Seller Opt-Out Form

Seller Opt-Out Form


1.Please check either        Option         (a)      or       Option         (b)

a.  ___ I have advised by broker or sales agent that I do not want the listed property to be displayed on the Internet.

OR

b.  ___ I have advised by broker or sales agent that I do ot 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

 

GAAAR MLS Rules & Regulations

ALEXANDRIA AREA MLS SERVICE

RULES AND REGULATIONS

TABLE OF CONTEXT

 

Listing Procedures   ..........................................................     Pg.         2.

Selling Procedures   ..........................................................     Pg.         5.

Refusal to Sell   ..................................................................     Pg.         7.

Prohibitions   .....................................................................      Pg.         7.

Division of Commissions   ...............................................      Pg.         8.

Service Charges   .............................................................      Pg.         10.

Compliance with Rules   ...................................................      Pg.         10.

Meetings   ..........................................................................      Pg.         11.

Personal Assistant/Clerical Member   ............................      Pg.         12.

Enforcement of Rules or Disputes   ................................      Pg.         12.

Confidentiality of MLS Information   ................................      Pg.         13.

Ownership MLS Compilations & Copyrights   ...............      Pg.         13.

Use of Copyrighted MLS Compilations   ........................      Pg.        13.

Use of MLS Information   ..................................................      Pg.         14.

Change in Rules & Regulations   .....................................      Pg.         15.

Arbitration Disputes   ........................................................      Pg.         15.

Orientation   ........................................................................      Pg.         15.

Internet Data Exchange (IDX)   .........................................      Pg.         16.

Lock Boxes   .......................................................................      Pg.         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 ,) excerpt (where sellers expressly direct that photographs of their property not appear in MLS compilations). 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 3/09)

               (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:

 

  1. exclusive right to sell

    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)

     

  2. exclusive agency

    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)

     

                   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)

                                 

    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 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) (GAAAR amended 7/11)

    Multiple Listing Services  requires submission of all legally-required seller disclosure information within 7 days of listing entry, except where sellers expressly direct that such disclosure documents not be disseminated through MLS. (Adopted 5/11)

     

    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)

     

  3. Residential                                        Single Family homes for sale or exchange                             

  4. Commercial (Lease/Purchase)Commercial/ mixed use/ five-units or more for sale, exchange or leas

  5. Vacant Land                                     vacant lots and acreage for sale or exchange

     Farms                                                farms and income producing property

     Multi Family 1-4 units                    two, three & four unit family residential buildings for sale or exchange/                                                                                                    residential income                             

    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/current in every detailincluding photo’s which is ascertainable as specified on the property data form. (Amended 5/11)

  6. Listing Address is to be taken from the USPSnot the County Tax Record

  7. Listing data is to be kept current .

  8. Photo’s are property of the original person taking or submitting them.

  9. Photo’s can not be copied from any listing unless permission in writing is obtained.

    By submitting photographs, architectural renderings, virtual tours and any other pictorial content to the MLS which were taken by the participant and/or subscriber, the submitting participant and/or subscriber grants the MLS and the other participants the right to reproduce and display the media in accordance with the rules and regulations.  Media submitted by the participant or subscriber may only be used for their specified purpose of displaying the subject property.

    Greater Alexandria Area MLS, Inc. reserves the right to reject or remove any media submitted that includes any text, personal advertising or promotion as well as people or persons. The Broker/Agent will be immediately notified if the media is removed by the Greater Alexandria Area MLS.  After removal of the said media, the same fine structure will be followed as referred to in Sec.7e.

    If a listing broker desires to use the photographs, drawings or similar media from the former listing made by another participant (the “Original Listing Broker/Agent”) in connection with the new listing,  Broker/Agent shall first obtain the written permission of the original listing Broker/Agent to do so.

     

    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 forty-eight (48) 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 within forty-eight (48) hours (excepting weekends, holidays and postal holidays).

    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 1.8          Listing Multiple Unit Properties:              All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data form. When part of a listed property has been sold, proper notification should be given to the Multiple Listing Service.

