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Space Coast Multiple Listing Service Rules
Effective 10.2023
Space Coast
Multiple Listing Service, Inc.
Rules and Regulations
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Space Coast Multiple Listing Service Rules
Effective 10.2023
Table of Contents
INTRODUCTION AND DEFINITIONS ................................................................................................................................ 12
Article 1: Name ................................................................................................................................................................... 12
Article 2: Purpose ............................................................................................................................................................... 12
Article 3: Jurisdiction ........................................................................................................................................................... 12
Article 4: Participation ......................................................................................................................................................... 12
Article 5: Service Charges .................................................................................................................................................. 13
LISTING PROCEDURES (Section 1) ................................................................................................................................. 13
Section 1 - Listing Procedures: See Fine Section 22.2 ...................................................................................................... 13
Section 1.0.1 - Clear Cooperation: See Fine Section 22.8 ................................................................................................ 15
Section 1.1 - Types of Properties: ...................................................................................................................................... 15
Section 1.1.1 - Listing Subject to Rules and Regulations of the Service: .......................................................................... 15
Section 1.1.2 – Equitable Interest: ...................................................................................................................................... 15
Section 1.2.0 – Accuracy of Listing Data ............................................................................................................................ 15
Section 1.2.1 - Limited-Service Listings: ............................................................................................................................ 16
Section 1.2.2 - MLS Entry-only Listings:............................................................................................................................. 16
Section 1.2.3 - Coming Soon Status: See Fine Section 22.7 ............................................................................................ 16
Section 1.3 - Exempt Listings: See Fine Section 22.9.1 .................................................................................................... 17
Section 1.4 - Change of Status of Listing: See Fine Section 22.2 ..................................................................................... 17
Section 1.4.1 – Listing Status Types: ................................................................................................................................. 17
Section 1.5 - Withdrawal of Listing Prior to Expiration: ...................................................................................................... 18
Section 1.5.1 – Listing Data Manipulation: See Fine Section 22.13 .................................................................................. 18
Section 1.6 - Contingent or Pending Status Change to Applicable Listings: See Fine Section 22.2 ................................ 18
Section 1.7 - Listing Price Specified: .................................................................................................................................. 18
Section 1.8 - Listing Multiple Unit Properties: ..................................................................................................................... 18
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Section 1.9 - No Control of Commission Rates or Fees Charged by Participants: ............................................................ 18
Section 1.10 - Expiration of Listings: .................................................................................................................................. 19
Section 1.11 - Termination Date on Listings: ..................................................................................................................... 19
Section 1.12 - Service Area: ............................................................................................................................................... 19
Section 1.13 - Listing of Suspended Participants: .............................................................................................................. 19
Section 1.14 - Listing of Expelled Participants: .................................................................................................................. 19
Section 1.15 - Listings of Resigned Participants: ............................................................................................................... 19
Section 1.16 - Auction Properties: ...................................................................................................................................... 19
Section 1.17 - Short Sale Properties: ................................................................................................................................. 19
Section 1.18 - Exclusions: See Fine Section 22.2 ............................................................................................................. 20
Section 1.19 - Contact Information on Listings: See Fine Section 22.6 ............................................................................. 20
Section 1.20 - Virtual Tours, Videos and Audio Files: See Fine Section 22.6 .................................................................. 20
Section 1.21 - Photos in MLS: See Fine Section 22.6 ...................................................................................................... 20
Section 1.21b - Waterfront: See fine Section 22.2 ............................................................................................................. 20
Section 1.21c - Water view Property: See fine Section 22.2 ............................................................................................. 21
Section 1.22 - Listing Content: ........................................................................................................................................... 21
Section 1.23 – Directions See Fine Section 22.2 ............................................................................................................... 21
Section 1.24 – Property Addresses: See Fine Section 22.2 .............................................................................................. 21
Section 1.25 - ...................................................................................................................................................................... 21
Section 1.26 - Combination Lockbox Codes and Gate Codes: See Fine Section 22.2 .................................................... 21
Section 1.27 - Special Requirements in Listings Disclosed: .............................................................................................. 21
Section 1.28 - Participant as Principal: ............................................................................................................................... 21
Section 1.29 - Participant as Purchaser: ............................................................................................................................ 21
SELLING PROCEDURES (Section 2) ................................................................................................................................ 21
Section 2 - Showings and Negotiations: See Fine Section 22.10 ..................................................................................... 21
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Section 2.1 - Presentation of Offers: ................................................................................................................................... 22
Section 2.2 - Submission of Written Offers and Counter-offers: ......................................................................................... 22
Section 2.3 - Right of Cooperating Broker in Presentation of Offer: .................................................................................. 22
Section 2.4 - Right of Listing Broker in Presentation of Counter-Offer: .............................................................................. 22
Section 2.5 - Reporting Sales to the Service: See Fine Section 22.2 ............................................................................... 22
Section 2.6 - Reporting Resolutions of Contingencies: See Fine Section 22.2 ................................................................ 22
Section 2.7 - Advertising of Listing Filed with the MLS: See Fine Section 22.14 .............................................................. 23
Section 2.8 - Reporting Cancellation of Pending Sale: See Fine Section 22.2 ................................................................. 23
Section 2.9 - Disclosing the Existence of Offers: ............................................................................................................... 23
Section 2.10 - Availability of Listed Property: See Fine Section 22.2 ............................................................................... 23
Section 2.11 - Disclosing the Existence of Offers for Short Sales: .................................................................................... 23
REFUSAL TO SELL (Section 3) ......................................................................................................................................... 23
Section 3 - Refusal to Sell: ................................................................................................................................................. 23
PROHIBITIONS (Section 4) ............................................................................................................................................... 23
Section 4 - Information for Participants Only: ..................................................................................................................... 23
Section 4.1 - “For Sale” Signs: ........................................................................................................................................... 23
Section 4.2 - “Sold” Signs: .................................................................................................................................................. 24
Section 4.3 - Solicitation of Listing Filed with the MLS: ...................................................................................................... 24
Section 4.4 - Use of the Terms MLS and Multiple Listing Service: .................................................................................... 24
Section 4.5 – Services Advertised as “Free”: See Fine Section 22.15 ............................................................................. 24
DIVISION OF COMMISSIONS (Section 5) ........................................................................................................................ 24
Section 5.0 - Compensation Specified on Each Listing:..................................................................................................... 24
Section 5.0.1 - Disclosing Potential Short Sales: ............................................................................................................... 25
Section 5.1 - Participant as Principal: ................................................................................................................................. 25
Section 5.2 - Participant as Purchaser: .............................................................................................................................. 25
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Section 5.3 - Dual or Variable Rate Commission Arrangements: See Fine Section 22.2 .................................................. 25
Section 5.4 – Display of Listing Broker’s Offer of Compensation: ...................................................................................... 26
ELECTRONIC LOCKBOXES AND eKEY App (Section 6) ................................................................................................ 26
Section 6.1.1 - Electronic Lock Box System: ...................................................................................................................... 26
Section 6.1.2 – Space Coast MLS offers Three types of e-KEY Access’ to Lockboxes: ................................................... 26
Section 6.1.4 - Eligibility: .................................................................................................................................................... 26
Section 6.1.5 – Business Partner Members: ...................................................................................................................... 26
Section 6.1.6 - Authorization to use Lock Box: ................................................................................................................... 26
Section 6.1.7 - Removal of Lockboxes: See Fine Section 22.10 ...................................................................................... 27
Section 6.1.8 – Warranty: ................................................................................................................................................... 27
Section 6.1.9 - Shackle Security: ........................................................................................................................................ 27
Section 6.1.10 - Access Hours: .......................................................................................................................................... 27
Section 6.1.11 – SUPRA Access Limits: ............................................................................................................................ 27
Section 6.1.12 - Reporting of Issues: See Fine Section 22.10 ........................................................................................... 27
Section 6.1.13 - Combination Lockboxes and/or Confidential Codes: See Fine Section 22.12 ........................................ 27
Section 6.1.14 – Loan of a Lockbox key: See Fine Section 22.11 ..................................................................................... 27
Non-COMPLIANCE WITH RULES (Section 7) .................................................................................................................. 27
Section 7 – Non-Compliance with Rules / Authority to Impose Discipline: ........................................................................ 27
Section 7.1 – Non-Compliance with Rules: ........................................................................................................................ 28
Section 7.2 - Applicability of Rules to Users and/or Subscribers: ...................................................................................... 28
MEETINGS (Section 8)....................................................................................................................................................... 28
Section 8.1 - Meetings of MLS Operated as a wholly-owned subsidiary corporation: ....................................................... 28
ENFORCEMENT OF RULES OR DISPUTES (Section 9) ................................................................................................. 28
Section 9 - Consideration of Alleged Violations: ................................................................................................................ 28
Section 9.1 - Violations of Rules and Regulations: ............................................................................................................ 28
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Section 9.2 - Complaints of Unethical Conduct: ................................................................................................................. 29
Section 9.3 Complaints of Unauthorized Use of Listing Content: ...................................................................................... 29
Section 9.4 MLS Rules Violations ...................................................................................................................................... 29
CONFIDENTIALITY OF MLS INFORMATION (Section 10) .............................................................................................. 29
Section 10 - Confidentiality of MLS Information: ................................................................................................................ 29
Section 10.1 - MLS Not Responsible for Accuracy of Information: .................................................................................... 29
OWNERSHIP OF MLS COMPILATION
1
AND COPYRIGHT (Section 11) ........................................................................ 30
Section 11 - Authorization: ................................................................................................................................................. 30
Section 11.1: ....................................................................................................................................................................... 30
Section 11.2 - Display: ........................................................................................................................................................ 30
USE OF COPYRIGHTED MLS COMPILATION (Section 12) ............................................................................................ 31
Section 12 – Distribution: .................................................................................................................................................... 31
Section 12.1- Display: ......................................................................................................................................................... 31
Section 12.2 - Reproduction: .............................................................................................................................................. 31
USE OF MLS INFORMATION (Section 13) ....................................................................................................................... 32
Section 13 - Limitations on Use of MLS Information: See Fine Section 22.2 ................................................................... 32
Section 13.1 - Sharing of MLS Passwords Prohibited: See Fine Section 22.4 .................................................................. 32
CHANGES IN RULES AND REGULATIONS (Section 14) ................................................................................................ 32
Section 14 - Changes in Rules and Regulations: ............................................................................................................... 32
ARBITRATION OF DISPUTES (Section 15) ...................................................................................................................... 32
Section 15 - Arbitration of Disputes: ................................................................................................................................... 32
STANDARDS OF CONDUCT FOR MLS PARTICIPANTS (Section 16) ........................................................................... 33
Section 16.1 - ...................................................................................................................................................................... 33
Section 16.2 - ...................................................................................................................................................................... 33
Section 16.3 - ...................................................................................................................................................................... 33
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Section 16.4 - ...................................................................................................................................................................... 33
Section 16.5 - ...................................................................................................................................................................... 33
Section 16.6 - ...................................................................................................................................................................... 33
Section 16.7 - ...................................................................................................................................................................... 33
Section 16.8 - ...................................................................................................................................................................... 33
Section 16.9 - ...................................................................................................................................................................... 33
Section 16.10 - .................................................................................................................................................................... 33
Section 16.11 - .................................................................................................................................................................... 33
Section 16.12 - .................................................................................................................................................................... 33
Section 16.13 - .................................................................................................................................................................... 34
Section 16.14 - .................................................................................................................................................................... 34
Section 16.15 - .................................................................................................................................................................... 34
Section 16.16 - .................................................................................................................................................................... 34
Section 16.17 - .................................................................................................................................................................... 34
Section 16.18 - .................................................................................................................................................................... 34
Section 16.19 - .................................................................................................................................................................... 34
Section 16.20 - .................................................................................................................................................................... 34
Section 16.21 - .................................................................................................................................................................... 34
Section 16.22 - .................................................................................................................................................................... 35
Section 16.23 - .................................................................................................................................................................... 35
Section 16.24 - .................................................................................................................................................................... 35
Section 16.25 - .................................................................................................................................................................... 35
ORIENTATION (Section 17) ............................................................................................................................................... 35
Section 17 - Orientation: ..................................................................................................................................................... 35
INTERNET DATA EXCHANGE (IDX) (BROKER RECIPROCITY) (Section 18) ............................................................... 35
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Section 18 - IDX Defined: ................................................................................................................................................... 35
Section 18.1 - Authorization: .............................................................................................................................................. 35
Section 18.2 - Participation: ................................................................................................................................................ 36
Section 18.2.1 - ................................................................................................................................................................... 36
Section 18.2.2 - ................................................................................................................................................................... 36
Section 18.2.3 - ................................................................................................................................................................... 36
Section 18.2.4 - ................................................................................................................................................................... 36
Section 18.2.5 - ................................................................................................................................................................... 36
Section 18.2.6 - ................................................................................................................................................................... 36
Section 18.2.7 - ................................................................................................................................................................... 36
Section 18.2.8 - ................................................................................................................................................................... 36
Section 18.2.9 - ................................................................................................................................................................... 36
Section 18.2.10 - ................................................................................................................................................................. 36
Section 18.2.11 - ................................................................................................................................................................. 37
Section 18.2.12 - ................................................................................................................................................................. 37
Section 18.3 - ...................................................................................................................................................................... 37
