subscriber in this MLS, each
participant and subscriber agrees to be subject to the rules and regulations and
any other MLS governance provision. The MLS may, through the administrative and
hearing procedures established in these rules, impose discipline for violations
of the rules and other MLS governance provisions. Discipline that may be imposed
may only consist of one or more of the following:
a. Letter/email of warning
Section 7.1 Compliance with Rules The following action may be taken for noncompliance with the rules:
Note: Generally, warning, censure, and the imposition of a moderate fine
are sufficient to constitute a deterrent to violation of the rules and
regulations of the multiple listing service. Suspension or termination is an
extreme sanction to be used in cases of extreme or repeated violation of the
rules and regulations of the service. If the MLS desires to establish a series
of moderate fines, they should be clearly specified in the rules and
regulations. (Amended 11/88)
Section 7.2 Applicability of Rules to Users and/or
Subscribers
Non-principal brokers, sales licensees, appraisers, and others authorized to
have access to information published by the MLS are subject to these rules and
regulations and may be disciplined for violations thereof provided that the user
or subscriber has signed an agreement acknowledging that access to and use of
MLS information is contingent on compliance with the rules and regulations.
Further, failure of any user or subscriber to abide by the rules and/or any
sanction imposed for violations thereof can subject the participant to the same
or other discipline. This provision does not eliminate the participant’s
ultimate responsibility and accountability for all users or subscribers
affiliated with the participant. (Adopted 4/92)
Note: Adoption of Section 7.2 is optional and should be adopted by
multiple listing services desiring to establish authority to impose discipline
on non-principal users or subscribers affiliated with MLS members or
participants. (Amended 11/07)
MEETINGS
Section 8: Meetings of MLS Committee: The Multiple Listing Service Committee shall meet for the transaction of its business at a time and place to be determined by the Committee or at the call of the Chairperson.
Section 8.1 Meetings of MLS Participants: The Committee may call meetings of the Participants in the Service to be known as meetings of the Multiple Listing Service.
Section 8.2 Conduct of the Meetings: The chairperson, or Vice Chairperson, shall preside at all meetings or, in their absence; a temporary Chairperson from the membership of the Committee shall be named by the Chairperson or, upon his failure to do so, by the Committee.
PERSONAL ASSISTANT/CLERICAL MEMBER
Section (9) Definitions
(9.A) LICENSED REALTORâ/Personal Assistant/Clerical Member is one whom is employed by a REALTOR®, and is currently licensed with an MLS Participant in good standing with the MLS, and who does not participate in the listing, selling showing of properties, hold public open houses, exchanges or negotiates any real property.
(9.B) UNLICENSED/Personal Assistant/Clerical Member is one whom is employed by a REALTOR that is currently licensed with an MLS Participant that is in good standing with the MLS.
(9.C) OFFICE Administrator/Secretary whom is employed by an MLS Participant that is in good standing with the MLS.
(2) Access
(2.A) Access to the MULTIPLE LISTING SERVICE (on-line system) means the issuance of a User Name and Password to gain entry into the on-line system, for the sole purpose of conducting real estate business directly related to the business of the MLS participant.
(2.B) Access to the MLS on-line system may be granted to an Administrative Member upon proper completion and submission to the MLS of an “ADMINISTRATIVE MEMBER” Application Form, signed and dated by the MLS Participant
(2.C) Access to the MLS on-line system is granted by the MLS on behalf of the MLS Participant, and can be terminated by either written instruction from the MLS Participant, or the MLS if it becomes known that the Administrative Member has violated the MLS Rules and Regulations, and/or is no longer employed by the MLS Participant or employing REALTOR.
(2.D) The MLS Participant shall notify the MLS in writing as soon as possible of the termination of an Administrative Member’s access to the on-line system.
(3) Fees Administrative/Personal Assistant/Clerical Membership is granted by the MLS without cost or fee. If it becomes known that an Administrative Member whom is licensed has placed a listing in the MLS under his/her name, partakes in the listing and selling of real property, is showing properties, holding public open houses, exchanges and/or negotiates real property, the MLS reserves the right to terminate the Administrative Membership status and will begin billing the MLS Participant for the individual’s access according to the fee structure set forth in GAAAR’s MLS Rules and Regulations.
(4) Liability The MLS Participant whom employees the Administrative Member, or holds the license of the REALTOR whom employs the Administrative Member, is solely responsible for the actions of the Administrative Member with respect to the MLS, and said MLS Participant agrees to hold the MLS and GAAAR harmless from any liability arising from such actions.
(5) GAAAR Rules/Regulations.
In all respects, Administrative/Personal
Assistant/Clerical Members shall be subject to the MLS Rules and Regulations of
GAAAR
ENFORCEMENT OF RULES OR DISPUTES
Section 10. Consideration of Alleged Violations: The Committee shall give consideration to all written complaints having to do with violations of the rules and regulations. (Amended 2/98)
Section 10.1 Violations of Rules and Regulations: If the alleged offense is a violation of the rules and regulations of the Service and does not involve a charge of alleged unethical conduct or request for arbitration, it may be administratively considered and determined by the Multiple Listing Service Committee, and if a violation is determined, the Committee may direct the imposition of sanction, provided the recipient of such sanction may request a hearing before the Professional Standards Committee in accordance with the bylaws and rules and regulations of the Board of REALTORS within twenty (20) days following receipt of the Committee's decision. (Amended 11/96)
If rather than conducting an administrative review, the Multiple Listing Committee has a procedure established to conduct hearings, the decision of the Multiple Listing Committee may be appealed to the Board of Directors of the Board of REALTORS within twenty (20) days of the tribunal's decision being rendered. Alleged violations involving unethical conduct shall be referred to the Board's Grievance committee for processing in accordance with the professional standards procedures of the Board. If the charge alleges a refusal to arbitrate, such charge shall be referred directly to the Board of Directors of the Board of REALTORS. (Amended 2/98)
Section 10.2 Complaints of Unethical Conduct: All other complaints of unethical conduct shall be referred by the Committee to the Executive Officer of the Greater Alexandria Area Association of Realtors for appropriate action in accordance with the professional standards procedures established in the Board's Bylaws. (Amended 11/88)
CONFIDENTIALITY OF MLS INFORMATION
Section 11. Confidentiality of MLS Information: Any information provided by the Multiple Listing Service to the Participants shall be considered official information of the Service. Such information shall be considered confidential and exclusively for the use of Participants and real estate licensees affiliated with such Participants and those Participants who are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property and licensed or certified appraisers affiliated with such Participants. (Amended 4/92)
Section 11.1 MLS not Responsible for Accuracy of Information: The information published and disseminated by the Service is communicated verbatim, without change by the Service, as filed with the Service by the Participant. The Service does not verify such information provided and disclaims any responsibility for its accuracy. Each Participant agrees to hold the Service harmless against any liability arising from any inaccuracy of the information such Participant provides.