 

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 1.10        Expiration of Listings:   Any listing filed with the Multiple Listing Service will automatically be removed from the compilation of current listings on the expiration dates specified in the agreement, unless prior to that date the MLS received notice that the listing has been extended or renewed. (Amended 11/01)

 

If notice of renewal or extension is received after the listing has been removed from the compilation of current listings, the extension or renewal will be published in the same manner as a new listing (with a new listing contract).     Extensions or renewals of listings must be signed and dated by the seller(s) and filed with the Service. (Amended 11/01)

 

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.

 

 

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.

 

Section 1.16        Name(s) ofLegal Owner(s)

If the seller(s) refuse(s) to permit their legal name(s) to be disseminated by the Service, filing of the listing will be accompanied by letter signed by the seller that he/she does not desire their legal name(s) to be disseminated by the Service. In this instance “Public Record” will be used for Owner Name.  A copy of this agreement will be forwarded to the Greater Alexandria Area MLS Service within two (2) business days, excluding postal holidays and weekends after all necessary signatures of the seller(s) have been obtained.

 

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, and sale prices, 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 and prices 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 11/09)

  • Contingent Sales: The existence of a contingent sale that allows the property to remain on the active market must be disclosed whenever an appointment for showing is requested, and the type of contingency must be disclosed if requested of the cooperating broker. The listing broker shall report to the Service within forty-eight (48) hours, excepting weekends and state or federal holidays that a contingency on file with the Service has been fulfilled or renewed, or the agreement cancelled.

  • Reporting Pending Sales: When a purchase agreement on a listed property has been signed by all parties and the property is no longer available for showings the pending sale shall be reported to the Service or loaded into the computer by the listing broker without sale price or terms within forty-eight (48) hours, excepting weekends and state or federal holidays. The cancellation of any pending sale shall be reported to the Service immediately and the listing shall be reinstated immediately if the listing agreement has not expired.


    Note 1:  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 advertiseto 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)

  • Note 2: In disclosure states, if the sale price of a listed property is recorded, the reporting of the sale price may be required by the MLS.

    In states where the actual sale prices of completed transactions are not publicly accessible, failure to report sale prices can result in disciplinary action only if the MLS:

  • categorizes sale price information as confidential and

  • limits use of sale price information to participants and subscribers in providing real estate services, including appraisals and other valuations, to customers and clients; and to governmental bodies and third-party entities only as provided below.

    The MLS may provide sale price information to governmental bodies only to be used for statistical purposes (including use of aggregated data for purposes of valuing property) and to confirm the accuracy of information submitted by property owners or their representatives in connection with property valuation challenges; and to third-party entities only to be used for academic research, statistical analysis, or for providing services to participants and subscribers. In any instance where a governmental body or third-party entity makes sale price information provided by the MLS available other than as provided for in this provision, a listing participant may request the sale price information for a specific property be withheld from dissemination for these purposes with written authorization from the seller, and withholding of sale price information from those entities shall not be construed as a violation of the requirement to report sale prices.

    Note 3: As established in the Virtual Office Website (“VOW”) policy, sale prices can only be categorized as confidential in states where the actual sale prices of completed transactions are not accessible from public records.)

     

     

    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 2.7          Advertising of Listing filed with the Service          A listing shall not be advertised by any Participant, other than the listing broker, without the prior consent of the listing broker.

 

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)

 

In filing a property with the Multiple Listing Service of the Association 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 5/11)

                             

 

* 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 5/10)

 

* While MLSs are not required to authorize participants to offer cooperative compensation based on net sale prices, those that do permit such offers must define “seller concessions” for purposes other than new construction, unless that term is defined by applicable state law or regulation. The following definition of “seller concessions” is suggested but not required for adoption:

Points paid by seller on behalf of buyer, seller-paid buyer closing costs, cash or cash allowances not escrowed, down payment assistance, additions or alterations not considered deferred maintenance, and personal property not usual and customary to such transactions conveyed from seller to buyer having an agreed upon monetary value. (Adopted 5/12)

 

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)

 

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 submitting 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 5/10)

 

Note 1:  The Association 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.