Section 18.3.1 - ................................................................................................................................................................... 37
Section 18.3.1.1 - ................................................................................................................................................................ 37
Section 18.3.2 - ................................................................................................................................................................... 37
Section 18.3.3 - ................................................................................................................................................................... 37
Section 18.3.4 – .................................................................................................................................................................. 37
Section 18.3.5 - ................................................................................................................................................................... 37
Section 18.3.6 - ................................................................................................................................................................... 37
Section 18.3.7 - ................................................................................................................................................................... 37
Section 18.3.8 - ................................................................................................................................................................... 37
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Section 18.3.9 - ................................................................................................................................................................... 37
Section 18.3.10 - ................................................................................................................................................................. 37
Section 18.3.11 - ................................................................................................................................................................. 37
Section 18.3.12 - ................................................................................................................................................................. 38
Section 18.3.13 - ................................................................................................................................................................. 38
Section 18.3.14 - ................................................................................................................................................................. 38
Section 18.3.15 - ................................................................................................................................................................. 38
Section 18.3.16 - Advertising .............................................................................................................................................. 38
Section 18.4 - Service Fees and Charges .......................................................................................................................... 38
VIRTUAL OFFICE WEBSITES (VOWs) Section 19 ........................................................................................................... 38
Section 19.1 - VOW Defined: ............................................................................................................................................. 38
Section 19.2 ........................................................................................................................................................................ 38
Section 19.3 ........................................................................................................................................................................ 39
Section 19.4 - ...................................................................................................................................................................... 40
Section 19.5 - ...................................................................................................................................................................... 40
Section 19.6 ........................................................................................................................................................................ 40
Section 19.7 ........................................................................................................................................................................ 40
Section 19.8 - ...................................................................................................................................................................... 41
Section 19.9 - ...................................................................................................................................................................... 41
Section 19.10 - .................................................................................................................................................................... 41
Section 19.11 - .................................................................................................................................................................... 41
Section 19.12 - .................................................................................................................................................................... 41
Section 19.13 - .................................................................................................................................................................... 41
Section 19.14 - .................................................................................................................................................................... 41
Section 19.15 - .................................................................................................................................................................... 41
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Section 19.16 - .................................................................................................................................................................... 41
Section 19.17 - .................................................................................................................................................................... 41
Section 19.18 - .................................................................................................................................................................... 41
Section 19.19 - .................................................................................................................................................................... 42
Section 19.20 - .................................................................................................................................................................... 42
Section 19.21 - .................................................................................................................................................................... 42
Section 19.22 - .................................................................................................................................................................... 42
Section 19.23 - .................................................................................................................................................................... 42
Section 19.24 - .................................................................................................................................................................... 42
Section 19.25 - .................................................................................................................................................................... 42
Broker Back Office Feed (Section 20) ................................................................................................................................ 42
Section 20.1 - Broker Back Office Feed Data Defined: ...................................................................................................... 42
Section 20.2 - Broker Back Office Feed User Defined: ...................................................................................................... 42
Section 20.3 - Broker Back Office Feed Use by Participant: .............................................................................................. 42
Section 20.4 - No Opt Out: ................................................................................................................................................. 42
Participant Valuation Data Use (Section 21) ...................................................................................................................... 43
Section 21.1 - Participant Valuation Defined: ..................................................................................................................... 43
Section 21.2 - Valuation Vendor: ........................................................................................................................................ 43
Section 21.3 - Provision of Participant Valuation: .............................................................................................................. 43
Section 21.4 - Eligible Registrants: ..................................................................................................................................... 43
Section 21.5 - Registration e-mail Address: ....................................................................................................................... 43
Section 21.6 - Terms of Use: .............................................................................................................................................. 43
Section 21.7 - Rights Limited to Participants: ..................................................................................................................... 44
Section 21.8 - Standard of Care and Display: .................................................................................................................... 44
Section 21.9 - Compliance Checking: ................................................................................................................................ 44
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Section 21.10 - No Disclosure of Confidential Data: .......................................................................................................... 44
Section 21.11 - Display requirements:................................................................................................................................ 44
FINES FOR NON-COMPLIANCE (Section 22) .................................................................................................................. 44
Section 22.0 – Dispute/Appeal of MLS Fines: .................................................................................................................... 45
Section 22.1 - ...................................................................................................................................................................... 45
Section 22.2 - ...................................................................................................................................................................... 45
Section 22.3 - ...................................................................................................................................................................... 46
Section 22.4 - ...................................................................................................................................................................... 46
Section 22.5 - ...................................................................................................................................................................... 46
Section 22.6 - For Photo and Any Branding Violations: ..................................................................................................... 46
Section 22.7 - Coming Soon Violations: ............................................................................................................................. 46
Section 22.8 - Clear Cooperation Violations: ..................................................................................................................... 46
Section 22.9 - Seller Exempt Listings Paperwork: ............................................................................................................. 47
Section 22.9.1 - Showing of Excluded Properties: ............................................................................................................. 47
Section 22.10 - Lockbox System, Showing Instructions and Negotiations Violations: ...................................................... 48
Section 22.11 - Loan of Key: .............................................................................................................................................. 48
Section 22.12 - Displaying Confidential Codes in the MLS: ............................................................................................... 48
Section 22.13 - Listing Data Manipulation: ......................................................................................................................... 48
Section 22.14 - Advertising a listing: .................................................................................................................................. 49
Section 22.15 - Services Advertised as “Free”: .................................................................................................................. 49
SERVICE CHARGES (Section 23) ..................................................................................................................................... 49
Section 23.1 - Initial Application Fee: ................................................................................................................................. 49
Section 23.2 - Recurring Participation Fee: ........................................................................................................................ 49
Section 23.3 - Optional Fees: ............................................................................................................................................. 50
Section 23.4 - Refund Policy: ............................................................................................................................................. 50
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Section 23.5 - Late Fees: ................................................................................................................................................... 50
Section 23.6 – Reinstatement for Nonpayment: ................................................................................................................. 50
Section 23.7 - Non-Sufficient Funds: .................................................................................................................................. 50
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INTRODUCTION AND DEFINITIONS
Article 1: Name
Rules and Regulations of Space Coast Multiple Listing Service, Inc, hereinafter referred to as the MLS, shall maintain for
the use of the members a Multiple Listing Service which shall be subject to the Bylaws and MLS Governing Body* of
Space Coast Association of REALTORS®, Inc. and such Rules and Regulations as may be hereinafter adopted.
*Note: "MLS Governing Body", shall mean the MLS Corporation, a wholly-owned subsidiary corporation of the Space
Coast Association of REALTORS®.
Article 2: Purpose
A Multiple Listing Service(MLS) is a means by which authorized Participants make blanket unilateral offers of
compensation to other Participants (acting as subagents, buyer agents, or in other agency or non-agency capacities
defined by law); by which cooperation among participants is enhanced; by which information is accumulated and
disseminated to enable authorized Participants to prepare appraisals, analyses, and other valuations of real property
for bona fide clients and customers; by which Participants engaging in real estate appraisal contribute to common
databases; and is a facility for the orderly correlation and dissemination of listing information so participants may better
serve their clients and the public. Entitlement to compensation is determined by the cooperating broker’s performance
as a procuring cause of the sale (or lease).
Article 3: Jurisdiction
The area within which the MLS shall function shall at all times be coextensive with the territorial jurisdiction of the Space
Coast Association of REALTORS, Inc.
Article 4: Participation
Participation Defined: Any REALTOR® of this or any other Board or Association of REALTORS® who is a principal,
partner, corporate officer, or branch office manager acting on behalf of a principal, without further qualification, except as
otherwise stipulated in these bylaws, shall be eligible to participate in Multiple Listing upon agreeing in writing to conform
to the rules and regulations thereof and to pay the costs incidental thereto.* However, under no circumstances is any
individual or firm, regardless of membership status, entitled to Multiple Listing Service “membership” or “participation”
unless they hold a current, valid real estate broker’s license and offer or accept compensation to and from other
Participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real
property.** Use of information developed by or published by a Board or Association of REALTORS® Multiple Listing
Service is strictly limited to the activities authorized under a Participant’s licensure(s) or certification and unauthorized
uses are prohibited. Further, none of the foregoing is intended to convey “participation” or “membership” or any right of
access to information developed by or published by a Board or Association of REALTORS® Multiple Listing Service
where access to such information is prohibited by law.
Mere possession of a broker's license is not sufficient to qualify for MLS participation. Rather, the requirement that an
individual or firm offers or accepts cooperation and compensation means that the participant actively endeavors during
the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of
cooperation and compensation made by listing brokers or agents in the MLS. “Actively” means on a continual and
ongoing basis during the operation of the participant's real estate business. The ‘'actively” requirement is not intended to
preclude MLS participation by a participant or potential participant that operates a real estate business on a part-time,
seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by
market conditions. Similarly, the requirement is not intended to deny MLS participation to a participant or potential
participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to
permit an MLS to deny participation based on the level of service provided by the participant or potential participant as
long as the level of service satisfies state law.
The key is that the participant or potential participant actively endeavors to make or accept offers of cooperation and
compensation with respect to properties of the type that are listed on the MLS in which participation is sought. This
requirement does not permit an MLS to deny participation to a participant or potential participant that operates a “Virtual
Office Website” (VOW) (including a VOW that the participant uses to refer customers to other participants) if the
participant or potential participant actively endeavors to make or accept offers of cooperation and compensation. An
MLS may evaluate whether a participant or potential participant actively endeavors during the operation of its real estate
business to offer or accept cooperation and compensation only if the MLS has a reasonable basis to believe that the
participant or potential participant is in fact not doing so. The membership requirement shall be applied in a
nondiscriminatory manner to all participants and potential participants.
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Nonmember Participation Defined: (a) A nonmember applicant for MLS participation who is a principal, partner,
corporate officer, or branch office manager acting on behalf of a principal, shall supply evidence satisfactory to the MLS
that he/she has no record of recent or pending bankruptcy; has no record of official sanctions involving unprofessional
conduct; agrees to complete a course of instruction (if any) covering the MLS Rules and Regulations and computer
training related to MLS information entry and retrieval, and shall pass such reasonable and non-discriminatory written
examination thereon as may be required by the MLS; and shall agree that if elected as a participant, he/she will abide
by such rules and regulations and pay the MLS fees and dues, including the nonmember differential (if any), as from
time to time established. Under no circumstances is any individual or firm entitled to MLS participation or membership
unless they hold a current, valid real estate broker's license and offer or accept compensation to and from other
participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real
property. Use of information developed by or published by an association multiple listing service is strictly limited to the
activities authorized under a participant's licensure(s) or certification and unauthorized uses are prohibited. Further,
none of the foregoing is intended to convey participation or membership or any right of access to information developed
by or published by an association multiple listing service where access to such information is prohibited by law.
Mere possession of a broker's license is not sufficient to qualify for MLS participation. Rather, the requirement that an
individual or firm offers or accepts cooperation and compensation means that the participant actively endeavors during
the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of
cooperation and compensation made by listing brokers or agents in the MLS. “Actively” means on a continual and
ongoing basis during the operation of the participant's real estate business. The ‘'actively” requirement is not intended
to preclude MLS participation by a participant or potential participant that operates a real estate business on a part-
time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity
occasioned by market conditions.
Similarly, the requirement is not intended to deny MLS participation to a participant or potential participant who has not
achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny
participation based on the level of service provided by the participant or potential participant as long as the level of
service satisfies state law.
The key is that the participant or potential participant actively endeavors to make or accept offers of cooperation and
compensation with respect to properties of the type that are listed on the MLS in which participation is sought. This
requirement does not permit an MLS to deny participation to a participant or potential participant that operates a “Virtual
Office Website” (VOW) (including a VOW that the participant uses to refer customers to other participants) if the
participant or potential participant actively endeavors to make or accept offers of cooperation and compensation. An
MLS may evaluate whether a participant or potential participant actively endeavors during the operation of its real estate
business to offer or accept cooperation and compensation only if the MLS has a reasonable basis to believe that the
participant or potential participant is in fact not doing so. The membership requirement shall be applied in a
nondiscriminatory manner to all participants and potential participants.
Application for Participation: Application for participation shall be made in such manner and form as may be
prescribed by the MLS Governing Body and made available to any REALTORS® principal of this or any other
Association requesting it. The application form shall contain a signed statement agreeing to abide by the MLS
Governing Body and any other applicable rules and regulations of the MLS as from time to time amended or adopted.
Discontinuance of Service: Participants of the MLS may discontinue Service by giving written notice and may reapply
to the MLS by making formal application in the manner prescribed for new applicants for participation provided all past
dues and fees are fully paid.
Subscribers: Subscribers (or users) of the MLS include non-principal brokers, sales associates, and licensed and
certified appraisers affiliated with Participants. (Subscribers also include affiliated unlicensed administrative and clerical
staff and personal assistants).
Article 5: Service Charges
The charges made for Participation in the MLS shall be as determined, and as amended from time to time by the MLS and
specified in the rules and regulations of the MLS.
LISTING PROCEDURES (Section 1)
Section 1 - Listing Procedures: See Fine Section 22.2
Listings of real or personal property of the following types, which are listed subject to a real estate broker’s license, are
located within the territorial jurisdiction of the MLS, and are taken by Participants on an MLS approved listing form shall be
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entered into the MLS within five business days after all necessary signatures have been obtained, or such later listing
date as is agreed to by the Seller and set forth in the Listing Agreement:
a.
Single family homes, including condominiums or townhouses for sale or exchange.
b.
Vacant lots and acreage for sale or exchange.
c.
Two-family, three-family, and four-family residential buildings for sale or exchange.
d.
Residential rental listings.
Properties may also be listed for sale and for rent/lease at the same time. If the property is listed for both sale and rent,
then it must be disclosed in the agent remarks section of all applicable listings filed with the MLS with applicable MLS
number(s). For example, “property is also listed for sale/rent, see MLS number: XXXXX”.
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:
• May reserve the right to refuse to accept a listing form which fails to adequately protect the interests of the
public and the participants.
• 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, 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.
The listing agreement must include the seller’s written authorization to submit the agreement to the multiple listing
service.
The different types of listing agreements include:
•
Exclusive Right to Sell
•
Exclusive Brokerage/Agency
•
Open
•
Net
The service may not accept net listings because they are deemed unethical and, in most states, illegal. Open listings
are not accepted except where required by law because the inherent nature of an open listing is such as to usually not
include the authority to cooperate and compensate other brokers and inherently provides a disincentive for cooperation.
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.
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 listings with named prospects exempt
should be clearly distinguished by a simple designation such as a code or symbol from exclusive right-to-sell listings
with no named prospects exempt, since they can present special risks of procuring cause controversies and
administrative problems not posed by exclusive right-to-sell listings with no named prospects exempt. Care should be
exercised to ensure that different codes or symbols are used to denote exclusive agency and exclusive right-to-sell
listings with prospect reservations.