Section 11.2 Access to Comparable and Statistical Information: Realtors® who are actively engaged in real estate brokerage, management, mortgage financing, appraising, land development, or building, but who do not participate in the MLS, are nonetheless entitled to receive, by purchase or lease, all information other than current listing information that is generated wholly or in part by the MLS including "comparable" information, "sold" information, and statistical reports. This information is provided for the exclusive use of these Members and individuals affiliated with these Members who are also engaged in the real estate business and may not be transmitted, retransmitted or provided in any manner to any unauthorized individual, office or firm except as otherwise provided in these Rules and Regulations. Affiliate members of the Board are also entitled to receive, by purchase or lease, information that is generated wholly or in part by the MLS "sold" information, and statistical reports. (Amended 3/06)
OWNERSHIP OF MLS COMPILATIONS* AND COPYRIGHTS
Section 12. By the act of submitting any property listing content to the MLS, the participant represents that he has been authorized to grant and also thereby does grant authority for the MLS to include the property listing content in its copyrighted MLS compilation and also in any statistical report on comparables. Listing content includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information, and other details or information related to listed property.
(Other than Exempted Listings - see Section 1.3)
Section 12.1 All right, title, and interest in each copy of every Multiple Listing Compilation created and copyrighted by the Greater Alexandria Area Association of Realtors and in the copyrights therein, shall at all times remain vested in the Greater Alexandria Area Association of Realtors.
Section 12.2 Each Participant shall be entitled to lease from the Greater Alexandria Area Association of Realtors a number of copies of each MLS Compilation sufficient to provide the Participant and each person affiliated as a licensee (including licensed or certifies appraisers) with such Participant, with one copy of such Compilation. The Participant shall pay, for each such copy; the rental fee set by the Board. **
Participants shall acquire by such lease, only the right to use the MLS compilations in accordance with these Rules.
* The term MLS Compilation, as used in Section 11 and 12 herein, shall be construed to include any format in which property listing data is collected and disseminated to the Participants, including, but not limited to, bound book, loose-leaf binder, computer database, card file, or any other format whatever.
**This section should not be construed to require the Participant to lease a copy of the MLS Compilation for any licensee (or licensed or certified appraiser) affiliated with the Participant who is engaged exclusively in a specialty of the real estate business other than listing, selling, or appraising the types of properties which are required to be filed with the MLS, and who does not, at any time, have access to or use of the MLS information or MLS facility of the Board.
USE OF COPYRIGHTED MLS COMPILATIONS
Section 13. Distribution: Participants shall at all times maintain control over and responsibility for each copy of any MLS Compilation leased to them by the Board of REALTORS, and shall not distribute any such copies to persons other than subscribers who are affiliated with such Participant as licensees, those individuals who are licensed or certified by an appropriate state regulatory agency to engage in the approval of real property and any other subscribers as authorized pursuant to the governing documents of the MLS. Use of information developed by or published by a Board Multiple Listing Service is strictly limited to the activities authorized under a Participant's licenser(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey "Participant" or "Membership" of any right of access to information developed by or published by a Board Multiple Listing Service where access to such information is prohibited by law. (Amended 4/92)
Brokers may use the SASI data for their business statistical purposes. Associations/MLSs may use all the SASI statistical data for business purposes.
Section 13.1 Display: Participants, and those persons affiliated as licensees with such Participants, shall be permitted to display the MLS Compilation to prospective purchasers only in conjunction with their ordinary business activities of attempting to locate ready, willing, and able buyers for the properties described in said MLS Compilation.
One compilation of active data will be sent to REALTOR.com upon approval of each participating Association/MLS in SASI. Each Association/MLS may decide whether or not to send SOLD data to REALTOR.com
Section 13.2 Reproduction: Participants or their affiliated licensees shall not reproduce any MLS Compilation or any portion thereof except in the following limited circumstances:
Participants or their affiliated licensees may reproduce from the MLS Compilation, and distribute to prospective purchasers, a reasonable * number of single copies of property listing data contained in the MLS Compilation which relate to any properties in which the prospective purchasers are or may be interested, in the judgment of the Participant or their affiliated licensees.
Nothing contained herein shall be construed to preclude any Participant from utilizing, displaying, distributing, or reproducing property listing sheets or other compilations of data pertaining exclusively to properties currently listed for sale with the Participant.
Any MLS information, whether provided in written or printed form, provided electronically, or provided in any other form or format, is provided for the exclusive use of the Participant and those licensees affiliated with the Participant who are authorized to have access to such information. Such information may not be transmitted, retransmitted or provided in any manner to any unauthorized individual, office or firm.
None of the foregoing shall be construed to prevent any individual legitimately in possession of current listing information, "sold" information, " comparable", or statistical information from utilizing such information to support an estimate of value on a particular property for a particular client.
However, only such information that a Board of Board-owned Multiple Listing Service has deemed to be non-confidential and necessary to support the estimate of value may be reproduced and attached to the report as supporting documentation. Any other use of such information is unauthorized and prohibited by these Rules and Regulations.
* It is intended that the Participant be permitted to provide prospective purchasers with listing data relating to properties which the prospective purchaser has a bona fide interest in purchasing or in which the Participant is seeking to promote interest. The term "reasonable", as used herein should therefore be construed to permit only limited reproduction of property listing data intended to facilitate the prospective purchaser's decision-making process in the consideration of a purchase. Factors which shall be considered in deciding whether the reproductions made are consistent with this intent, and thus "reasonable" in number, shall include, but are not limited to, the total number of listings in the MLS Compilation, how closely the types of properties contained in such listings accord with the prospective purchaser's expressed desired and ability to purchase, whether the reproductions were made on a selective basis, and whether the type of properties contained in the property listing data is consistent with a normal itinerary of properties which would be shown to the prospective purchaser.