 

 

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:  Disclosing Potential Short Sales: 

Participants must 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) when reasonably known to the listing participants. (Amended 5/09) (Adopted 4/11)


Where participants 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 the listing and cooperating participants, listing participants shall disclose to cooperating participants in writing the total reduction in the gross commission and the amount by which the compensation payable to the cooperating broker will be reduced within 72 hours of receipt of notification from the lender. (Adopted 5/10)

 

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)  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:

  1. Letter/email of warning

  2. Letter/email of reprimand

  3. attendance at MLS orientation or other appropriate courses or seminars which the participant or subscriber can reasonably attend taking into consideration cost, location, and duration

  4. appropriate, reasonable fine not to exceed $15,000

  5. suspension of MLS rights, privileges, and services for not less than thirty (30) days nor more than one (1) year

  6. termination of MLS rights, privileges, and services with no right to reapply for a specified period not to exceed three (3) years (Adopted 11/07)

  • Note:  A participant (or user/subscriber, where appropriate) can be placed on probation.  Probation is not a form of discipline.  When a participant (or user/subscriber, where appropriate) is placed on probation the discipline is held in abeyance for a stipulated period of time not longer than one (1) year.  Any subsequent finding of a violation of the MLS rules during the probationary period may, at the discretion of the Board of Directors, result in the imposition of the suspended discipline.  Absent any subsequent findings of a violation during the probationary period, both the probationary status and the suspended discipline are considered fulfilled, and the individual’s record will reflect the fulfilment.  The fact that one or more forms of discipline are held in abeyance during the probationary period does not bar imposition of other forms of discipline which will not be held in abeyance. (Revised 05/14) 

 

Section 7.1 Compliance with Rules            The following action may be taken for noncompliance with the rules:

  1. for failure to pay any service charge or fee by the date due, and provided that at least ten (10) days’ notice has been given, the service shall be suspended until service charges or fees are paid in full.
  2. If a Participant’s account is not paid by the due date on the statement/invoice, it will be accessed a $25.00 per month late fee.
  3. NSF Fee:  A fee of $10 will be charged by the Service for any check that is returned from payee’s bank as non-sufficient funds.
  4. Failure to enter a listing within the specified time frame of two (2) days, excluding postal holidays and weekends (not counting the first day) will result in a $25.00 fine per day.
  5. Failure to remove any type of company advertising from the listing will result in a $100 fine, plus removal of offending info if not corrected.
  6. Failure to add property disclosures within 7 days will result in a $20 fine per listing.
  7. Failure to provide the proper paper work to the primary Service for an exempted (Withhold from MLS) listing will result in a $25.00 per day fine.
  8. Failure to post Status Changes with (2) days will result in a $25.oo fine per day.
  9. Failure to make corrections to listings after receiving an Error Email within 72 hours (3 days) will result in a $25.00 fine.
  10. Unauthorized dissemination of a MLS password or an unauthorized access given to another can result in a fine of a minimum of $1,000 and a maximum of $5000.
  11. Unauthorized use of MLS data in a member’s advertising will result in a $1,000 fine.
  12. Entering a listing into the primary MLS Service without a valid contract or extending a listing without a valid agreement will result in a $1,000 fine.
  13. Unauthorized access to property or not following showing instructions of the primary MLS will result in a $1,000 fine.
  14. Revealing of confidential information will carry a $1,000 fine.
  15. or failure to comply with any other rule, the provisions of Sections 10 and 10.1 shall apply
  16. Failure to comply with Sec. 12 (Distribution) will result in a fine of $100.
  17. Failure to comply with Sec. 17(Orientation) will result in suspension of service to the Participant office of the new member.
  18. MLS Participants must report violations to the Primary MLS where the violation occurred.
  19. GeoCoding (mapping) of listings is mandatory upon entry.  Failure to comply will result...within 3 days after error notice a $25.00 fine..!
  20. Broker to Broker unconditional offer of compensation ( bonus) must be place ONLY in the Agent Remarks section.  NO conditions can be stated. Failure to comply will result in a $100.00  fine!
  21. The Exempted Listing Form must (Withhold  from MLS) be submitted to the primary MLS office within 2 business days, excluding holidays and weekends (not counting the first day).  Failure to comply with this rule will carry a .$25.00 fine per day.....until submitted.
  22. A copy of The MLS input form signed by seller shall be submitted to the service for verification.