Note 2: A multiple listing service does not regulate the type of listings its members may take. This does not mean that
a multiple listing service must accept every type of listing. The multiple listing service shall decline to accept open
listings (except where acceptance is required by law) and net listings, and it may limit its service to listings of certain
kinds of property. But, if it chooses to limit the kind of listings it will accept, it shall leave its members free to accept
such listings to be handled outside the multiple listing service.
Note 3: A multiple listing service may, as a matter of local option, accept exclusively listed property that is subject to
auction. If such listings do not show a listed price, they may be included in a separate section of the MLS compilation
of current listings.
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Section 1.0.1 - Clear Cooperation: See Fine Section 22.8
Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for
cooperation with other MLS participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard
signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital
communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the
general public.
Entering the listing in the coming soon status in the MLS meets this requirement.
At any time during the preparation of the listing for sale, if the property is publicly marketed it will trigger the clear
cooperation policy and require the listing to be entered into the MLS in either Coming Soon or Active status.
Note: Exclusive listing information for required property types must be filed and distributed to other MLS Participants for
cooperation under the Clear Cooperation Policy. This applies to listings filed under Section 1 and listings exempt from
distribution under Section 1.3 of the NAR model MLS rules, and any other situation where the listing broker is publicly
marketing an exclusive listing that is required to be filed with the service and it is not currently available to other MLS
Participants.
Section 1.1 - Types of Properties:
Following are some of the types of properties that may be published through the MLS, including types described
previously that are required to be filed with the MLS and other types that may be filed with the MLS at the Participant’s
option provided, however, that any listing submitted is entered into within the scope of the Participant’s licensure as a real
estate broker:
•
Commercial / industrial
•
Commercial vacant land
•
Mobile homes with real property
•
Non-residential rental and lease property
•
Commercial lease
•
Business opportunity
•
Other income property
Listings taken may only be listed under one property type unless the property is zoned accordingly to allow it to be marked
under more than one property type. If they property is listed under more than one property type, then it must be disclosed
in the agent remarks section of all applicable listings filed with the MLS with the applicable MLS numbers.
Properties may also be listed for sale and for rent/lease at the same time. If the property is listed for both sale and rent,
then it must be disclosed in the agent remarks section of all applicable listings filed with the MLS with applicable MLS
number(s). For example, “property is also listed for sale/rent, see MLS number: XXXXX”.
Section 1.1.1 - Listing Subject to Rules and Regulations of the Service:
Any listing taken on a contract to be filed with the multiple listing services is subject to the rules and regulations of the
service upon signature of the seller(s).
Section 1.1.2 – Equitable Interest:
If the seller of a property listed in the MLS does not control title to that property, they must convey that they have
equitable interest in that property by means provided by the MLS system or by notation in the agent only remarks
section of the MLS.
A seller of a short sale property may not list property in the MLS until they hold title to the property. If the seller of a
short sale property listed in the MLS compilation is not the party responsible for payment of the note, then they must
convey that they have equitable interest in that property by means provided by the MLS system or by notation in the
agent only remarks section of the MLS Section 1.2 - Detail on Listings Filed with the MLS: A listing agreement or
property data form, when filed with the MLS by the listing broker, shall be complete in every detail which is
ascertainable as specified on the property data form. All information entered into the MLS Database will present a true
and accurate representation of the listed property, the final sales contract and all agents involved in the transaction.
Section 1.2.0 – Accuracy of Listing Data: See Fine Section 22.2
Participants and subscribers are required to submit accurate listing data and required to correct any known errors.
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Section 1.2.1 - Limited-Service Listings:
Listing agreements under which the listing broker will not provide one, or more, of the following services:
a.
arrange appointments for cooperating brokers to show listed property to potential purchasers but instead
gives cooperating brokers authority to make such appointments directly with the seller(s);
b.
accept and present to the seller(s) offers to purchase procured by cooperating brokers but instead gives
cooperating brokers authority to present offers to purchase directly to the seller(s);
c.
advise the seller(s) as to the merits of offers to purchase.
d.
assist the seller(s) in developing, communicating, or presenting counteroffers; or
e.
participate on the seller(s) behalf in negotiations leading to the sale of the listed property
will be identified with an appropriate code or symbol in MLS compilations so potential cooperating brokers will be aware
of the extent of the services the listing broker will provide to the seller(s), and any potential for cooperating brokers being
asked to provide some or all of these services to listing brokers’ clients, prior to initiating efforts to show or sell the
property.
Section 1.2.2 - MLS Entry-only Listings:
Listing agreements under which the listing broker will not provide any of the following services:
a.
arrange appointments for cooperating brokers to show listed property to potential purchasers but instead
gives cooperating brokers authority to make such appointments directly with the seller(s);
b.
accept and present to the seller(s) offers to purchase procured by cooperating brokers but instead gives
cooperating brokers authority to present offers to purchase directly to the seller(s);
c.
advise the seller(s) as to the merits of offers to purchase.
d.
assist the seller(s) in developing, communicating, or presenting counteroffers; or
e.
participate on the seller(s) behalf in negotiations leading to the sale of the listed property
will be identified with an appropriate code or symbol in MLS compilations so potential cooperating brokers will be aware
of the extent of the services the listing broker will provide to the seller(s), and any potential for cooperating brokers being
asked to provide some or all of these services to listing brokers’ clients, prior to initiating efforts to show or sell the
property.
Section 1.2.3 - Coming Soon Status: See Fine Section 22.7
The Coming Soon Status allows you to pre-market listings through the MLS for a limited period of time until it is ready for
showings. During the Coming Soon status the property may ONLY be marketed as “coming soon” during this limited
timeframe that the seller has requested no showings. Once the property is ready for showings it must be changed to
“active” status. All listings for properties subject to an Exclusive Right of Sale or Exclusive Brokerage listing agreements
must be entered into the MLS within five business days as an Active or Coming Soon listing.
a.
If a seller has authorized the listing broker via their listing agreement to advertise the property as a coming soon
listing, then the MLS Participant shall enter the listing in the MLS database in accordance with Section1 – Listing
Procedures utilizing the “Coming Soon Status" in accordance with these rules and regulations.
b.
A listing may utilize the "Coming Soon Status" for a limited period, not to exceed twenty-one (21) days. Listings
with a “Coming Soon Status” will automatically convert to “Active Status” after twenty-one (21) days. Alternatively,
the listing broker may change the “Coming Soon Status” to “Active Status” at any point prior to the expiration of
the twenty-one (21) days if seller instructs the listing broker that the property is ready for “Active Status” and ready
to be shown to prospective buyers and other MLS participants and subscribers.
c.
A listing is only eligible for “Coming Soon Status” when initially input into the MLS database. Once a listing has
changed from “Coming Soon Status” to “Active Status” it may not revert back to the “Coming Soon Status.”
Listings entered in any other status are not eligible to be switched into the “Coming Soon Status.”
d.
Upon entry of a listing that will utilize the “Coming Soon Status,” the listing broker must submit the listing
agreement and the “Coming Soon Status Seller Authorization Addendum” to the MLS within one (1) business day.
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e.
Listings in the “Coming Soon Status” are displayed in the MLS system only and are not eligible for inclusion in
MLS’s syndicated data feeds (i.e., third-party websites). Listings in the “Coming Soon Status” will be included in
the MLS Participants (Broker) and MLS Subscribers (Agent) IDX compliant website data feeds. Listings utilizing
the “Coming Soon Status” are not eligible for showings or open houses. While the property is in the “Coming
Soon Status” the property may not be promoted or advertised in any manner other than as a “Coming Soon”
property. MLS Participants are permitted to share listings in the “Coming Soon Status” with their clients through
the MLS system.
f.
Any showings or open houses virtual showings or virtual open houses of properties utilizing the "Coming Soon
Status" prior to the listing becoming active will result in an administrative fine.
g.
Examples of Showings: Someone that has walked through a house with the intent to lease or purchase, with or
without a licensed Real Estate Agent, including but not limited to garage sales and estates sales. Property must
then be able to be shown to any perspective buyer within one (1) business day.
Coming Soon Status is not intended to give a Listing Brokerage an advantage in finding a buyer for the property to the
detriment of cooperating brokers and sellers and buyers, nor is it intended to circumvent the sale of the property on an
open market. Coming Soon Status provides a method for listing agents to notify other cooperating brokers of listed
properties that will be made fully available for showing and marketing after preparations have been completed. MLS
Participants must enter a listing into coming soon or active status within (1) business day once the listing is publicly
marketed as available for sale. See Section 1.01 Clear Cooperation.
Section 1.3 - Exempt Listings: See Fine Section 22.9.1
Temporary Exclusion of listing from the MLS: A temporary exclusion of a listed property is available if the seller(s)
request the MLS Participant to temporarily withhold a listing form the MLS, or any advertising, while they prepare the
property for sale and showings. Showings, open houses, virtual showings or virtual open houses are strictly prohibited
while the property is excluded from the MLS. Examples of showings include someone that has walked through a house
with the intent to lease or purchase, with or without a licensed Real Estate Agent including but not limited to garage sales
and estate sales. Property must then be able to be shown to any perspective buyer in one (1) business day. Temporary
exclusions require the seller(s) and MLS Participants signature on the “Seller Certification to Exclude Property from the
Multiple Listing Service” form and submitted to the MLS within (1) business day. Once the listing is publicly marketed or
shown the MLS Participants (Broker) or MLS Subscriber (Agent) must enter the listing into the MLS within (1) business
day, see Section 1.01 Clear Cooperation. Once the property is ready to be marketed as “coming soon” or “active” the
listing must be changed to the appropriate status. Properties in the “coming soon” status are properties that are not
ready to be shown but will be soon. Properties that are ready for showings must be changed to “active” status.
Permanent Exclusion of listing from the MLS: If the seller(s) refuses to permit a listing to be disseminated by the MLS,
the broker must, within one (1) business day, file with the MLS the “Seller Certification to Exclude Property from the
Multiple Listing Service” form. Exempt listings may not be publicly marketed. Once the listing is publicly marketed the
MLS Participants must enter the listing into the MLS within (1) business day. See Section 1.01 Clear Cooperation.
Section 1.4 - Change of Status of Listing: See Fine Section 22.2
Any change in listed price or other change in the original listing agreement shall be made only when authorized in
writing or by any legal means by the seller and updated with the MLS within one business day after the authorized
change is received by the listing broker.
Section 1.4.1 – Listing Status Types:
a. Active Status - Properties currently subject to a listing contract and reported to the MLS. The property must be
able to be shown. The property must be seeking agreements of sale to present to the Seller(s).
b. Backup Status - Properties in which a written offer has been accepted but the Seller agrees to continue to show
the property and accept backup offers.
c. Cancelled Status -Properties in which the listing contract has been unconditionally terminated prior to the
expiration date.
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d. Closed Status - Properties in which a successful closing has taken place and title has been transferred from the
Seller to the Buyer and the agreement of the sale has been fulfilled. In the case of rentals possession of a
property has been transferred from a lessor to a lease and the lease agreement has been executed.
e. Coming Soon Status – Properties in which there is a listing contract in place, but the property is still being
prepared for showings, marketing, advertising, etc. The Seller(s) have agreed that the property will not be shown
or publicly advertised or marketed as available, although the property may be marketed as “coming soon”. Coming
Soon listings are not syndicated to third party until Active status. Listings may only stay in the Coming Soon
status for up to 21 days after which these listings will automatically transfer to Active status.
f. Contingent Status - Properties in which an executed contract is in place and the Seller has accepted a purchase
offer. The sale is contingent on certain criteria which need to be met and is awaiting the Inspections, financing,
appraisal, etc.
g. Active Status with a Kick-Out Clause – Properties in which an executed contract is in place with a Kick-Out
Clause. If another offer is accepted by the seller, the original buyer will have the option to remove all
contingencies within the specified kick-out period or they lose the sale.
h. Expired Status - Properties in which the listing contract has terminated.
i. Pending Status - Properties in which an agreement of sale is in effect, but the settlement has not yet taken place.
All Buyer and Seller contingencies have been removed or satisfied under the terms of the contract.
j. Withdrawn Status - Properties in which the Seller has temporarily requested the property be removed from the
market, during this time the listing agreement remains in effect. During the withdrawn period the seller requests no
showings. The listing may or may not come back on the market with the listing brokerage firm. Use this status
when terminating a listing conditionally. Listings in this status cannot be solicited until the listing has expired.
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 authorizes the withdrawal.
Sellers do not have the unilateral right to require the MLS to withdraw the 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
MLS may remove the listing at the request of the seller.
Section 1.5.1 – Listing Data Manipulation: See Fine Section 22.13
Withdrawing, cancelling, or early expiring of a listing and then re-entering into the MLS under a new MLS listing number
without a new listing agreement is Listing Data Manipulation.
Section 1.6 - Contingent or Pending Status Change to Applicable Listings: See Fine Section 22.2
Once you have a fully executed contract with or without contingencies or conditions, an active listing must be marked
contingent or pending in the MLS within one business day.
Contingent listings will remain viewable to the public.
When a contingency with a kick-out clause is obtained, the status shall remain active; however, the first line of the
Narrative section shall fully disclose the time limit involved, i.e. “___ Hour Kick out”.
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.
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 MLS.
Section 1.9 - No Control of Commission Rates or Fees Charged by Participants:
The MLS shall not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered
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by Participants. Further, the MLS shall not fix, control, recommend, suggest, or maintain the division of commissions or
fees between cooperating Participants or between Participants and nonparticipants.
Section 1.10 - Expiration of Listings:
Listings filed with the multiple listing service will automatically be removed from the compilation of current listings on
the expiration date specified in the agreement, unless prior to that date the MLS receives notice that the listing has
been extended or renewed. 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.
Extensions and renewals of listings must be signed by the seller(s) and filed with the service.
Section 1.11 - Termination Date on Listings:
Listings filed with the MLS shall bear a definite and final termination date, as negotiated between the listing broker and the
seller.