USE OF MLS INFORMATION
Section 14 Limitations of use of MLS Information: Use of information from MLS compilation of current listing information, from the Board's "Statistical Report", or from any "sold" or "comparable" report of the Board or MLS for public mass-media advertising by an MLS Participant or in any other public representations may not be prohibited.
However, any print or non-print forms of advertising or other forms of public representations based in whole or is part on information supplied by the Board or its MLS must clearly demonstrate the period of time over which such claims are based and must include the following, or substantially similar, notice:
"Based on information from the Greater Alexandria Area Association of REALTORS for the period (date) through (date)." (Amended 11/93)
Section 14-1 USE OF TERM “MLS”: No participant, subscriber or licensee affiliated with any participant shall, through the name of their firm, their URLs, their e-mail addresses, their website addresses, or in any other way represent, suggest or imply that the individual or firm is an MLS, or that they operate an MLS. Participants, subscribers and licensees affiliated with participants shall not represent, suggest, or imply that consumers or others have direct access to MLS databases, or that consumers or others are able to search MLS databases available only to participants and subscribers. This does not prohibit participants and subscribers from representing that any information they are authorized under MLS rules to provide to clients or customers is available on their websites or otherwise.
Section 14.2 WEBSITES THAT DISPLAY LISTING DATA: Any website that displays listings must be under the control of the broker.
Section 14.3 Company Name and State: MLS participant’s firm websites shall disclose the firm’s name and state(s) of licensure in a reasonable and readily apparent manner.
Websites of licensees affiliated with a participant’s firm shall disclose the firm’s name and the licensee’s state(s) of licensure in a reasonable and readily apparent manner.
CHANGE IN RULES AND REGULATIONS
Section 15 Amendments to the Rules and Regulations of the Service shall be by a majority vote of the Members of the Multiple Listing Service committee, subject to approval by the Board of Directors of the Board of REALTORS.
Standards of Conduct for MLS Participants
Section 16 Standard 16.1 MLS participants shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other MLS participants have with clients. (Amended 1/04)
Standard 16.2 Signs giving notice of property for sale, rent, lease, or exchange shall not be placed on property without consent of the seller/landlord.
Standard 16.3 MLS participants acting as subagents or as buyer/tenant representatives or brokers shall not attempt to extend a listing broker’s offer of cooperation and/or compensation to other brokers without the consent of the listing broker. (Amended 1/04)
Standard 16.4
MLS participants shall not solicit a listing currently listed exclusively
with another broker. However, if the listing broker, when asked by the MLS
participant, refuses to disclose the expiration date and nature of such listing
(i.e., an exclusive right-to-sell, an exclusive agency, open listing, or other
form of contractual agreement between the listing broker and the client) the MLS
participant may contact the owner to secure such information and may discuss the
terms upon which the MLS participant might take a future listing or,
alternatively, may take a listing to become effective upon expiration of any
existing exclusive listing.
Standard 16.5
MLS participants shall not solicit buyer/tenant agreements from
buyers/tenants who are subject to exclusive buyer/tenant agreements. However, if
asked by an MLS participant, the broker refuses to disclose the expiration date
of the exclusive buyer/tenant agreement, the MLS participant may contact the
buyer/tenant to secure such information and may discuss the terms upon which the
MLS participant might enter into a future buyer/tenant agreement or,
alternatively, may enter into a buyer/tenant agreement to become effective upon
the expiration of any existing exclusive buyer/tenant agreement. (Amended 1/98)
Standard 16.6
MLS participants shall not use information obtained from listing brokers
through offers to cooperate made through multiple listing services or through
other offers of cooperation to refer listing brokers’ clients to other brokers
or to create buyer/tenant relationships with listing brokers’ clients, unless
such use is authorized by listing brokers. (Amended 11/01)
Standard 16.7 The fact that an agreement has been entered into with
an MLS participant shall not preclude or inhibit any other MLS participant from
entering into a similar agreement after the expiration of the prior agreement.
(Amended 1/98)
Standard 16.8
The fact that a prospect has retained an MLS participant as an exclusive
representative or exclusive broker in one or more past transactions does not
preclude other MLS participants from seeking such prospect’s future business.
(Amended 1/04)
Standard 16.9
MLS participants are free to enter into contractual relationships or to
negotiate with sellers/landlords, buyers/tenants or others who are not subject
to an exclusive agreement but shall not knowingly obligate them to pay more than
one commission except with their informed consent. (Amended 1/98)
Standard 16.10 When MLS participants are contacted by the client of another MLS participant regarding the creation of an exclusive relationship to provide the same type of service, and MLS participants have not directly or indirectly initiated such discussions, they may discuss the terms upon which they might enter into a future agreement or, alternatively, may enter into an agreement which becomes effective upon expiration of any existing exclusive agreement. (Amended 1/98)
Standard 16.11 In cooperative transactions, MLS participants shall compensate cooperating MLS participants (principal brokers) and shall not compensate nor offer to compensate, directly or indirectly, any of the sales licensees employed by or affiliated with other MLS participants without the prior express knowledge and consent of the cooperating broker.