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)

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 (replace)     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.

 

               *  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 compilations 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, comparables, or statistical information from utilizing such information to support valuations on a particular properties for clients and customers.  Any MLS content in data feeds available to participants for real estate brokerage purposes must also be available to participants for valuation purposes, including automated valuations.  MLSs must either permit use of existing data feeds, or create a separate data feed, to satisfy this requirement.  MLSs may require execution of a third-party license agreement where deemed appropriate by the MLS.  MLSs may require participants who will use such data feeds to pay the reasonably estimated costs incurred by the MLS in adding or enhancing its downloading capacity for this purpose.  Information deemed confidential may not be used as supporting documentation.  Any other use of such information is unauthorized and prohibited by these rules and regulations. (Amended 05/14) 

 

 

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.

                                                                                             

 

 

ARBITRATION OF DISPUTES

 

Section 16 

By becoming and remaining a participant, each participant agrees to arbitrate disputes involving contractual issues and questions, and specific non-contractual issues and questions defined in Standard of Practice 17-4 of the Code of Ethics with MLS participants in different firms arising out of their relationships as MLS participants subject to the following qualifications:

 

a. If all disputants are members of the same association of Realtors® or have their principal place of business within the same association’s territorial jurisdiction, they shall arbitrate pursuant to the procedures of that association of Realtors®.

b. If the disputants are members of different associations of Realtors® or if their principal place of
business is located within the territorial jurisdiction of different associations of Realtors®, they remain obligated to arbitrate in accordance with the procedures of the ___Minnesota__ (state association of Realtors®). (Amended 11/97)

Interboard Arbitration Procedures: Arbitration shall be conducted in accordance with any existing interboard agreement or, alternatively, in accordance with the interboard arbitration procedures in the Code of Ethics and Arbitration Manual of the National Association of Realtors®. Nothing herein shall preclude participants from agreeing to arbitrate the dispute before a particular association of Realtors®. (Amended 11/98)

 

Orientation

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  6 Months


 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 Internet Data Exchange (IDX)


Note: These model rules, originally adopted in November 2001, are updated to reflect comprehensive enhancements to the IDX policy approved in November 2009. 
IDX affords MLS participants the ability to authorize limited electronic display of their listings by other participants. (Amended 05/12)
Section 18.1 Authorization            Participants’ consent for display of their listings by other participants pursuant to these rules and regulations is presumed unless a participant affirmatively notifies the MLS that the participant refuses to permit display (either on a blanket or on a listing-by-listing basis). If a participant refuses on a blanket basis to permit the display of that participant’s listings, that participant may not download frame or display the aggregated MLS data of other participants. Even where participants have given blanket authority for other participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis where by the seller has prohibited all internet display. (Amended 5/12)

Section 18.2 Participation                       Participation in IDX is available to all MLS participants who are REALTORS® who are engaged in real estate brokerage and who consent to display of their listings by other participants. (Amended 11/09)

Section 18.2.1                    Participants must notify the MLS of their intention to display IDX information and must give the MLS direct access for purposes of monitoring/ensuring compliance with applicable rules and policies. (Amended 05/12)

Section 18.2.2                    MLS participants may not use IDX-provided listings for any purpose other than display as provided for in these rules. This does not require participants to prevent indexing of IDX listings by recognized search engines. (Amended 05/12)
 

Section 18.2.3                    Listings,  including property addresses, can be included in IDX displays except where a seller has directed their listing brokers to withhold their listing or the listing’s property address from all display on the Internet (including, but not limited to, publicly-accessible websites or VOWs). (Amended 05/12)

Section 18.2.4                    Participants may select the listings they choose to display on their IDX sites based only on objective criteria including, but not limited to, factors such as geography or location (“uptown”, “downtown”, etc.), list price, type of property, (e.g., condominiums, cooperatives, single-family detached, multi-family),r cooperative compensation offered by listing brokers, type of listing (e.g., exclusive right to sell, exclusive agency, or open listing), or the level of service being provided by the listing firm.  Selection of listings displayed on any IDX site must be independently made by each Participant.