Section 1.12 - Service Area:
Only listings of the designated types of property located within the service area of the MLS are required to be
submitted to the service. Listings of property located outside the MLS’s service area will be accepted if submitted
voluntarily by a participant but cannot be required by the MLS’s service area.
Section 1.13 - Listing 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, association bylaws, MLS bylaws, MLS rules and regulations, 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 association (except where MLS participation without association
membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees, or charges, an association
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 - Listing 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, association 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 by the expelled 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 expulsion became
effective. If a participant has been expelled from the association (except where MLS participation without association
membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees, or charges, an association
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 - Auction Properties:
In the case of auction properties, the listing must be marked as an Auction Property. Additionally, the third-party
approval field in the MLS must be marked “Yes”. A clear disclosure of auction procedures must be detailed in the
Agent Remarks or listing attachments.
Section 1.17 - Short Sale Properties:
Participants must disclose potential short sales when reasonably known to the listing participants.
Where participants communicate to other participants how any reduction in the gross commission established in the
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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
one business day of receipt of notification from the lender.
Section 1.18 - Exclusions: See Fine Section 22.2
Consumer exclusions to a listing contract must be specified by name in the listing agreement and listed in the agent
remarks section of the listing. For Member exclusions the listing agent shall provide written notice to the excluded
party(s) as well as the broker of the excluded party(s). Only consumer exclusions should be listed in the agent
remarks. The specific names of all excluded parties and/or brokerage firms shall be specified in the listing agreement
signed by the Seller.
Section 1.19 - Contact Information on Listings: See Fine Section 22.6
No contact information including Open House notifications shall be placed in the Narrative (Public Remarks) section or the
Driving Directions section of the listing. Photos cannot be branded with listing firm, listing agent information, colored
borders, or any third-party contact information such as photographers, builders, or architects. No external third-party links
and or websites are allowed in the narrative. Contact information may be placed in the agent information section, or in the
listing information field provided for that purpose. Examples of contact information includes but is not limited to name,
phone number, e-mail address or branding of any type, including builders.
Section 1.20 - Virtual Tours, Videos and Audio Files: See Fine Section 22.6
Virtual Tours, Videos and Audio Files in the MLS should have no contact information including but not limited to
agent, brokerage, branding.
Section 1.21 - Photos in MLS: See Fine Section 22.6
MLS requires submission of at least one photograph of all residential property types that accurately depicts the front
exterior of the listed property. Photos are not to contain banners, artwork, headliners, or any added text of any kind.
Contact or branding information must not be visible or audible in any photo, virtual tour, video, or audio file. All listings
that are entered into the MLS must have an original photo uploaded within one business day after the listing is input into
the MLS.
Photos, Virtual Tours and Videos may only display physical characteristics of the subject property and its vicinity. Photos
of people, pets or props for the purpose of Agent or Broker branding are prohibited in the listing compilation.
The front exterior photo in the MLS, must be flagged the primary photo. The front exterior photo must show a majority of
the total home or building in which the condo unit is located. Should the listing agent have a preferred view from the
dwelling, then and only then, can one of these photos replace the first-place exterior photo, in which case the second
photo MUST be the front exterior photo. If the seller requests that photos be withheld, the seller must provide signed,
written authorization to the listing agent. The listing agent shall be required to provide this authorization to the Association
upon request.
Exterior view MUST be the actual view from the individual dwelling. When the Waterfront View feature “Direct” is selected,
the “view” must be the main view from the dwelling, it should be not misleading. When “Direct” waterfront is selected there
must be at least one photo of the “direct waterfront” view included in the MLS photo gallery. The front exterior photo must
show a majority of the total home/building.
Vacant land listings must have a photo or aerial photo, rendering, site plot or plat map in the first photo slot.
Photos that are in the MLS are copyrighted and they cannot be used by other MLS participants without the express written
permission of the owner of the photo, failure to comply with this rule is subject to a fine.
Participant in a transaction/sale may use 1 exterior photo from the sold listing, within 30 days of closing, for a ‘just sold’
promotion.
Section 1.21b - Waterfront: See fine Section 22.2
A Waterfront property must be a property that fronts or abuts a body of water. Waterfront types include: Banana River,
Canal Non-Navigation, Canal Navigational to Banan River, Canal Navigational to Indian River, Crane Creek, Creek, Eau
Gallie Rive, Grand Canal, Honeymoon Lake, Indian River, Lake Poinsett, Lake/Pond, Ocean Front, Turkey Creek, Sykes
Creek, St Johns River, Lake Washington, River.
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Section 1.21c - Water view Property: See fine Section 22.2
A Water view property is a property with no direct ownership of the body of water it is located near (i.e. it does have a
view of the water). A water view property could also be a property located across the street, with either obstructed or
unobstructed view of the river, ocean, canal or lake. A view of a swimming pool is not considered a “Water view”.
Section 1.22 - Listing Content:
Font size, type or style may not be altered in the remarks section.
When entering a new listing into the MLS, listing content from a prior listing of another Participant may not be copied into
the new listing without permission of the owner of the content.
Section 1.23 – Directions See Fine Section 22.2
Directions need to be specific, clear, and concise. The term “use GPS” can only be used in conjunction with step-by-step
directions.
Section 1.24 – Property Addresses: See Fine Section 22.2
At the time of filing a listing, Participants (Brokers) and Subscribers (Agents) must include a property address available to
other Participants (Brokers) and Subscribers (Agents), and if an address doesn’t exist a parcel identification number can
be used. Where an address or parcel identification number are unavailable, the information filed with the MLS must
include a legal description of the property sufficient to describe its location.
Section 1.25 - Deliberately Left Blank
Section 1.26 - Combination Lockbox Codes and Gate Codes: See Fine Section 22.2
The MLS does not recommend or support the use of combination lockboxes. It is prohibited for any combination lockbox
codes to appear anywhere in the MLS, except that the listing office may use the “Office Only Remarks” section of the
listing to record those combinations for their internal use.
Confidential codes such as gate codes, front door entry codes, elevator codes, SUPRA shackle or CBS Codes may not
appear anywhere in the MLS, except that the listing office may use the “Office Only Remarks” section of the listing to
record those codes for their internal use.
Section 1.27 - Special Requirements in Listings Disclosed:
Listing Participants and/or Subscribers must disclose in the “agent remarks” any special requirements and/or documents
that cooperating Participants and/or Subscribers that the seller requires to be included in or with sales contracts, i.e.
deposits to be held by XYZ, loan approval letter required with all offers, etc.
Section 1.28 - 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 MLS, that person shall disclose that
interest when the listing is filed with the MLS and such information shall be disseminated to all MLS Participants.
Section 1.29 - Participant as Purchaser:
If a Participant or any licensee (including licensed and certified 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 not later than the time an offer to purchase is submitted to the listing broker.
SELLING PROCEDURES (Section 2)
Section 2 - Showings and Negotiations: See Fine Section 22.10
Appointments for showings and negotiations with the seller for the purchase of listed property filed with the MLS 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, twenty-four (24) hours, 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, by notation in the agent information section of the listing.
c.
For Entering a property with a lockbox key and/or without authorization per the listing agent
instructions in the showing instructions in the MLS.
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d.
A showing will be defined as someone with the intent to lease or purchase, that has walked
through a property, with or without a licensed real estate agent. This includes, but not limited to
garage and estate sales. If a property is shown while in ‘coming soon” status, then the property
must be made available to show to all prospective buyers within one (1) business day.
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.
Section 2.2 - Submission of Written Offers and Counter-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.
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.
Section 2.3 - Right of Cooperating Broker in Presentation of Offer:
The cooperating broker (single agents, buyer’s agent, no brokerage relationship and/or subagents) 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 that 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.
Where the cooperating broker is not present during the presentation of the offer, the cooperating broker can request in
writing, and the listing broker must provide, as soon as practical, written affirmation stating that the offer has been
submitted to the seller, or written notification that the seller has waived the obligation to have the offer presented.
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 when the cooperating broker is a subagent). However, if the purchaser or lessee gives
written instructions to the cooperating broker that the listing broker not 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.
Section 2.5 - Reporting Sales to the Service: See Fine Section 22.2
Status changes, including final closing of sales and sales prices shall be reported to the MLS by the listing broker within
one business day after they have occurred. If negotiations were carried on under Section 2(a) or (b) hereof the
cooperating broker shall report accepted offers and prices to the listing broker within one business day after occurrence
and the listing broker shall report them to the MLS within one business day after receiving notice from the cooperating
broker.
The listing agreement of a property filed with the MLS by the listing broker should include a provision expressly granting
the listing broker authority to advertise; to file the listing with the MLS; to provide timely notice of status changes of the
listing to the MLS; and to provide sales information including selling price to the MLS upon sale of the property.
Comparable (Comp) sales may be added to the MLS. Since the comp sale was never offered in the MLS for
compensation by a listing agent, the buyer/selling agent may add the listing information with the listing agent field marked
as one of the following: Private Sale, New Construction, Non-Member Out of Area Agent. The property must be entered
into the MLS within 1 business day of closing. Only properties in Brevard County may be added for Comp purposes. All
mandatory fields must be filled out with detailed information.
Section 2.6 - Reporting Resolutions of Contingencies: See Fine Section 22.2
The listing broker shall report to the MLS within one (1) business day that a contingency on file with the MLS has been
fulfilled or renewed, or the agreement cancelled.
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When a contingent sales contract without a kick-out clause is obtained, the status code of the listing must be revised
within one business day of contract acceptance to the status of Contingent. Full disclosure of the nature of the
contingency must be specified and noted to participants. Contingent listings will remain viewable to the public. When a
contingency with a kick-out clause is obtained, the status should remain active; however, the first line of the narrative
section will fully disclose the time limit involved, i.e. “__ Hour Kick out”.
Section 2.7 - Advertising of Listing Filed with the MLS: See Fine Section 22.14
A listing, regardless of its status in the MLS, shall not be advertised by any Participant other than the listing broker
without the prior consent of the listing broker.
The listing agent with the Participants (Broker) approval may grant Blanket Approval for any member to advertise their
listing(s) in the MLS. This will be a YES or NO mandatory field on each individual listing, and the default will be set to NO
in the MLS.
When a listing is marked YES, the listing agent gives permission to allow other agents to advertise their listing in print or
on the internet. In addition to any applicable advertising rules, these additional rules apply:
1. No changes or manipulation of the listing data may occur, a true and accurate picture of the listing must be
presented and may not attempt to mislead the consumer.
2. The advertising agent cannot portray the listing as their own or belonging to their office unless that is a true
representation.
3. A “courtesy of” notice with the listing agent’s name & brokerage must be included in the verbiage of the
advertisement in a readily visible color and font, with typeface not smaller than the median used in the display of
listing data.
4. Once you mark a listing YES for blanket approval you cannot rescind the blanket approval authorization.
Section 2.8 - Reporting Cancellation of Pending Sale: See Fine Section 22.2
Upon cancellation of any pending sale the listing broker shall report to the MLS the cancellation of any pending sale, by
reinstating the listing within one (1) business day.
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.
Section 2.10 - Availability of Listed Property: See Fine Section 22.2
Listing brokers shall not misrepresent the availability of access to show or inspect listed property. If the property is unable
to be shown for five (5) consecutive days, the listing agent is required to disclose the showing restrictions or limitations in
the agent remarks.
Section 2.11 - Disclosing the Existence of Offers for Short Sales:
When an “offer” is submitted to a third party for approval, i.e. bank approval required for short sale listings, it must be
disclosed in the MLS in the “agent remarks”. When an offer on a short sale listing is accepted by the sellers or a third
party, the status must be changed to Contingent within one business day.
REFUSAL TO SELL (Section 3)
Section 3 - Refusal to Sell: See Fine Section 22.5
If the seller of any listed property filed with the MLS refuses to accept a written offer satisfying the terms and conditions
stated in the listing, such fact shall be reported immediately to the MLS and to all Participants by notification in the Agent
Remarks section of the MLS.
PROHIBITIONS (Section 4)
Section 4 - Information for Participants Only:
Any listing filed with the MLS 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” Signs:
Only the “For Sale” sign of the listing broker may be placed on a property.
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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.
Section 4.3 - Solicitation of Listing Filed with the MLS:
Participants shall not solicit a listing on property filed with the MLS unless such solicitation is consistent with Article 16 of
the REALTORS® Code of Ethics, its Standards of Practice, and its Case Interpretations.
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 salespersons 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 afforded 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. 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.
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.
Section 4.5 – Services Advertised as “Free”: See Fine Section 22.15
MLS Participants (Brokers) and Subscribers (Agents) must not represent that their brokerage services to a client or
customer are free or available at no cost to their clients, unless the Participant (Broker) or Subscriber (Agent) will receive
no financial compensation from any source for those services. Services advertised as “free” will result in an administrative
fine.
DIVISION OF COMMISSIONS (Section 5)
Section 5.0 - Compensation Specified on Each Listing:
The listing broker shall specify, on each listing filed with the MLS, the compensation offered to other MLS 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 the 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
the 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 through
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.
In filing a property with the MLS of an MLS owned by an 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.
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
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different.
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 his submitting an offer to purchase, and provided 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 a flat dollar amount.
The MLS does not have a rule requiring the listing broker to disclose the amount of total negotiated commission in his
listing contract, and the MLS shall not publish the total negotiated commission on a listing which has been submitted to
the MLS by a Participant. The MLS shall not disclose in any way the total commission negotiated between the seller
and the listing broker.
The listing broker may, from time to time, adjust the compensation offered to other MLS Participants for their services with
respect to any listing by advance published notice to the MLS so that all Participants will be advised.
The MLS has no rule on the division of commissions between Participants and non-participants. This should remain
solely the responsibility of the listing broker.
The MLS rules and procedures enable 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 in
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.
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.
MLS participants must 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. The MLS requires
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 must 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, must be communicated through dedicated fields or confidential “agent remarks”
available only to participants and subscribers.
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.
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 certified 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 not later than the time an offer to purchase is submitted to the listing broker.
Section 5.3 - Dual or Variable Rate Commission Arrangements: See Fine Section 22.2
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 through the efforts of a cooperating broker; or one in which the seller/landlord agrees to pay a
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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 y/n field 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 representative must disclose such information to their client before the
client makes an offer to purchase or lease.