Standard 16.12 MLS participants are not precluded from making general announcements to prospects describing their services and the terms of their availability even though some recipients may have entered into agency agreements or other exclusive relationships with another MLS participant. A general telephone canvass, general mailing, or distribution addressed to all prospects in a given geographical area or in a given profession, business, club, or organization, or other classification or group is deemed general for purposes of this rule. (Amended 1/04)
The following types of solicitations are prohibited: Telephone or personal solicitations of property owners who have been identified by a real estate sign, multiple listing compilation, or other information service as having exclusively listed their property with another MLS participant; and mail or other forms of written solicitations of prospects whose properties are exclusively listed with another MLS participant when such solicitations are not part of a general mailing but are directed specifically to property owners identified through compilations of current listings, for sale or for rent signs, or other sources of information intended to foster cooperation with MLS participants. (Amended 1/04)
Standard 16.13 MLS participants, prior to entering into a representation agreement, have an affirmative obligation to make reasonable efforts to determine whether the prospect is subject to a current, valid exclusive agreement to provide the same type of real estate service. (Amended 1/04)
Standard 16.14 MLS participants, acting as buyers or tenants representatives or brokers, shall disclose that relationship to the seller/landlord’s representative or broker at first contact and shall provide written confirmation of that disclosure to the seller/landlord’s representative or broker not later than execution of a purchase agreement or lease. (Amended 1/04)
Standard 16.15 On unlisted property, MLS participants acting as buyer/tenant representatives or brokers shall disclose that relationship to the seller/landlord at first contact for that buyer/tenant and shall provide written confirmation of such disclosure to the seller/landlord not later than execution of any purchase or lease agreement. (Amended 1/04)
MLS participants shall make any request for anticipated compensation from the seller/ landlord at first contact.
Standard 16.16 MLS participants, acting as representatives or brokers of sellers/landlords or as subagents of listing brokers, shall disclose that relationship to buyers/tenants as soon as practicable, and shall provide written confirmation of such disclosure to buyers/tenants not later than execution of any purchase or lease agreement. (Amended 1/04)
Standard 16.17
MLS participants are not precluded from contacting the client
of another broker for the purpose of offering to provide, or entering into a
contract to provide, a different type of real estate service unrelated to the
type of service currently being provided (e.g., property management as opposed
to brokerage) or from offering the same type of service for property not subject
to other brokers’ exclusive agreements. However, information received through a
multiple listing service or any other offer of cooperation may not be
used to target clients of other MLS participants to whom such offers to provide
services may be made. (Amended 1/04)
Standard 16.18 MLS participants, acting as subagents or buyer/tenant representatives or brokers, shall not use the terms of an offer to purchase/lease to attempt to modify the listing broker’s offer of compensation to subagents or buyer/tenant representatives or brokers, or make the submission of an executed offer to purchase/lease contingent on the listing broker’s agreement to modify the offer of compensation. (Amended 1/04)
Standard 16.19 All dealings concerning property exclusively listed or with buyer/tenants who are subject to an exclusive agreement shall be carried on with the client’s representative or broker, and not with the client, except with the consent of the client’s representative or broker or except where such dealings are initiated by the client. (Amended 1/04)
Before providing substantive services (such as writing a purchase offer or presenting a CMA) to prospects, MLS participants shall ask prospects whether they are a party to any exclusive representation agreement. MLS participants shall not knowingly provide substantive services concerning a prospective transaction to prospects who are parties to exclusive representation agreements, except with the consent of the prospects’ exclusive representatives or at the direction of prospects. (Adopted 1/03, Amended 1/04)
Standard 16.20 Participants, users, and subscribers, prior to or after their relationship with their current firm is terminated, shall not induce clients of their current firm to cancel exclusive contractual agreements between the client and that firm. This does not preclude participants from establishing agreements with their associated licensees governing assign ability of exclusive agreements. (Adopted 1/98) (Amended 1-10)
Standard 16.21 These rules are not intended to prohibit ethical, albeit aggressive or innovative business practices, and do not prohibit disagreements with other MLS participants involving commission, fees, compensation, or other forms of payment or expenses.
Standard 16.22 MLS participants shall not knowingly or recklessly make false or misleading statements about competitors, their businesses, or their business practices.
Section 16.23 MLS
participants’ firm websites shall disclose the firm’s name and state(s) of
licensure in a reasonable and readily apparent manner.
Websites of licensees affiliated with a participant’s firm shall disclose the
firm’s name and the licensee’s state(s) of licensure in a reasonable and readily
apparent manner. (Adopted 11/07)
Section 16.24 MLS participants shall present a true picture in their advertising and representations to the public, including the URLs and domain names they use, and participants may not:
Standard 16.25
The services which MLS participants provide to their clients and customers shall
conform to the standards of practice and competence which are reasonably
expected in the specific real estate disciplines in which they engage;
specifically, residential real estate brokerage, real property management,
commercial and industrial real estate brokerage, land brokerage, real estate
appraisal, real estate counseling, real estate syndication, real estate auction,
and international real estate.
MLS participants shall not undertake to provide specialized professional
services concerning a type of property or service that is outside their field of
competence unless they engage the assistance of one who is competent on such
types of property or service, or unless the facts are fully disclosed to the
client. Any persons engaged to provide such assistance shall be so identified to
the client and their contribution to the assignment should be set forth.
(Adopted 11/09)
Section 17, Orientation, revised as follows:
Any
applicant for MLS participation and any licensee (including licensed or
certified appraisers) affiliated with an MLS participant who has access to and
use of MLS generated information shall complete an orientation program of no
more than eight (8) classroom hours devoted to the MLS rules and regulations and
computer training related to MLS information entry and retrieval and the
operation of the MLS within thirty (30) days after access has been provided.
Participants and subscribers may be required, at the discretion of the MLS, to
complete additional training of not more than four (4) classroom hours in any
twelve (12) month period when deemed necessary by the MLS to familiarize
participants and subscribers with system changes or enhancement and/or changes
to MLS rules or policies. Participants and subscribers must be given the
opportunity to complete any mandated additional training remotely.
The “DSC Section” Rule provisions
X.1 Definitions.
X.1.1 “Data Sharing Cooperative” or “DSC” means the unincorporated association of REALTOR® associations and multiple listing services (the “DSC MLSs”) providing access to the active multiple listing data of each DSC MLS to the Participants of all the DSC MLSs. “DSC” refers both to the associations and to the DSC MLSs. The Service is a DSC MLS.
X.1.2 “Other MLS” means any DSC MLS, other than the Service, from which Participant or its salespeople wish to obtain access to active listing information.
X.1.3 “Other MLS Policies” means the Other MLS’s bylaws, policies and procedures manual, and rules and regulations, as the Other MLS amends them from time to time. These policies may differ from those of the Service.
X.1.4 “Saved Information” means information that Participant and its licensees store in the DSC for their own later use that is not intended by them to be available to the DSC’s other customers, including client prospect and contact information, saved searches and tagged listings.