Section 18.2.5     Participants must refresh all MLS downloads and IDX displays automatically fed by those downloads at least once every 12 hours. (Amended 05/12)

• Section 18.2.6

Except as provided in the IDX policy and these rules, an IDX site or a participant or user operating an IDX site or displaying IDX information as otherwise permitted may not distribute, provide, or make any portion of the MLS database available to any person or entity. (Amended 05/12)

 

• Section 18.2.7

Any IDX display controlled by a participant must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. For purposes of the IDX policy and these rules, “control” means the ability to add, delete, modify and update information as required by the IDX policy and MLS rules. (Amended 05/12)


Section 18.2.8

Any IDX display controlled by a participant or subscriber that
a.            allows third-parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or
b.            displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing, either or both of those features shall be disabled or discontinued for  the seller’s listings at the request 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 displays controlled by participants’ . Except for the foregoing and subject to Section 18.2.9, a participant’s IDX display may communicate the participant’s professional judgment concerning any listing. Nothing shall prevent an IDX  display from notifying its customers that a particular feature has been disabled at the request of the seller. (Adopted 11/09) (Amended 5/12)

Section 18.2.9
Participants shall maintain a means (e.g., e-mail address, telephone number) to receive comments about the accuracy of any data or information that is added by or on behalf of the participant beyond that supplied by the MLS and that relates to a specific property. Participants shall correct or remove any false data or information relating to a specific property upon receipt of a communication from the listing broker or listing agent for the property explaining why the data or information is false. However, participants shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment. (Adopted 11/09) (Amended 5/12)

 

Section 18.2.10 be added to the Internet Data Exchange (“IDX”) Rules (all types)

 

An MLS Participant (or where permitted locally, an MLS Subscriber) may co-mingle the listings of other brokers received in an IDX feed with listings available from other MLS IDX feeds, provided all such displays are consistent with the IDX rules, and the MLS Participant (or MLS Subscriber) holds participatory rights in those MLSs.  As used in this policy, “co-mingling” means that consumers are able to execute a single property search of multiple IDX data feeds resulting in the display of IDX information from each of the MLSs on a single search results page; and that Participants may display listings from each IDX feed on a single webpage or display. (Adopted 11/14) 

 

Section 18.3        Display

Display of listing information pursuant to IDX is subject to the following rules:

Section 18.3.1     Listings displayed pursuant to IDX shall contain only those fields of data designated by the MLS. Display of all other fields (as determined by the MLS) is prohibited. Confidential fields intended only for other MLS participants and users (e.g., cooperative compensation offers, showing instructions, property security information, etc.) may not be displayed. (Amended 5/12)

Section 18.3.1.1  The type of listing agreement (e.g., exclusive right to sell, exclusive agency, etc.) may not be displayed  (Amended 5/12)

Section 18.3.2     Participants shall not modify or manipulate information relating to other participants' listings. (This is not a limitation on site design but refers to changes to actual listing data.) MLS data may be augmented with additional data not otherwise prohibited from display so long as the source of the additional data is clearly identified. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized data fields.

Section 18.3.3     All listings displayed pursuant to IDX shall identify the listing firm in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. Displays of minimal information (e.g., “thumbnails,” text messages, “tweets,” etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. (Amended 05/12)

Section 18.3.4     All listings displayed pursuant to IDX shall identify the listing agent.

Section 18.3.5     Non-principal brokers and sales licensees affiliated with IDX participants may display information available through IDX on their own Web sites subject to their participant’s consent and control and the requirements of state law and/or regulation.