Section 5.4 – Display of Listing Broker’s Offer of Compensation:
Participants (Brokers) and Subscribers (Agents) who share the listing broker’s offer of compensation for an active listing
must display the following disclaimer or something similar. “The listing broker’s offer of compensation is made only to
participants of Space Coast MLS as well as Florida Realtors® MLS Advantage Participants.”
ELECTRONIC LOCKBOXES AND eKEY App (Section 6)
Section 6.1.1 - Electronic Lock Box System:
The Association will offer SUPRA Electronic lockboxes and e-Keys, herein after referred to as “Lockbox Program”, for the
use and benefit of Participating MLS Members. The Lockbox Program is the only system recognized/endorsed by the
Association and shall be issued only to authorized persons.
No member is required to subscribe to the Lockbox Program. Each member who wishes to subscribe must sign an
eKey Agreement, which outlines the obligations to the lock box vender and the Association. Lockbox Agreements shall
spell out the responsibilities of the parties and shall incorporate by reference any applicable rule or regulation or other
governing provisions of the MLS that relate to the operation of the lockbox system.
All users of the lockbox system shall agree, as a condition of the lockbox eKey agreement, to be bound by the rules
and procedures governing the operation of the lockbox system.
Section 6.1.2 – Space Coast MLS offers Three types of e-KEY Access’ to Lockboxes:
•
Participant and Subscriber Access
•
Affiliate Access is provided to Business Partners
•
Personal Assistant and/or Office Staff Access
Section 6.1.3 - Ownership of SUPRA Access: SUPRA App access is the property of the lessor, not the Association.
Lessees are responsible for the reasonable care and maintenance of these items.
Section 6.1.4 - Eligibility:
Participant and Subscribers: Every MLS Participant, and all non-principal brokers, sales licensees, licensed,
registered or certified appraisers who are affiliated with an MLS Participant are eligible to use the Lockbox Program
and provided with the REALTORS® SUPRA eKey Access.
Personal Assistant and/or Office Staff: SUPRA Lockbox access may be provided to any non-licensed personal
assistant/office staff working under the direction of a member MLS Participant or Subscriber. The issuance of this access
is provided to allow the Assistant to be able to assist their employer in the placement and/or removal of lockboxes placed
on their listings, access is limited to this use, and requires the use CBS “Call Before Showing” code. Unauthorized use or
loan of the Personal Assistant and/or Office Staff eKey will result in immediate termination of the eKey privilege, and the
broker will be issued a $500 fine in accordance with the agreement signed at the time of issuance. The MLS lease
agreement shall be signed by both the personal assistant and/or office staff along with the principal, partner or corporate
officer of the firm.
Section 6.1.5 – Business Partner Members:
Business Partner members of the Association who are actively engaged in a recognized business that requires access
to MLS listed properties, may obtain Affiliate SUPRA eKey Access. The eKey lease agreement shall be signed by the
employee requiring access and by the Business Partner employer. With this eKey access and approval of the MLS
Participant and the owner of the property, Business Partner Members may be given the CBS code to gain access listed
MLS propert(ies) in order to perform a service to the listing. Unauthorized use or loan of the Affiliate eKey will result in
immediate termination of the employee eKey, additionally the owner of the business who co-signed for the eKey, will be
issued a $500 fine in accordance with the signed agreement.
Section 6.1.6 - Authorization to use Lock Box:
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Electronic Lockboxes may be placed on properties for sale or rent at the option of the seller and the listing participant.
Written authorization from the seller must be on the listing contract or rental agreement. Inclusion in MLS compilations
cannot be required as a condition of placing lock boxes on listed property.
Section 6.1.7 - Removal of Lockboxes: See Fine Section 22.10
The Listing Participant shall remove the lockbox from the property within 48 hours after the listing either expires, or a
rental or closed sale is finalized, or whenever officially notified by the MLS or Association to remove such Lockboxes.
Section 6.1.8 – Warranty:
Authorized Lock Box Vendor does not honor warranties voided by members, nor will the MLS Governing Body. The
SUPRA App contains detailed instructions on use of the SUPRA Access and Lockboxes, including actions, which result
in voiding the lockbox warranty. Only legitimate failures of lockboxes result in replacement. The decision of the Lock Box
Vendor in these cases is final.
Section 6.1.9 - Shackle Security:
Participants are responsible for safeguarding the shackle codes of their lockboxes to prevent theft.
Section 6.1.10 - Access Hours:
Access hours for all Lockboxes are initially set at 7:00 am - 10:00 pm eastern standard time. Brokers or agents can have
lockboxes programmed to provide access during different hours. Lockboxes to be programmed must be brought to the
Association Office during normal business hours.
Section 6.1.11 – SUPRA Access Limits:
No member may own/hold more than one SUPRA App access at any time.
Section 6.1.12 - Reporting of Issues: See Fine Section 22.10
If you access a Lockbox and find the house key missing, or property unlocked or damaged, you are required to notify
the listing office immediately (within 2 hours) to avoid any appearance that these actions occurred during your visit and
to give the listing office the opportunity to correct the problem and safeguard the property.
Section 6.1.13 - Combination Lockboxes and/or Confidential Codes: See Fine Section 22.12
The MLS does not recommend or support the use of combination lockboxes. It is prohibited for any combination lockbox
codes to appear anywhere in the MLS, except that the listing office may use the “Office Only Remarks” section of the
listing to record those combinations for their internal use.
Confidential codes such as gate codes, front door entry codes, elevator codes, SUPRA shackle or CBS codes may not
appear anywhere in the MLS, except that the listing office may use the “Office Only Remarks” section of the listing to
record those codes for their internal use.
Section 6.1.14 – Loan of a Lockbox key: See Fine Section 22.11
Loan of the SUPRA App for access to a lockbox to any other person is strictly prohibited.
Non-COMPLIANCE WITH RULES (Section 7)
Section 7 – Non-Compliance with Rules / Authority to Impose Discipline:
By becoming and remaining a participant or subscriber in this MLS, each participant and subscriber agrees to be
subject to the rules and regulations and any other MLS governance provision. The MLS may, through the
administrative and hearing procedures established in these rules, impose discipline for violations of the rules and other
MLS governance provisions. Discipline that may be imposed may only consist of one or more of the following:
a.
letter of warning
b.
letter of reprimand
c.
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
d.
appropriate, reasonable fine not to exceed $15,000
e.
suspension of MLS rights, privileges, and services for not less than thirty (30) days nor more than one (1)
year
f.
termination of MLS rights, privileges, and services with no right to reapply for a specified period not to exceed
three (3) years.
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Note 1: 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.
Note 2: MLS participants and subscribers can receive no more than three (3) administrative sanctions in a calendar
year before they are required to attend a hearing for their actions and potentional violations of MLS rules, except that
the MLS may allow more administrative sanctions for violations of listing information provided by participats and
subscribers before rewuiring a hearing. The MLS must send a copy of all administrative sanctions against a subscriber
to the subscriber’s participant and the participant is required to attend the hearing of a subscriber who has received
more than three (3) administrative sanctions within a calendar year.
Section 7.1 – Non-Compliance with Rules:
The following action may be taken for noncompliance with the rules:
a.
For failure to pay any service charge or fee assessed by the MLS Governing Body bylaws 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
b.
For failure to comply with any other rule, the provisions of Sections 9 and 9.1 shall apply.
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.
MEETINGS (Section 8)
Section 8.1 - Meetings of MLS operated as a Wholly-Owned Subsidiary Corporation:
The Multiple Listing Service corporation shall meet for the transaction of its business at a time and place to be determined
by the corporation or at the call of the President. The MLS may call meetings of the participants in the service to be
known as meetings of the multiple listing service. The MLS Board of Directors may appoint committee(s), task force(s),
etc. to assist in the operation of the MLS Corporation, said committee(s), task force(s), etc. will report to the MLS Board of
Directors.
ENFORCEMENT OF RULES OR DISPUTES (Section 9)
"MLS Governing Body", shall mean the MLS Corporation.
Section 9 - Consideration of Alleged Violations:
The MLS Governing Body shall give consideration to all written complaints having to do with violations of the rules and
regulations. By becoming and remaining a participant, each participant agrees to be subject to these rules and
regulations, the enforcement of which are at the sole discretion of the MLS Governing Body.
When requested by a complainant, the MLS will process a complaint without revealing the complainant’s identity. If a
complaint is subsequently forwarded to a hearing, and the original complainant does not consent to participating in the
process, the MLS will appoint a representative to serve as the complainant.
Section 9.1 - 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
violation of unethical conduct or request for arbitration, it may be administratively considered and determined by the
board of directors of the service, and if a violation is determined, by the board of directors may direct the imposition of
sanction, provided the recipient of such sanction may request a hearing before the professional standards committee of
the association in accordance with the bylaws and rules and regulations of the association of REALTORS® within
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twenty (20) days following receipt of the directors decision.
REALTOR® Nonmember Participatory Rights: If the alleged offense is a violation of the rules and regulations of the
service and does not involve a charge of alleged violation of one or more of the provisions of Section 16 of the rules and
regulations or a request for arbitration, it may be administratively considered and determined by the board of directors of
the MLS and if a violate is determined, the board of directors may direct the imposition of sanction provided that the
recipient of such sanction may request a hearing by the professional standards committee f the association in
accordance with the bylaws of the association of REALTORS®. Alleged violation of Section 16 of the rules and
regulations shall be referred to the association’s grievance committee for processing in accordance with the professional
standards procedures o the association.
If, rather than conducting an administrative review, the MLS has a procedures established to conduct hearings, any
appeal of the decision of the hearing tribunal may be appealed to the board of directors of the MLS within twenty (20)
days of the tribunal’s decision. Alleged violations involving unethical conduct shall be referred to the professional
standards committee of the association of REALTORS® for processing in accordance with the professional standards
procedures of the association, If the charge alleges a refusal to arbitrate, such charge shall be referred directly to the
board of directors of the association.
Section 9.2 - Complaints of Unethical Conduct:
All other complaints of unethical conduct shall be referred by the MLS to the respective Association for appropriate action
in accordance with the professional standards procedures established in the Association’s bylaws.
Section 9.3 Complaints of Unauthorized Use of Listing Content:
Any participant who believes another participant has engaged in the unauthorized use or display of listing content,
including photographs, images, audio or video recordings, and virtual tours, shall send notice of such alleged
unauthorized use to the MLS. Such notice shall be in writing, specifically identify the allegedly unauthorized content, and
be delivered to the MLS not more than sixty (60) days after the alleged misuse was first identified. No participant may
pursue action over the alleged unauthorized use and display of listing content in a court of law without first completing the
notice and response procedures outlined in this Section 9.3 of the MLS rules.
Upon receiving a notice, the MLS will send the notice to the participant who is accused of unauthorized use. Within ten
(10) days from receipt, the participant must either: 1) remove the allegedly unauthorized content, or 2) provide proof to the
MLS that the use is authorized. Any proof submitted will be considered by the Board of Directors, and a decision of
whether it establishes authority to use the listing content will be made within thirty (30) days.
If the Board of Directors determines that the use of the content was unauthorized, the Board of Directors may issue a
sanction pursuant to Section 7 of the MLS rules, including a request to remove and/or stop the use of the unauthorized
content within ten (10) days after transmittal of the decision. If the unauthorized use stems from a violation of the MLS
rules, that too will be considered at the time of establishing an appropriate sanction.
If after 10 days following transmittal of the Board of Director’s determination the alleged violation remains uncured (i.e. the
content is not removed or the rules violation remains uncured), then the complaining party may seek action through a
court of law.
Section 9.4 MLS Rules Violations
MLS participants may not take legal action against another participant for alleged rules violation(s) unless the complaining
participant has first exhausted the remedies provided in these rules.
CONFIDENTIALITY OF MLS INFORMATION (Section 10)
Section 10 - Confidentiality of MLS Information:
Any information provided by the MLS to the Participants shall be considered official information of the MLS. 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.
Section 10.1 - MLS Not Responsible for Accuracy of Information:
The information published and disseminated by the MLS is communicated verbatim, without change by the MLS, as
filed with the MLS by the Participant. The MLS does not verify such information provided and disclaims any
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responsibility for its accuracy. Each Participant agrees to hold the MLS harmless against any liability arising from any
inaccuracy or inadequacy of the information such Participant provides.
OWNERSHIP OF MLS COMPILATION
1
AND COPYRIGHT (Section 11)
Section 11 - Authorization:
By the act of submitting any property listing content to the MLS, the participant represents that he or she is fully authorized
to license the property listing content as contemplated by and in compliance with this section and these rules and
regulations and does also thereby grant and to the MLS license to include the property listing content in its copyrighted
MLS compilation and also in any statistical report on comparable. 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.
Each participant who submits listing content to the MLS agrees to defend and hold the MLS and every other participant
harmless from and against any liability or claim arising from any inaccuracy of the submitted listing content or any
inadequacy of ownership, license, or title to the submitted listing content.
Note: The Digital Millennium Copyright Act (DMCA) is a federal copyright law that enhances the penalties for copyright
infringement occurring on the Internet. The law provides exemptions or “safe harbors” from copyright infringement
liability for online service providers (OSP) that satisfy certain criteria. Courts construe the definition of “online
service provider” broadly, which would likely include MLSs as well as participants and subscribers hosting an IDX
display.
*The term MLS compilation, as used in Sections 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 whatsoever.
One safe harbor limits the liability of an OSP that hosts a system, network or website on which Internet users may post
user-generated content. If an OSP complies with the provisions of this DMCA safe harbor, it cannot be liable for copyright
infringement if a user posts infringing material on its website. This protects an OSP from incurring significant sums in
copyright infringement damages, as statutory damages are as high as $150,000 per work. For this reason, it is highly
recommended that MLSs, participants and subscribers comply with the DMCA safe harbor provisions discussed herein.
To qualify for this safe harbor, the OSP must:
1. Designate on its website and register with the Copyright Office an agent to receive takedown requests. The agent
could be the MLS, participant, subscriber, or other individual or entity.