X.2. Purpose. The purpose of the DSC is to make it possible for participants and subscribers of each DSC MLS to disseminate listing information to, make offers of compensation to, and receive offers of compensation from participants in all the other DSC MLSs. The objective of the DSC is to facilitate the sharing of information and compensation among participants and subscribers of all DSC MLSs. Only REALTORS® and licensed and certified appraiser Realtors® are permitted to use the DSC; firms that cannot make offers of compensation and are not entitled to active listing information in the service are not entitled to use the DSC.
X.4 Listing brokers participating in more than one MLS. If a Participant in the Service is also a Participant in any other DSC MLS, and the Participant enters a listing for a property into the Service and any other DSC MLS with differing cooperating commission amounts, the follow provisions shall apply:
X.4.1 Cooperating broker chooses which offer to accept. If a cooperating brokerage is aware of multiple offers of compensation from a listing brokerage on the same property in different DSC MLSs, the cooperating brokerage may select which offer of compensation it will accept. If the cooperating brokerage is the procuring cause of the sale of the property, it will be entitled to payment according to the offer of compensation that it accepted should a professional standards hearing panel so find.
X.4.2 Arbitration required. In the event of a dispute regarding compensation under this Section, listing brokerage and cooperating brokerage shall submit to arbitration under Article 17 of the Code of Ethics of the National Association of REALTORS® as provided in these rules.
X.4.3 Evidence to be considered. In the event of an arbitration arising in a dispute under this Section, the arbitration panel may consider, in addition to all other information, testimony from the cooperating brokerage regarding its awareness of listing brokerage’s multiple offers and testimony and contemporaneous records from listing brokerage regarding the cooperating brokerage’s stated expectation of compensation at the time the cooperating brokerage submitted the offer that was eventually accepted by the seller.
X.5 Commission Disputes. Participants will, consistant with Article 17 of the current NAR Code of Ethics arbitrate any dispute over any commission offered through the DSC between Participant and any other broker or licensee participating in any DSC MLS. All mediation and arbitration will take place as set forth in Article 17 of the National Association of REALTORS® (NAR) Code of Ethics. Participant accepts the jurisdiction and mediation and arbitration procedures of the Minnesota Association of REALTORS® (MAR).
X.6 Access to Other MLSs. Access to data of Other MLSs is subject to the following provisions:
X.6.1 Access to Listing Data in Other MLSs. Participant and its salespeople may have access to the active listings of an Other MLS through the DSC according to the terms of that Other MLS’s rules and regulations. Access to active listings in other DSC MLSs is available only to those Participants entitled to access to active listings in the Service.
X.6.2 No Input or IDX/Broker ReciprocitySM. Neither Participant nor its salespeople are entitled to (i) input any listing content into an Other MLS Database or (ii) use any portion of an Other MLS Database on any IDX or Broker ReciprocitySM web site of Participant. These privileges are limited to brokers and licensees who become Participants and subscribers directly to the Other MLS.
X.7 Application of Other MLS rules. If the Participant accesses or allows any of its salespeople to access the listing data of an Other MLS, Participant becomes bound by the rules and regulations of that Other MLS with regard to that listing data and with regard to any transaction arising from use of that data. The following provisions also apply.
X.7.1 Priority of Rules and Agreements. Access by Participant and its salespeople to the Other MLS Database is subject at all times to the limitations set out in the Other MLS Policies. In the event of an apparent conflict between the Other MLS Policies and these rules, Participant’s obligations and rights shall be determined, in order of precedence, by the Other MLS Policies, by any agreement between Participant or its salespeople and the Other MLS, and by these rules.
X.7.2 Use limited. Participant and its salespeople may use the Other MLS Database solely for the purpose of selling, listing, leasing, and appraising real estate as provided in the Other MLS Policies. Except as expressly provided in the Other MLS Policies, Participant and its salespeople may not copy, create derivative works of, distribute, perform, or display the Other MLS Database or any part of it.
X.7.3 Confidentiality. Participant and its salespeople shall maintain the confidentiality of all user IDs and passwords and of the Other MLS Database; Participant, its salespeople, and its employees shall not provide IDs or passwords to any third party. To maintain the confidentiality of all user IDs, passwords, and the Other MLS Database, Participant, its salespeople, and its employees shall take the greater of reasonable care or the care Participant takes to protect its own confidential information.
X.7.5 Fines. The Other MLS may collect fines from Participant for violation of the Other MLS Policies. Payment terms for fines are set out in the Other MLS Policies. The Other MLS may amend its schedule of fines and terms for collecting them at its sole discretion at any time. In the event Participant fails to pay a fine levied by the Other MLS, the Other MLS may discontinue further access to the Other MLS database by Participant and its licensees.
X.7.6 Other sanctions. In addition to fines, Participant may be subject to other sanctions levied by the Service and by the Other MLS, including discontinued access to the DSC, the Other MLS Database, or the Service itself.
X.8 Disclaimer of warranties. The Other MLS provides the Other MLS data on an “as is,” “as available” basis. Use of the Other MLS data and the information available through the Other MLS data are at Participant’s sole risk. The Service and the Other MLS do not warrant that the Other MLS data will be uninterrupted or error‑free, accurate, complete, current or reliable.
X.9 Saved information. Saved Information in the DSC may not always be available to Participant and its salespeople and may become available to unauthorized persons. Service and the Other MLS are not liable for unauthorized access to or loss of Saved Information.
LOCK BOXES
Section 20
No multiple listing service
need use lock boxes and no listing broker need use a lock box on a property, but
if the multiple listing service does offer the lock boxes, it must make them
available to anyone who participates in the multiple listing service, whether an
association member or not. Nothing shall prevent the owner’s right to refuse to
have a lock box on his property.
A lock box is a container affixed to
property containing a device to gain access to the property being marketed by a
participant in the MLS. Participants in the MLS or their salespersons (and
licensed or certified appraisers affiliated with the participants) are
authorized under certain conditions to open these lock boxes under terms
specified by the listing broker. Cooperating brokers and sales licensees,
whether functioning as subagents of the listing broker or as agents of potential
purchasers, must contact the listing broker to disclose their agency status and
to arrange appointments to show listed property even if the property has a lock
box affixed to it unless the listing broker has given specific permission
(through information published in the MLS or otherwise) to show the property
without first contacting the listing broker.