Section 18.3.7     All listings displayed pursuant to IDX shall show the MLS as the source of the information. Displays of minimal information (e.g., “thumbnails”, text messages, “tweets”, etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. (Amended 05/12)

Section 18.3.8     Participants (and their affiliated licensees, if applicable) shall indicate on their Web sites that IDX information is provided exclusively for consumers’ personal, non-commercial use, that it  may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing, and that data is deemed reliable but is not guaranteed accurate by the MLS. The MLS may, at its discretion, require use of other disclaimers as necessary to protect participants and/or the MLS from liability. Displays of minimal information (e.g., “thumbnails,” text messages, “tweets,” etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. (Amended 05/12)

Displays of minimal information (e.g., “thumbnails,” text messages, “tweets,” etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. (Amended 05/12)

Section 18.3.9     The data consumers can retrieve or download in response to an inquiry shall be determined by the MLS but in no instance shall be limited to fewer than one hundred (100) listings or five percent (5%) of the listings available for IDX display, whichever is fewer. (Amended 11/09)


Section 18.3.10          The right to display other participants’ listings pursuant to IDX shall be limited to a participant’s office(s) holding participatory rights in this MLS.

Section 18.3.11          Listings obtained through IDX feeds from REALTOR® Association MLSs where the MLS Participant holds participatory rights must be displayed separately from listings obtained from other sources, including information provided by other MLSs. Listings obtained from other sources (e.g., from other MLSs, from non-participating brokers, etc.) must display the source from which each such listing was obtained. Displays of minimal information (e.g., “thumbnails,” text messages, “tweets,” etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. (Amended 05/12)


Note:  An MLS Participant (or where permitted locally, an MLS Subscriber) may co-mingle the listings of other brokers received in an IDX feed with listings available from other MLS IDX feeds, provided all such displays are consistent with the IDX rules, and the MLS Participant (or MLS Subscriber) holds participatory rights in those MLSs.  As used in this policy, “co-mingling” means that consumers are able to execute a single property search of multiple IDX data feeds resulting in the display of IDX information from each of the MLSs on a single search results page; and that Participants may display listings from each IDX feed on a single webpage or display. (Adopted 11/14)

 

Section 18.3.12 -- Display of expired, withdrawn, pending, and sold listings* is prohibited. (Amended 11/14)

 

* Note: If “sold” information is publicly accessible, display of “sold” listings may not be prohibited. (Adopted 11/14)



Section 18.3.13  Display of seller’s(s’) and/or occupant’s(s’) name(s), phone number(s), and email address(es) is
prohibited.

Note: The following Sections 18.3.14 and 18.3.15 may be adopted by MLSs that provide participants with a “persistent” download (i.e., where the MLS database resides on participants’ servers) of the MLS database.

Section 18.3.14  Participants are required to employ appropriate security protection such as firewalls, on their websites and displays, provided that any security measures required may not be greater than those employed by the MLS. (Amended 5/12)

Section 18.3.15  Participants must maintain an audit trail of consumer activity on their website and make that information available to the MLS if the MLS believes the IDX site has caused or permitted a breach in the security of the data or a violation of MLS rules related to use by consumers. (Amended 5/12)

Section 18.3.16  Advertising (including co-branding) on pages displaying IDX-provided listings is prohibited.
Deceptive or misleading advertising (including co-branding) on pages displaying IDX-provided listings is prohibited. For purposes of these rules, co-branding will be presumed not to be deceptive or misleading if the participant’s logo and contact information is larger than that of any third party. (Adopted 11/09)

Section 18.4        Service fees and charges for participation in IDX shall be as established annually by the Board of Directors. (Adopted 11/01, Amended 5/05)

 

 

 

LOCK BOXE SYSTEM

 

Section 20           Lock Box system

The Supra iBox BT and ActiveKey/Ekey system are the designated Lockbox system. Lockbox keys (ActiveKey) or the wireless smart phone option (Ekey) may be “leased” by each participant or licensed or certified appraisers or Affiliate Member Home Inspectors affiliated with the Greater Alexandria Area Association of REALTORS, Inc. provided they agree, in writing, to be bound by the rules and procedures governing the lock box system as set forth by the (GAAAR) and they pay the appropriate fee for the ActiveKEY/Ekey and the monthly service fee, determined by the Association charged to the lease on a monthly statement. Ownership of the Ibox BT remains with the Association and each participant (broker) is responsible for maintaining an inventory of the IBox BTs assigned to the participant. The participant (broker) will be billed the current replacement cost for lost, damaged or stolen safes.

 

               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

                             

Section 20.1

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 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.

 

  1. 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: (see end of document)

    (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.

     

                   MLS/Chairperson



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