2. Develop and post a DMCA-compliant website policy that addresses repeat offenders.
3. Comply with the DMCA takedown procedure. If a copyright owner submits a takedown notice to the OSP, which
alleges infringement of its copyright at a certain location, then the OSP must promptly remove allegedly infringing
material. The alleged infringer may submit a counter-notice that the OSP must share with the copyright owner. If the
copyright owner fails to initiate a copyright lawsuit within ten (10) days, then the OSP may restore the removed
material.
4. Have no actual knowledge of any complained-of infringing activity.
5. Not be aware of facts or circumstances from which complained-of infringing activity is apparent.
6. Not receive a financial benefit attributable to complained-of infringing activity when the OSP is capable of controlling
such activity.
Full compliance with these DMCA safe harbor criteria will mitigate an OSP’s copyright infringement liability. For more
information see 17 U.S.C. §512.
Section 11.1:
All right, title, and interest in each copy of every multiple listing compilation created and copyrighted by the Space
Coast Association of REALTORS® and the copyrights therein, shall at all times remain vested in the Space Coast
Association of REALTORS®.
Section 11.2 - Display:
Each Participant shall be entitled to lease from the Space Coast Association of REALTORS® a number of accesses of
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each MLS compilation sufficient to provide the Participant and each person affiliated as a licensee (including licensed or
certified appraisers) with such Participant with one access to such compilation. The Participant shall pay the rental fee
set by the MLS Governing Body.
2
1
The term “MLS compilation,” as used in Sections 11 and 12 herein, shall be construed to include any format in which property listing data
is collected and disseminated to the Participants, including computer database or any other format whatever.
2
This section should not be construed to require the Participant to lease an access to 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 Association.
Participants shall acquire by such lease only the right to use the MLS compilation in accordance with these rules.
USE OF COPYRIGHTED MLS COMPILATION (Section 12)
Section 12 – Distribution:
Participants shall, at all times, maintain control over and responsibility for each access of any MLS compilation leased to
them by the Space Coast Multiple Listing Service®, and shall not distribute any such access 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 appraisal 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 an association multiple
listing service is strictly limited to the activities authorized under a participant’s licensure(s) or certification, and
unauthorized uses are prohibited. Further, none of the foregoing is intended to convey participation or membership or any
right of access to information developed or published by an association multiple listing service where access to such
information is prohibited by law.
Section 12.1- 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.
Section 12.2 - 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, in the judgment of the participant or their affiliated licensees,
be interested.
Reproductions made in accordance with this rule shall be prepared in such a fashion that the property listing data of
properties other than that in which the prospective purchaser has expressed interest, or in which the participant or the
affiliated licensees are seeking to promote interest, does not appear on such reproduction.
Nothing contained herein shall be construed to preclude any participant from utilizing, displaying, distributing, or
reproducing property listing sheets or other compilations of data pertaining exclusively to properties currently listed for
sale with the participant.
Any MLS information, whether provided in written or printed form, provided electronically, or provided in any other form or
format, is provided for the exclusive use of the participant and those licensees affiliated with the participant who are
authorized to have access to such information. Such information may not be transmitted, retransmitted, or provided in any
manner to any unauthorized individual, office, or firm.
None of the foregoing shall be construed to prevent any individual legitimately in possession of current listing information,
sold information, comparable, or statistical information from utilizing such information to support valuations on 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
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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.
*It is intended that the participant be permitted to provide prospective purchasers with listing data relating to properties which the prospective
purchaser has a bona find interest in purchasing or in which the participant is seeking to promote interest. The term reasonable, as used
herein, should therefore be construed to permit only limited reproduction of property listing data intended to facilitate the prospective
purchaser’s decision-making process in the consideration of a property purchase. Factors which shall be considered in deciding whether the
reproductions made are consistent with this intent and thus reasonable in number, shall include, but re not limited to, the total number of
listings in the MLS compilation, how closely the types of properties contained in such listings accord with the prospective purchaser’s
expressed desires and ability to purchase, whether the reproductions were made on a selective basis, and whether the type of properties
contained in the property listing data is consistent with a normal itinerary of properties which would be shown to the prospective purchaser.
A Participant may not make available for search by, or display to the Public, any of the following information:
a. Expired and withdrawn listings
b. The type of listing agreement, i.e., exclusive right to sell or exclusive brokerage.
c. The seller’s and occupant’s name(s), phone number(s), or e-mail address(es).
d. Instructions or remarks intended for cooperating brokers only, such as those regarding showings or security of
listed property which includes Agent remarks and Office only remarks
USE OF MLS INFORMATION (Section 13)
Section 13 - Limitations on Use of MLS Information: See Fine Section 22.2
Information from MLS compilations of current listing information, from statistical reports, and from any sold or
comparable report of the association or MLS may be used by MLS Participants as the basis for aggregated
demonstrations of market share or comparisons of firms in public mass-media advertising or in other public
representations. This authority does not convey the right to include in any such advertising or representation information
about specific properties which are listed with other participants, or which were sold by other participants (as either
listing or cooperating broker).
However, any print or non-print forms of advertising or other forms of public representations based in whole or in part on
information supplied by the Association 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 Space Coast
MLS for the period (date) through (date).
Section 13.1 - Sharing of MLS Passwords Prohibited: See Fine Section 22.4
MLS Participants and subscribers are strictly prohibited from sharing their MLS Passwords or providing access to the
MLS database.
CHANGES IN RULES AND REGULATIONS (Section 14)
Section 14 - Changes in Rules and Regulations:
Amendments to the Rules and Regulations of the MLS shall be by consideration and approval of the Board of
Directors of the multiple listing service, subject to final approval by the board of directors of the Space Coast
Association of REALTORS®, Inc. (shareholder).
ARBITRATION OF DISPUTES (Section 15)
Section 15 - Arbitration of Disputes:
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.
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, they remain obligated to arbitrate in
accordance with the procedures of the Florida Association of REALTORS®.
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
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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®.
Awards: The obligation to arbitrate includes the duty to either 1) pay an award to the party(ies) named in the award or
2) deposit the funds with the Professional Standards Administrator to be held in an escrow or trust account maintained
for this purpose. Failure to satisfy the award or deposit the funds with the association within ten (10) days may be
considered a violation of the MLS rules and may subject the Participant to disciplinary action at the sole discretion of the
MLS.
STANDARDS OF CONDUCT FOR MLS PARTICIPANTS (Section 16)
Section 16.1 - MLS Participants shall not engage in any practice or take any action inconsistent with exclusive
representation or exclusive brokerage relationship agreements that other MLS Participants have with clients.
Section 16.2 - Signs giving notice of property for sale, rent, lease, or exchange shall not be placed on property without
consent of the seller/landlord.
Section 16.3 - MLS Participants acting as subagents or as buyer/tenant representatives or brokers, shall not attempt to
extend a listing broker's offer of cooperation and/or compensation to other brokers without the consent of the listing
broker.
Section 16.4 - MLS Participants shall not solicit a listing currently listed exclusively with another broker. However, if the
listing broker, when asked by the MLS Participant, refuses to disclose the expiration date and nature of such listing (i.e.,
an exclusive right to sell, an exclusive brokerage, open listing, or other form of contractual agreement between the
listing broker and the client) the MLS Participant may contact the owner to secure such information and may discuss the
terms upon which the MLS Participant might take a future listing or, alternatively, may take a listing to become effective
upon expiration of any existing exclusive listing.
Section 16.5 - MLS Participants shall not solicit buyer/tenant agreements from buyers/tenants who are subject to
exclusive buyer/tenant agreements. However, if asked by an MLS Participant, the broker refuses to disclose the expiration
date of the exclusive buyer/tenant agreement, the MLS Participant may contact the buyer/tenant to secure such
information and may discuss the terms upon which the MLS Participant might enter into a future buyer/tenant agreement
or, alternatively, may enter into a buyer/tenant agreement to become effective upon the expiration of any existing
exclusive buyer/tenant agreement.
Section 16.6 - MLS Participants shall not use information obtained from listing brokers through offers to cooperate made
through multiple listing services or through other offers of cooperation to refer listing brokers’ clients to other brokers or to
create buyer/tenant relationships with listing brokers’ clients, unless such use is authorized by listing brokers.
Section 16.7 - The fact that an agreement has been entered into with an MLS Participant shall not preclude or inhibit any
other MLS Participant from entering into a similar agreement after the expiration of the prior agreement.
Section 16.8 - The fact that a prospect has retained an MLS Participant as an exclusive representative or exclusive
broker in one or more past transactions does not preclude other MLS Participants from seeking such prospect's future
business.
Section 16.9 - MLS Participants are free to enter into contractual relationships or to negotiate with sellers/landlords,
buyers/tenants or others who are not subject to an exclusive agreement but shall not knowingly obligate them to pay more
than one commission except with their informed consent.
Section 16.10 - When MLS Participants are contacted by the client of another MLS Participant regarding the creation of
an exclusive relationship to provide the same type of service, and MLS Participants have not directly or indirectly
initiated such discussions, they may discuss the terms upon which they might enter into a future agreement or,
alternatively, may enter into an agreement which becomes effective upon expiration of any existing exclusive agreement.
Section 16.11 - In cooperative transactions, MLS Participants shall compensate cooperating MLS Participants (principal
brokers) and shall not compensate nor offer to compensate, directly or indirectly, any of the sales licensees employed by
or affiliated with other MLS Participants without the prior express knowledge and consent of the cooperating broker.
Section 16.12 - MLS Participants are not precluded from making general announcements to prospects describing their
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services and the terms of their availability even though some recipients may have entered into agency agreements or
other exclusive relationships with another MLS Participant. A general telephone canvass, general mailing or distribution
addressed to all prospects in a given geographical area or in a given profession, business, club, or organization, or other
classification or group is deemed "general" for purposes of this standard.
The following types of solicitations are prohibited:
Telephone or personal solicitations of property owners who have been identified by a real estate sign, multiple listing
compilation, or other information service as having exclusively listed their property with another MLS Participant; and mail
or other forms of written solicitations of prospects whose properties are exclusively listed with another MLS Participant
when such solicitations are not part of a general mailing but are directed specifically to property owners identified through
compilations of current listings, "for sale" or "for rent" signs, or other sources of information intended to foster cooperation
with MLS Participants.
Section 16.13 - MLS Participants, prior to entering into a representation agreement, have an affirmative obligation to
make reasonable efforts to determine whether the prospect is subject to a current, valid exclusive agreement to provide
the same type of real estate service.
Section 16.14 - MLS Participants, acting as buyer or tenant representatives or brokers, shall disclose that relationship to
the seller/landlord's representative or broker at first contact and shall provide written confirmation of that disclosure to the
seller/landlord's representative or broker not later than execution of a purchase agreement or lease.
Section 16.15 - On unlisted property, MLS Participants acting as buyer/tenant representatives or brokers shall
disclose that relationship to the seller/landlord at first contact for that buyer/tenant and shall provide written
confirmation of such disclosure to the seller/landlord not later than execution of any purchase or lease agreement.
MLS Participants shall make any request for anticipated compensation from the seller/landlord at first contact.
Section 16.16 - MLS Participants, acting as representatives or brokers of sellers/landlords or as subagents of listing
brokers, shall disclose that relationship to buyers/tenants as soon as practical and shall provide written confirmation of
such disclosure to buyers/tenants not later than execution of any purchase or lease agreement.
Section 16.17 - MLS Participants are not precluded from contacting the client of another broker for the purpose of
offering to provide, or entering into a contract to provide, a different type of real estate service unrelated to the type of
service currently being provided (e.g., property management as opposed to brokerage) or from offering the same type of
service for property not subject to other brokers' exclusive agreements. However, information received through a
Multiple Listing Service or any other offer of cooperation may not be used to target clients of other MLS Participants to
whom such offers to provide services may be made.
Section 16.18 - MLS Participants, acting as subagents or buyer/tenant representatives or brokers, shall not use the
terms of an offer to purchase/lease to attempt to modify the listing broker's offer of compensation to subagents or
buyer/tenant representatives or brokers nor make the submission of an executed offer to purchase/lease contingent
on the listing broker's agreement to modify the offer of compensation.
Section 16.19 - All dealings concerning property exclusively listed, or with buyer/tenants who are subject to an exclusive
agreement shall be carried on with the client's representative or broker, and not with the client, except with the consent
of the client's representative or broker or except where such dealings are initiated by the client.
Before providing substantive services (such as writing a purchase offer or presenting a CMA) to prospects, MLS
Participants shall ask prospects whether they are a party to any exclusive representation agreement. MLS Participants
shall not knowingly provide substantive services concerning a prospective transaction to prospects who are parties to
exclusive representation agreements, except with the consent of the prospects' exclusive representatives or at the
direction of prospects.
Section 16.20 - Participants, users, and subscribers, prior to or after their relationship with their current firm is terminated,
shall not induce clients of their current firm to cancel exclusive contractual agreements between the client and that firm.
This does not preclude participants from establishing agreements with their associated licensees governing assignability
of exclusive agreements.
Section 16.21 - These rules are not intended to prohibit ethical, albeit aggressive or innovative business practices,
and do not prohibit disagreements with other MLS Participants involving commission, fees, compensation, or other
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forms of payment or expenses.
Section 16.22 - MLS participants shall not knowingly or recklessly make false or misleading statements about other
real estate professionals, their businesses, or their business practices.
Section 16.23 - MLS participants’ firm websites shall disclose the firm’s name and state(s) of licensure in a reasonable
and readily apparent manner.
Websites of licensees affiliated with a participant’s firm shall disclose the firm’s name and the licensee’s state(s) of
licensure in a reasonable and readily apparent manner.
Section 16.24 - MLS participants shall present a true picture in their advertising and representations to the
public, including Internet content, images, and the URLs and domain names they use, and participants may
not:
a.
engaging in deceptive and unauthorized framing of real estate brokerage websites;
b.
manipulating (e.g., presenting content developed by others) listing and other content in any way that
produces a deceptive or misleading result;
c.
deceptively use metatags, keywords or other devices/methods to direct, drive, or divert Internet traffic,
d.
present content developed by others without either attribution or without permission, or
e.
to otherwise mislead consumers, including use of misleading images.