If an association or its
multiple listing service elects to engage in the sale, rental, or distribution
of lock boxes to its members or be involved in any way with the sponsorship or
endorsement of a common lock box system, the lock box security requirements as
established by the NATIONAL ASSOCIATION OF REALTORS® shall be the minimum
security measures adopted and implemented in connection with such lock box
system. Eligibility for coverage under the National Association’s blanket errors
and omissions insurance program is contingent on compliance with the lock box
security requirements whether the system is operated by the association, its
MLS, or on behalf of an association by a recognized lock box vendor. (Amended
11/90) M
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Section 20.1 |
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Eligibility for coverage under NAR’s blanket errors and omissions insurance program is contingent on compliance with the following security measures whether the system is operated by the association, its MLS, or on behalf of an association by a recognized lock box vendor: |
1. Any key, programmer, or other device by which a lock box can be opened shall be non-duplicative. By "non duplicative" it is not meant that the key is necessarily covered by a current patent but that it cannot be readily copied in the manner that other types of keys ordinarily are.
2. Keys must be obtained from the original manufacturer, from a recognized vendor or lock box systems, or from any other legitimate source. Prior to utilizing previously-used keys, lids, or boxes, information shall be obtained from the original manufacturer to determine whether the key's pattern, code or configuration is already in the use by other Boards, Multiple Listing Services, or other users in the vicinity. Surrounding Boards and Multiple Listing Services shall also be contacted to determine whether the key’s pattern, code or configuration is currently in use.
3. The Greater Alexandria Area Association of Realtors (GAAAR) has adopted the Supra Lock Box System, which uses electronic key cards. The lock box system is an activity of a Board-owned and operated Multiple Listing Service. Administration of the lock box system is an activity of the Board-owned and operated Multiple Listing Service. Every MLS Participant and every non-principal broker, sales licensee, or licensed or certified appraiser who is affiliated with an MLS Participant and who is legally eligible for MLS access is eligible to hold a key card subject to their execution of a lease agreement with the MLS.
In the case of non-principal brokers, sales licensees, and licensed or certified appraisers, the lease agreement shall be co-signed by the designated REALTOR or the office's broker of record. Lease agreements shall spell out the responsibilities of the parties and shall incorporate by reference any applicable rules or regulations or other governing provisions of the Board or MLS that relate to the operation of the lock box system. The lease agreement shall also provide that key cards may not be used under any circumstances by anyone other than the key holder except as provided elsewhere in this statement of policy. (Amended 2/98)
Associations and multiple
listing services may, at their discretion, authorize unlicensed personal
assistants, administrative and clerical staff, and individuals seeking licensure
as real estate appraisers, who are under the direct supervision of a designated
REALTOR®, or MLS participant, or their licensed designee, to hold a lock box key
on the same terms and conditions as non-principal brokers and sales licensees.
(Adopted 11/93)
Associations and multiple
listing services may refuse to sell or lease lock box keys, may terminate
existing key lease agreements, and may refuse to activate or reactivate any key
held by an individual convicted of a felony or misdemeanor if the crime, in the
determination of the association or MLS, relates to the real estate business or
puts clients, customers, or other real estate professionals at risk.
Associations or multiple listing services may suspend the right of lock box key
holders to use lock box keys following their arrest and prior to their
conviction for any felony or misdemeanor which, in the determination of the
association or MLS, relates to the real estate business or which puts clients,
customers, or other real estate professionals at risk.
Factors that can be considered in making such determinations include, but are
not limited to:
• the nature and seriousness of the crime
• the relationship of the crime to the purposes for limiting lock box access
• the extent to which access (or continued access) might afford opportunities to engage in similar criminal activity
• the extent and nature of past criminal activity
• time since criminal activity was engaged in
• evidence of rehabilitation while incarcerated or following release and
• evidence of present fitness
(Adopted 11/99)
Administration of a lock box system as an activity of an association of
REALTORS® may, at the discretion of the association, be delegated to its
multiple listing service.
No one shall be required to lease a key from the association except on a
voluntary basis.
Associations and multiple listing services may, at their discretion, lease keys
to affiliate members of associations who are actively engaged in a recognized
field of real estate practice or in related fields. In such instances, the lease
agreement shall be signed by the keyholder and by a principal, partner, or
corporate officer of the keyholder’s firm. (Amended 11/97)
Key lease agreements may contain a liquidated damages provision to offset some
or all of the costs in reestablishing the security of the system if it is
determined that the security has been compromised through the negligence or
fault of the keyholder. (Amended 11/97)
4. The Board of REALTORS shall maintain current records as to all key cards issued and in inventory. There shall be an audit, at lease annually, of all key cards, whether issued or in inventory. This requirement may be satisfied by a physical inventory or, alternatively, by receipt of a statement signed by the key-holder and the designated REALTOR, broker of record, or in the case of an Affiliate Member, by a principal, partner or corporate officer of the key holder's firm, attesting that the key card is currently in possession of the key holder.
If at the time of inventory a key card is unaccounted for, or if a key holder refuses or is unable to demonstrate that the key card is within their physical control, then the key card will be considered unaccounted for and any funds on deposit will be forfeited to the Board.
A payment of $ 120.00 for electronic programmers or electronic keypads which are leased, but which can be deactivated within thirty (30) days, may be required as a matter of local determination. (Adopted 11/95)
5.
Associations shall require a substantial deposit from each key holder in an
amount that will establish an awareness of personal liability for such key. The
initial deposit shall not be less than $25 or more than $200. Deposits for a
first replacement key lost or stolen shall be not less than two (2) times nor
more than three (3) times the amount of the initial deposit and not less than
three (3) times nor more than four (4) times the amount of the initial deposit
for second or additional replacement keys. Deposits for keys shall be kept in a
special account for refund upon return of the key unless forfeited upon loss of
the key. Notwithstanding the foregoing, deposits charged affiliate members may
be no more than twice the amounts established above.
If, at the time of
inventory, a key is unaccounted for, or if a key holder refuses or is unable to
demonstrate that the key is within their physical control, then the key will be
considered unaccounted for and any funds on deposit will be forfeited to the
association.
Deposits for
electronic programmers or electronic keycards which are leased but which can be
deactivated within thirty (30) days may be required as a matter of local
determination. (Adopted 11/95)
6. Lock boxes may not be places on a property without written authority from the seller. This authority may be established in the listing contract or in a separate document created specifically for the purpose. Inclusion in MLS compilations cannot be required as a condition of placing lock boxes on listed property. (Amended 11/05)
7. The Board of REALTORS shall charge key holders and their co-signatories with the joint obligation of immediately reporting lost, stolen, or otherwise unaccountable for key cards to the Board. Upon receipt of notice, the Board shall take any steps deemed necessary to rescuer the system.
8. The Board of REALTORS shall adopt written, reasonable, and appropriate rules and procedures for administration of lock box systems, which may include appropriate fines, not to exceed $5000.00. Any issuing fees, recurring fees, or other administrative costs shall be established at the discretion of the key lease agreement, to be bound by the rules and procedures governing the operation of the lock box system. (Amended 11/05)
9. Notwithstanding the foregoing, the Board of REALTORS may sell electronic lock box programmers to keypads to MLS Participants and others eligible to hold lock box keys pursuant to these requirements provided that such devices may be deactivated, if necessary, within a reasonable period not to exceed thirty (30) days and that the Participant has authorized the sale in writing. In the event electronic lock box programmers or keypads are sold or leased, a designated REALTOR principal or an office's broker of record may purchase or lease additional programmers or keypads to be issued on a temporary basis to other key-holders in the same office in the event their programmer or keypad becomes non-functional outside normal business hours or under circumstances where a replacement programmer or keypad is not reasonably available from the issuing Board or MLS. When a programmer or keypad is issued on a temporary basis, it shall be the responsibility of the REALTOR principal or the broker of record to advise the Board or MLS in writing that the programmer or key-pad has been issued, to whom, and the date and time of issuance within forty-eight (48) hours. It shall also be the responsibility of the REALTOR principal or the broker of record, to advise the Board or MLS in writing within forty-eight (48) hours after possession of the previously issued programmer or keypad has been reassumed. (Adopted 4/95)
Virtual Office Website
Section 21.1 (a): A Virtual Office Website (“VOW”) is a Participant’s Internet website, or a feature of a Participant’s website, through which the Participant is capable of providing real estate brokerage services to consumers with whom the Participant has first established a broker-consumer relationship (as defined by state law) where the consumer has the opportunity to search MLS Listing Information, subject to the Participant’s oversight, supervision, and accountability. A non-principal broker or sales licensee affiliated with a Participant may, with his or her Participant’s consent, operate a VOW. Any VOW of a non-principal broker or sales licensee is subject to the Participant’s oversight, supervision, and accountability.
(b) As used in Section 19 of these Rules, the term “Participant” includes a Participant’s affiliated non-principal brokers and sales licensees – except when the term is used in the phrases “Participant’s consent” and “Participant’s oversight, supervision, and accountability”. References to “VOW” and “VOWs” include all VOWs, whether operated by a Participant, by a non-principal broker or sales licensee, or by an Affiliated VOW Partner (“AVP”) on behalf of a Participant.
(c) “Affiliated VOW Partner” (“AVP”) refers to an entity or person designated by a Participant to operate a VOW on behalf of the Participant, subject to the Participant’s supervision, accountability and compliance with the VOW Policy. No AVP has independent participation rights in the MLS by virtue of its right to receive information on behalf of a Participant. No AVP has the right to use MLS Listing Information except in connection with operation of a VOW on behalf of one or more Participants. Access by an AVP to MLS Listing Information is derivative of the rights of the Participant on whose behalf the AVP operates a VOW.
(d) As used in Section 19 of these Rules, the term “MLS Listing Information” refers to active listing information and sold data provided by by Participants to the MLS and aggregated and distributed by the MLS to Participants.
Section 21.2 (a): The right of a Participant’s VOW to display MLS Listing Information is limited to that supplied by the MLS(s) in which the Participant has participatory rights. However, a Participant with offices participating in different MLSs may operate a master website with links to the VOWs of the other offices.
(b) Subject to the provisions of the VOW Policy and these Rules, a Participant’s VOW, including any VOW operated on behalf of a Participant by an AVP, may provide other features, information, or functions, e.g. Internet Data Exchange (“IDX”).
(c) Except as otherwise provided in the VOW Policy or in these Rules, a Participant need not obtain separate permission from other MLS Participants whose listings will be displayed on the Participant’s VOW.
Section 21.3 (a): Before permitting any consumer to search for or retrieve any MLS Listing Information on his or her VOW, the Participant must take each of the following steps:
(i) The Participant must first establish with that consumer a lawful broker-consumer relationship (as defined by state law), including completion of all actions required by state law in connection with providing real estate brokerage services to clients and customers (hereinafter “Registrants”). Such actions shall include, but are not limited to, satisfying all applicable agency, non-agency, and other disclosure obligations, and execution of any required agreements.
(ii) The Participant must obtain the name of, and a valid email address for, each Registrant. The Participant must send an email to the address provided by the Registrant confirming that the Registrant has agreed to the Terms of Use (described in subsection (d) below). The Participant must verify that the email address provided by the Registrant is valid and that the Registrant has agreed to the Terms of Use.
(iii) The Participant must require each Registrant to have a user name and a password, the combination of which is different from those of all other Registrants on the VOW. The Participant may, at his or her option, supply the user name and password or may allow the Registrant to establish its user name and password. The Participant must also assure that any email address is associated with only one user name and password.
(b) The Participant must assure that each Registrant’s password expires on a date certain but may provide for renewal of the password. The Participant must at all times maintain a record of the name, email address, user name, and current password of each Registrant. The Participant must keep such records for not less than 180 days after the expiration of the validity of the Registrant’s password.
(c) If the MLS has reason to believe that a Participant’s VOW has caused or permitted a breach in the security of MLS Listing Information or a violation of MLS rules, the Participant shall, upon request of the MLS, provide the name, email address, user name, and current password, of any Registrant suspected of involvement in the breach or violation. The Participant shall also, if requested by the MLS, provide an audit trail of activity by any such Registrant.