Section 16.25 - The services which MLS participants provide to their clients and customers shall conform to the
standards of practice and competence which are reasonably expected in the specific real estate disciplines in which
they engage; specifically, residential real estate brokerage, real property management, commercial and industrial real
estate brokerage, land brokerage, real estate appraisal, real estate counseling, real estate syndication, real estate
auction, and international real estate.
MLS participants shall not undertake to provide specialized professional services concerning a type of property or service
that is outside their field or competence unless they engage the assistance of one who is competent on such types of
property or service, or unless the facts are fully disclosed to the client. Any persons engaged to provide such assistance
shall be so identified to the client and their contribution to the assignment should be set forth.
ORIENTATION (Section 17)
Section 17 - Orientation:
Any applicant for MLS Participation and any licensee affiliated with an MLS Participant who has access to and use of
MLS-generated information shall complete an orientation program of no more than eight (8) classroom hours devoted
to the MLS rules and regulations and computer training related to MLS information entry and retrieval and the operation
of the MLS within thirty (30) days after access has been provided. This requirement may be completed by attending a
classroom Orientation program created by the Association either in person or remotely.
Participants and subscribers may be required, at the discretion of the MLS, to complete additional training of not more
than four (4) classrooms hours in any twelve (12) month period when deemed necessary by the MLS to familiarize
participants and subscribers with system changes or enhancements and/or changes to MLS rules or policies.
Participants and subscribers must be given the opportunity to complete any mandated orientation and additional
training remotely.
INTERNET DATA EXCHANGE (IDX) (BROKER RECIPROCITY) (Section 18)
Section 18 - IDX Defined:
IDX affords MLS participants the ability to authorize limited electronic display and delivery of their listings by other
participants via the following authorized mediums under the participant’s control: websites, mobile apps, and audio
devices. As used throughout these rules, “display” includes “delivery” of such listing.
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. *
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* 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 the seller has prohibited all Internet display or other electronic forms of display or distribution.
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.
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.
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.
Section 18.2.3 - Listings, including property addresses, can be included in IDX displays except where a seller has
directed their listing broker 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) or other electronic forms of display or distribution.
Section 18.2.4 - Participants may select the listings they choose to display through IDX 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), or type of listing (e.g., exclusive right-
to-sell or exclusive agency). Selection of listings displayed through IDX must be independently made by each
participant.
Section 18.2.5 - Participants must refresh all MLS downloads and displays automatically fed by those downloads not
less frequently than every 12 hours.
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.
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.
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,
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.
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.
Section 18.2.10 - 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
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Participants may display listings from each IDX feed on a single webpage or display.
Section 18.2.11 - Participants shall not modify or manipulate information relating to other participants listings. MLS
Participants may augment their IDX display of MLS data with applicable property information from other sources to
appear on the same webpage or display, clearly separated by the data supplied by the MLS. The source(s) of the
information must be clearly identified in the immediate proximity to such data. This requirement does not restrict the
format of MLS data display or display of fewer than all of the available listings or fewer authorized fields.
Section 18.2.12 - All listings displayed pursuant to IDX shall identify the listing firm, and the email or phone number
provide by the listing participant 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. For audio delivery of listing content, all required disclosures
must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the device’s application.
Section 18.3 - 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. showing instructions, property security information,) may not be displayed.
Section 18.3.1.1 - The type of listing agreement (e.g., exclusive right to sell, exclusive agency, etc.) may not be displayed.
Section 18.3.2 -
Deliberately Left Blank
Section 18.3.3 - Deliberately Left Blank
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 websites subject to their participant’s consent and control and the requirements of
state law and/or regulation.
Section 18.3.6 - Deliberately left blank
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. For audio delivery of listing content, all
required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to
through the device’s application.
Section 18.3.8 - Participants (and their affiliated licensees, if applicable) shall indicate on their websites 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 the 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. For audio delivery of listing content, all
required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to
through the device’s application.
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 five hundred (500) listings or fifty percent (50%) of the listings available for
IDX display, whichever is fewer.
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
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holds participatory rights must be displayed separately from listings obtained from other sources. 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. For audio delivery of listing content, all
required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked
through the device’s application.
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.
Section 18.3.12 - Display of expired, and withdrawn listings is prohibited.
Section 18.3.13 - Display of seller’s(s’) and/or occupant’s(s’) name(s), phone number(s), and e-mail address(es) is
prohibited.
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.
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.
Section 18.3.16 - Advertising (including co-branding) on pages displaying IDX-provided listings is prohibited.
Section 18.4 - Service Fees and Charges
Service fees and charges for participation in IDX shall be as established annually by the Board of Directors.
VIRTUAL OFFICE WEBSITES (VOWs) Section 19
Section 19.1 - VOW Defined:
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 Virtual
Office Websites, 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 participants to the MLS and aggregated and distributed by the MLS to participants.
Section 19.2
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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 19.3
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 l 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 e-mail address for each Registrant. The
participant must send an e-mail 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 e-mail 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 username 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 username and password or may allow the Registrant to establish its username and
password. The participant must also assure that any e-mail address is associated with only one
username 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, e-mail address,
username, and current password of each Registrant. The participant must keep such records for not less than
one hundred eighty (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, e-mail address, username, 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 term 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’ ownership of and the validity of the MLS’ 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
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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 19.4 - 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 19.5 - A participant’s VOW must employ reasonable efforts to monitor for and prevent misappropriation,
scraping, and other unauthorized uses 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.
Section 19.6
a. A participant’s VOW shall not display the 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 e-mail, fax, or otherwise, the listings of sellers who have
determined not to have the listing for their property displayed on the Internet.
b. A participant who lists a property for a seller who has elected not to have the property listing or the property
address displayed on the Internet shall cause the seller to execute a document that includes the following (or a
substantially similar) provision.
c. The participant shall retain such forms for at least one (1) year from the date they are signed or one (1) year
from the date the listing goes off the market, whichever is greater.
Section 19.7
a.
Subject to Subsection b., below, 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.
to 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
Seller Opt Out Form
1.
Check one.
a.
I have advised my broker or sales agent that I do not want the listed property to be displayed
on the Internet.
b.
I have advised my broker or sales agent that I do not want the address of the listed property to
be displayed on the Internet.
2.
I understand and acknowledge that if I have selected Option a., consumers who conduct searches for
listings on the Internet will not see information about the listed property in response to their searches.
Initials of Seller
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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 19.8, 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 19.8 - 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 forty-eight (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 19.9 - A participant shall cause the MLS listing information available on its VOW to be refreshed at least once
every three (3) days.
Section 19.10 - Except as provided in these rules, in the NATIONAL ASSOCIATION OF REALTORS® VOW policy, or in
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 19.11 - 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 19.12 - 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, or type of property.
Section 19.13 - 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 19.14 - 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.
Section 19.15 - A participant’s VOW may not make available for search by or display to Registrants any of the
following information:
a.
expired and withdrawn listings
b.
the type of listing agreement, i.e., exclusive right-to-sell or exclusive agency
c.
the seller’s and occupant’s name(s), phone number(s), or e-mail address(es)
d.
instructions or remarks intended for cooperating brokers only, such as those regarding showings or security
of listed property Instructions or remarks intended for cooperating brokers only, such as those regarding
showings or security of listed property which includes Agent remarks and Office only remarks
Section 19.16 - A participant shall not change the content of any MLS listing information that is displayed on a VOW
from the content as it is provided in the MLS. The participant may, however, augment MLS listing information with
additional information not otherwise prohibited by these rules or by other applicable MLS rules or policies, as long as the
source of such other information is clearly identified. This rule does not restrict the format of display of MLS listing
information on VOWs or the display on VOWs of fewer than all of the listings or fewer than all of the authorized
information fields.
Section 19.17 - A participant shall cause to be placed on his or her VOW a notice indicating that the MLS listing
information displayed on the VOW is deemed reliable but is not guaranteed accurate by the MLS. A participant’s VOW
may include other appropriate disclaimers necessary to protect the participant and/or the MLS from liability.
Section 19.18 - A participant shall cause any listing that is displayed on his or her VOW to identify the name of the
listing firm, the listing broker or agent, and the email or phone number provided by the listing participant in a readily
visible color, in a reasonably prominent location, and in typeface not smaller than the median typeface used in the
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display of listing data.
Section 19.19 - A participant shall limit the number of listings that a Registrant may view, retrieve, or download to not
more than 100 current listings and not more than 100 sold listings in response to any inquiry.
Section 19.20 - A participant shall require that Registrants’ passwords be reconfirmed or changed every 90 days.
Section 19.21 - A participant may display advertising and the identification of other entities (“co-branding”) on any VOW the
participant operates or that is operated on his or her behalf. However, a participant may not display on any such VOW
deceptive or misleading advertising or co-branding. For purposes of this section, co-branding will be presumed not to be
deceptive or misleading if the participant’s logo and contact information (or that of at least one participant, in the case of a
VOW established and operated on behalf of more than one participant) is displayed in immediate conjunction with that of
every other party, and the logo and contact information of all participants displayed on the VOW is as large as the logo of
the AVP and larger than that of any third party.
Section 19.22 - A participant shall cause any listing displayed on his or her VOW obtained from other sources, including
from another MLS or from a broker not participating in the MLS, to identify the source of the listing.
Section 19.23 - A participant shall cause any listing displayed on his or her VOW obtained from other sources,
including from another MLS or from a broker not participating in the MLS, to be searched separately from listings in the
MLS.
Section 19.24 - Participants and the AVPs operating VOWs on their behalf must execute the license agreement required
by the MLS.
Section 19.25 - Where a seller affirmatively directs his or her listing broker to withhold either the seller’s listing or the
address of the seller’s listing from display on the Internet, a copy of the seller’s affirmative direction shall be provided to
the MLS within forty-eight (48) hours.
Broker Back Office Feed (Section 20)
Participants are entitled to use the BBO Data for BBO Use subject to the provisions of this policy:
Section 20.1 - Broker Back Office Feed Data Defined:
“BBO Data” means all real property listing and roster information in the MLS database, including all listings of all
participants, but excludes (i) MLS only fields (those fields only visible to MLS staff and the listing participant), and (ii) fields
and content to which MLS does not have a sufficient license for use in the Brokerage Back Office Feed
Section 20.2 - Broker Back Office Feed User Defined:
“BBO Use” means use of BBO Data by participant and subscribers affiliated with the participant for the following
purposes:
• Brokerage management systems that only expose BBO Data to participant and subscribers affiliated with
participant.
• Customer relationship management (CRM) and transaction management tools that only expose the BBO Data
to participant, subscribers affiliated with participant, and their bona fide clients as established under state law.
• Agent and brokerage productivity and ranking tools and reports that only exposes BBO Data to participant and
subscribers affiliated with participant.
• Marketplace statistical analysis and reports in conformance with these rules.
Section 20.3 - Broker Back Office Feed Use by Participant:
BBO Use may only be made by participant and subscriber affiliated with participant, except that at the request of a
participant, MLS must provide BBO Data to that participant’s designee. The designee may use the BBO Data only to
facilitate the BBO Use on behalf of that participant and its affiliated subscribers.
Section 20.4 - No Opt Out:
There is no option for participants to opt-out their listings from the Brokerage Back Office Feed Use as defined.
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Participant Valuation Data Use (Section 21)
Section 21.1 - Participant Valuation Defined:
“Participant Valuation” is Participant’s use and display of portions of MLS listing content, possibly including other data, for
an automated valuation model (AVM), broker price opinion (BPO), comparative (or comparable) market analysis (CMA),
or similar product or service, provided it can fairly be characterized as a valuation of real property and only to the extent
permitted here. Participant Valuation services need not include any human judgment or analysis. As used in this of these
rules, the term “Participant” includes a Participant’s affiliated non-principal brokers and sales licensee, except when the
term is used in the phrases “Participant’s consent” and “Participant’s oversight, supervision, and accountability.”
References to “Participant Valuation” includes all Participant Valuation whether provided by a Participant, non-principal
broker, or sales licensee.
Section 21.2 - Valuation Vendor:
“Valuation Vendor” refers to an entity or person designated by Participant to provide Participant Valuation services to
Participant, subject to Participant’s supervision, accountability, and compliance with this policy. No Valuation Vendor has
independent participation rights in the MLS or right to use MLS listing content, except in connection with the provisions of
Participant Valuation services to Participant. Access by Valuation Vendor to MLS listing content is derivative of the rights
of the Participant on whose behalf it provides the Participant Valuation services. Participant may use Valuation Vendor’s
technology platform and services to facilitate the fulfillment of Participant Valuations services, subject to and as permitted
by state law.
Section 21.3 - Provision of Participant Valuation:
Participant may provide Participant Valuation services to individuals and entities with whom Participant establishes a
broker-customer or broker-client relationship (“Registrants”), if such a relationship is required and defined by state law,
including completion of all actions required by state law in connection with providing real estate brokerage services to
Registrants. Such actions include, but are not limited to, satisfying all applicable agency, non-agency, and other
disclosure obligations, and execution of any required agreements necessary for performing valuations of real property
services. Participant’s Valuation Vendor may facilitate such actions were permitted by state law. Where state law does not
require the establishment of a broker-customer or broker-client relationship for providing Participant Valuation services,
the transaction must still occur between the Participant and Registrant but may be facilitated by Participant’s Valuation
Vendor.
Section 21.4 - Eligible Registrants:
Registrants may include Participant’s bona fide clients and customers, financial institutions, mortgage lenders, mortgage
bankers, mortgage brokers, mortgage loan servicers, title or mortgage insurers, insurers of payments owed to owners of
mortgage-backed securities, government sponsored entities, or such other businesses or institutions having an interest in
automated reports on property valuation or market conditions.