(d)
The Participant shall require each Registrant to review, and affirmatively to
express agreement (by mouse click or otherwise) to, a “Terms of Use” provision
that provides at least the following:
i. That the Registrant acknowledges entering into a lawful
consumer-broker relationship with the Participant;
ii. That all information obtained by the Registrant from the VOW is
intended only for the Registrant’s personal, non-commercial use;
iii. That the Registrant has a bona fide interest in the purchase, sale,
or lease of real estate of the type being offered through the VOW;
iv. That the Registrant will not copy, redistribute, or retransmit any of
the information provided except in connection with the Registrant’s
consideration of the purchase or sale of an individual property;
v. That the Registrant acknowledges the MLS’s ownership of, and the
validity of the MLS’s copyright in, the MLS database.
(e) The Terms of Use Agreement may not impose a financial obligation on
the Registrant or create any representation agreement between the Registrant and
the Participant. Any agreement entered into at any time between the Participant
and Registrant imposing a financial obligation on the Registrant or creating
representation of the Registrant by the Participant must be established
separately from the Terms of Use, must be prominently labeled as such, and may
not be accepted solely by mouse click.
(f) The Terms of Use Agreement shall also expressly authorize the MLS,
and other MLS Participants or their duly authorized representatives, to access
the VOW for the purposes of verifying compliance with MLS rules and monitoring
display of Participants’ listings by the VOW. The Agreement may also include
such other provisions as may be agreed to between the Participant and the
Registrant.
Section 21.4: A Participant’s VOW must prominently display an e-mail address, telephone number, or specific identification of another mode of communication (e.g., live chat) by which a consumer can contact the Participant to ask questions, or get more information, about any property displayed on the VOW. The Participant, or a non-principal broker or sales licensee licensed with the Participant, must be willing and able to respond knowledgeably to inquiries from Registrants about properties within the market area served by that Participant and displayed on the VOW.
Section 21.5: A Participant’s VOW must employ reasonable efforts to monitor for, and prevent, misappropriation, “scraping”, and other unauthorized use of MLS Listing Information. A Participant’s VOW shall utilize appropriate security protection such as firewalls as long as this requirement does not impose security obligations greater than those employed concurrently by the MLS.
(NOTE: MLSs may adopt rules requiring Participants to employ specific security measures, provided that any security measure required does not impose obligations greater than those employed by the MLS.)
Section 21.6 (a): A Participant’s VOW shall not display listings or property addresses of any seller who has affirmatively directed the listing broker to withhold the seller’s listing or property address from display on the Internet. The listing broker shall communicate to the MLS that the seller has elected not to permit display of the listing or property address on the Internet. Notwithstanding the foregoing, a Participant who operates a VOW may provide to consumers via other delivery mechanisms, such as email, fax, or otherwise, the listings of sellers who have determined not to have the listing for their property displayed on the Internet.
(b) A Participant who lists a property for a seller who has elected not to have the property listing or the property address displayed on the Internet shall cause the seller to execute a document that includes the following (or a substantially similar) provision:
Seller Opt-Out Form
1.Please check either Option a or Option b
a.[ ] I have advised my broker or sales agent that I do not want the listed property to be displayed on the Internet.
OR
b.[ ] I have advised my broker or sales agent that I do not want the address of the listed property to be displayed on the Internet.
2. I understand and acknowledge that, if I have selected option a, consumers who conduct searches for listings on the Internet will not see information about the listed property in response to their search.
___________
initials of seller
(c) The Participant shall retain such forms for at least one year from the date they are signed, or one year from the date the listing goes off the market, whichever is greater.
Section 21.7:
(a) Subject to subsection (b), a Participant’s VOW may allow third-parties (i) to write comments or reviews about particular listings or display a hyperlink to such comments or reviews in immediate conjunction with particular listings, or (ii)
display an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing
(b) Notwithstanding the foregoing, at the request of a seller the Participant shall disable or discontinue either or both of those features described in subsection (a) as to any listing of the seller. The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all Participants’ websites. Subject to the foregoing and to Section 21.8, a Participant’s VOW may communicate the Participant’s professional judgment concerning any listing. A Participant’s VOW may notify its customers that a particular feature has been disabled "at the request of the seller."
Section 21.8: A Participant’s VOW shall maintain a means (e.g., e-mail address, telephone number) to receive comments from the listing broker about the accuracy of any information that is added by or on behalf of the Participant beyond that supplied by the MLS and that relates to a specific property displayed on the VOW. The Participant shall correct or remove any false information relating to a specific property within 48 hours following receipt of a communication from the listing broker explaining why the data or information is false. The Participant shall not, however, be obligated to correct or remove any data or information that simply reflects good faith opinion, advice, or professional judgment.
Section 21.9: A Participant shall cause the MLS Listing Information available on its VOW to be refreshed at least once every three (3) days.
Section 21.10: Except as provided in these rules, the National Association of Realtors® VOW Policy, or any other applicable MLS rules or policies, no Participant shall distribute, provide, or make accessible any portion of the MLS Listing Information to any person or entity.
Section 21.11: A Participant’s VOW must display the Participant’s privacy policy informing Registrants of all of the ways in which information that they provide may be used.
Section 21.12: A Participant’s VOW may exclude listings from display based only on objective criteria, including, but not limited to, factors such as geography, list price, type of property, cooperative compensation offered by listing broker, and whether the listing broker is a REALTOR®.
Section 21.13: A Participant who intends to operate a VOW to display MLS Listing Information must notify the MLS of its intention to establish a VOW and must make the VOW readily accessible to the MLS and to all MLS Participants for purposes of verifying compliance with these Rules, the VOW Policy, and any other applicable MLS rules or policies.
Section 21.14: A Participant may operate more than one VOW himself or herself or through an AVP. A Participant who operates his or her own VOW may contract with an AVP to have the AVP operate other VOWs on his or her behalf. However, any VOW operated on behalf of a Participant by an AVP is subject to the supervision and accountability of the Participant.
(Sections 21.15 and on should be reviewed
MLS/Chairperson