Section 21.5 - Registration e-mail Address:
Participant, or Valuation Vendor on behalf of Participant were permitted by state law, must obtain the name of and a valid
e-mail address for each Registrant that is an individual and the name of and a valid email address for each authorized
user if the Registrant is an entity. Participant must ensure that each Registrant agrees to the following terms of use or
substantially similar terms of use. Participant must verify that the e-mail address provided by the Registrant is valid and
that the Registrant has agreed to the terms of use; Participant may utilize Valuation Vendor’s technology platform to
facilitate and fulfill these obligations.
Section 21.6 - Terms of Use:
Participant, or Valuation Vendor on behalf of Participant were permitted by state law, must require each Registrant to
review and affirmatively to express agreement (by mouse click or otherwise) to a terms-of-use agreement or other form of
written contract that provides at least the following:
a. that Registrant acknowledges entering a lawful consumer-broker relationship with Participant, if such a
relationship is required by state law, or that Registrant acknowledges purchasing the Participant Valuation from
Participant, if a consumer-broker relationship is not required by state law.
b. that all information obtained by Registrant from Participant Valuation is intended only for Registrant’s business
purposes related to (1) mortgage loan foreclosure or default risk assessment or the review of the quality or
accuracy of real estate appraisals or other valuations (2) use in evaluating or engaging in a potential financing or
other transaction relating to the subject property, (3) distribution to an actual or potential borrower of funds the
repayment of which is secured by a mortgage lien on the subject property, or to the borrower’s financial or legal
advisors, (4) the purchase or sale of mortgage servicing rights, (5) the purchase or sale of loans, or (6) the
purchase, sale, or rental of properties whether property is intended to be used as a residence or for investment
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and whether the purchaser or seller is an individual or institution.
c. except as provided above, that Participant Valuations must not be used for any other purposes, including display
on publicly accessible websites, and that Registrant must not resell Participant Valuation and must not copy,
redistribute, or retransmit or otherwise use any of the MLS listing content provided in Participant Valuation.
d. that Registrant acknowledges, as between the parties, the MLS’s ownership of and the validity of the MLS’s
copyright in the MLS listing content.
e. that Registrant authorizes MLS and other Participants or their duly authorized representatives to access and
review the form used by Participant for any Participant Valuation for the purposes of verifying compliance with this
policy and monitoring use of Participants’ listings for Participant Valuation.
f. To the extent that Registrant breaches the terms of use agreement described in this policy, Participant and
Valuation Vendor is liable to the MLS as if Participant or Valuation Vendor had breached the terms of use
agreement itself. The agreement may also include such other provisions as may be agreed to between Participant
and Registrant.
Section 21.7 - Rights Limited to Participants:
Participant’s right to use MLS listing content in any Participant Valuation is subject to the applicable office of Participant
being a Participant in the MLS. In other words, an office of Participant that is not a Participant of the MLS, then it may not
use MLS listing content in any valuations or real property provided to any third party.
Section 21.8 - Standard of Care and Display:
Participant must protect the MLS listing content from misappropriation by employing reasonable efforts to monitor for and
prevent scraping or other unauthorized accessing, reproduction, or use of the MLS listing content and Valuations.
Section 21.9 - Compliance Checking:
Participant must make a copy of any type of Participant Valuation sold by Participant available to the MLS for purposes of
verifying compliance with this policy. Participant must maintain an audit trail of Participant's delivery to Registrant of all
Participant Valuations and make that information available to the MLS if the MLS has reason to believe that any
Registrant has caused or permitted a breach of the terms of use (or comparable agreement).
Section 21.10 - No Disclosure of Confidential Data:
Participants are prohibited from providing to any individual or entity, verbally or by any other delivery mechanism, any
MLS listing content classified as confidential by the MLS. Participant and Valuation Vendor must ensure that such
confidential information is not disclosed to Registrants or any other third party.
Section 21.11 - Display requirements:
Participant must cause to be placed on any Participant Valuation, or terms of use, (a) a notice indicating that the MLS
listing content displayed on the Participant Valuation is not guaranteed accurate by the MLS or other Participants; (b) a
copyright notice display “Copyright 20XX Space Coast Association of REALTORS® or “© 20XX Space Coast Association
of Realtors®” Multiple Listing Service or substantially similar. Participant must replace “20XX” with the current year as of
January 1 each year.
FINES FOR NON-COMPLIANCE (Section 22)
NOTE: Fines are established by the MLS governing Body. Levied fines may be appealed in writing to the MLS Governing
Body within ten (10) business days after notification of fine.
There are 2 types of fines:
a. Administrative Fines – Someone notifies the MLS of potential violation; the violation is listed in the MLS Rules as an
“Administrative Fine”. Staff reviews the listing, confirms that the listing is incorrect and issues an administrative fine.
Member requests a dispute before the MLS Committee to show why the administrative fine was incorrectly imposed
or presents a valid reason for why the listing was not in violation of the rule. The decision of the MLS Committee could
then be appealed before the MLS Board of Directors.
b. MLS Committee Issued Fines: A potential violation of the MLS Rules is reported, the rules DO NOT cite a specific
fine or penalty for that type of violation; MLS Committee would request a hearing with the violating member, giving
them the opportunity to explain why the reported circumstances is not a violation of the rules. During this hearing, the
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MLS Committee would make its ruling and notify the member accordingly. The violating member could request an
appeal of the MLS Committee decision to the MLS Board of Directors.
Section 22.0 – Dispute/Appeal of MLS Fines:
Dispute Process: If you wish to dispute a fine you must complete and submit your MLS Fine Dispute Request Form and
all supporting documents to the MLS Committee within ten business days after notification of fine. If your dispute is filed
within ten (10) business days of the MLS Committee meeting the dispute will be reviewed at the following months
meeting. You have the option to appear at the meeting.
The Participant (broker) or Subscriber (agent) who reported the violation will also be notified of the dispute and will have
the option to appear at the MLS committee meeting as well. Background information on your fine will be provided to the
committee prior to the meeting. You will be given five (5) minutes to present your reason(s) why the MLS Committee
should waive your fine. The Participant or Subscriber who reported the violation will also be given five (5) minutes to
present their reason(s) why the MLS Committee should uphold the fine. The MLS committee will make its decision and
each party will be notified of the decision via electronic email delivery.
The decision of the MLS Committee may be appealed to the MLS Board of Directors within 20 business days for three
reasons: (1) material facts that come to light after the violation but before the appeal deadline, (2) request for
reconsideration of the penalty, (3) and/or due process challenge.
Appeal Process: In order to make your final appeal to the MLS Board of Directors you will complete and submit the MLS
Fine Appeal Form via electronic email delivery with 20 business days.
Background information on your appeal will be provided to the MLS Board of Directors prior to the meeting. You will be
given five (5) minutes to present your reason(s) why the MLS Board of Directors should reconsider the decision of the
MLS Committee. The MLS Board of Directors will make its decision and each party will be notified of the decision via
electronic email delivery.
Both the Dispute and Appeal forms can be obtained from the MLS Compliance Department.
Section 22.1 - For failure to pay any service charge or fee within one (1) month of the date due, and provided that at least
ten (10) days’ notice has been given, the MLS shall be suspended until service charges or fees are paid in full.
Section 22.2 - For failure to comply with any of the following provisions, letters a-k, in addition to the provisions of
Sections 9 and 9.1 of the MLS Rules & Regulations the Participant shall receive a courtesy notice and allowed 1
business day to correct the violation, if it is a first offense. Failure to comply as requested will result in the violation being
considered a “repeat offense” and the administrative fine and penalties as stipulated below imposed:
• Repeat offense: $50.00 plus required to attend the MLS sponsored 2-hour course of instruction on the MLS
Rules and Regulations within 90 days of notification by the MLS for the first violation If after 90 days, class has
not been taken, an additional fine equal to that of the original fine will be assessed monthly until class is taken.
• Second Repeat offense: $250.00
• Additional offenses will require a $500.00 minimum fine and a hearing before the MLS Governing Body.
a.
Failure to input a listing into the MLS within five business days after all necessary signatures have been
obtained.
b.
For failure to correct required fields, incorrect or misleading information on a listing within one business
day.
c.
For failure to input a Pending, Contingency (except Contingency w/kick out clause) or Closed Sale within
one business day. after all necessary signatures have been obtained.
d.
For failure to disclose Limited-Service Listings or Variable Rate Commission.
e.
For failure to have all the Seller(s) written authorization(s) on price changes, extensions, or changes to the
terms of the listing.
f.
For failure to list exclusions in the agent information section of the listing.
g.
For failure to allow co-operating brokers to show an active listing. Listings that cannot be shown must be
withdrawn.
h.
For disclosing combination lockbox codes or any access codes anywhere except office only remarks section.
i.
For failure to include the following statement, or substantially similar notice, on any print or non-print forms of
advertising or other forms of public representation: “Based on information from the Space Coast MLS for the
period (date) through (date)”.
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j.
For failure to include a property address at the time of filing a listing with Space Coast MLS.
k.
For failure to provide clear, specific and concise directions in the Direction field in MLS.
Section 22.3 - For failure to provide copies of documents within one business day as required, when requested by
MLS staff, an administrative fine of $50.00 will be assessed. An additional charge of $ 100.00 will be assessed if not
provided within five (5) calendar days. Additionally, the listing agent is required to attend the MLS sponsored 2-hour
course of instruction on the MLS Rules and Regulations within 90 days of notification by the MLS. If after 90-days the
class has not been taken, an additional fine equal to that of the original fine will be assessed monthly until the class is
taken.
Section 22.4 - If the MLS suspects that your password has been compromised, the MLS will immediately initiate a
password change. For giving out a password, giving access, receiving, or using another MLS Participant’s or
Subscriber’s password to MLS both the person providing unauthorized access and the person using the unauthorized
access will be fined $15,000.00. Additionally, both parties are required to attend the MLS sponsored 2-hour course of
instruction on the MLS Rules and Regulations within 90 days of notification by the MLS. If after 90-days the class has
not been taken, an additional fine equal to that of the original fine will be assessed monthly until the class is taken. In
addition, the MLS Participant or Subscriber may be suspended or subject to permanent revocation of access to the
service as determined by the MLS Governing Body, after an appropriate hearing has been held.
Section 22.5 - For failure to immediately report to the MLS that the Seller of a property listed with MLS refuses to
accept a written offer satisfying the terms and conditions stated in the listing will be fined $100.00. Additionally, the
listing agent is required to attend the MLS sponsored 2-hour course of instruction on the MLS Rules and Regulations
within 90 days of notification by the MLS. If after 90-days the class has not been taken, an additional fine equal to that
of the original fine will be assessed monthly until the class is taken.
Section 22.6 - For Photo and Any Branding Violations:
a. A fine of $50.00 will be assessed for failure to upload a minimum of one photo at the time of inputting of
the listing into the MLS. If violation continues for 1-business day the MLS Governing Board may elect to
take a photo and charge the participant $100.00.
b. An immediate administrative fine of $50 per photo will be assessed for using photos of another MLS
participant to market your listing without their written permission. Participant has one (1) business day to
remove the photo(s). If photo(s) are not removed in one (1) business day, Space Coast MLS will remove the
photo(s).
c. An immediate administrative fine of $50 will be assessed for violation(s) of Sections 1.19-Contact Information,
Section 1.20-Virtual Tours, Videos and Audio Files and Section 1.21-Photos in MLS. Space Coast MLS will
remove the information immediately and also be required to attend the MLS sponsored 2-hour course of
instruction on the MLS Rules and Regulations within 90 days of notification by the MLS for the first violation.
If after 90 days, class has not been taken, an additional fine equal to that of the original fine will be assessed
monthly until class is taken.
Section 22.7 - Coming Soon Violations:
For a first violation there will be an administrative fine of $250 and required to attend the MLS sponsored 2-hour course of
instruction on the MLS Rules and Regulations within 90-days of notification by the MLS for the first violation. Failure to
complete the required education within the 90-day period will result in an additional administrative fine of $1,000 to be
billed to the member’s membership account, with notification to the MLS Participant (Broker). A second violation will
result in a $500 fine to each the MLS Subscriber (agent) and the MLS Participant (Broker).
Any subsequent violations by the same MLS Participant (Broker) or MLS Subscriber (Agent) for coming soon violations,
the MLS Participant (Broker) and MLS Subscriber (Agent), pursuant to the coming soon policy, will each be assessed an
administrative fine of $1,000. After notification by the MLS office, a failure to comply within one (1) business day a fine of
$1,000 per day will accrue to each the MLS Subscriber (Agent) and MLS Participant (Broker) until compliance, up to a
maximum pf $15,000 per occurrence. Any MLS Participant (Broker) or MLS Subscriber (Agent) failing to comply within
three (3) business days of notification will have their MLS Membership suspended.
Section 22.8 - Clear Cooperation Violations:
For failure to input a property in the MLS within one (1) business day of any public advertising, the MLS Participant
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(Broker) or MLS Subscriber (Agent), pursuant to the clear cooperation policy, will be assessed an administrative fine of
$250 and required to attend the MLS sponsored 2-hour course of instruction on the MLS Rules and Regulations within 90-
days of notification by the MLS for the first violation. Failure to complete the required education within the 90-day period
will result in an additional administrative fine of $1,000 to be billed to the member’s membership account. After notification
by the MLS office of a clear cooperation violation, a failure to comply within one (1) business day a fine of $250 per day
will accrue to each the MLS Subscriber (Agent) and MLS Participant (Broker) until compliance, up to a maximum of
$15,000 per occurrence. Any MLS Participant (Broker) or MLS Subscriber (Agent) failing to comply within three (3)
business days of notification will have their MLS Membership suspended until compliance is met, all fines will continue to
accrue until compliance is met up to a maximum of $15,000.
A second violation for failure to input a property into the MLS within one (1) business day of any public advertising, the
MLS Participant (Broker) and MLS Subscriber (Agent), pursuant to the clear cooperation policy, will each be assessed an
administrative fine of $500 for the second violation. After notification by the MLS office, a failure to comply within one (1)
business day a fine of $500 per day will accrue to each the MLS Subscriber (Agent) and MLS Participant (Broker) until
compliance, up to a maximum of $15,000 per occurrence. Any MLS Participant (Broker) or MLS Subscriber (Agent)
failing to comply within three (3) business days of notification will have their MLS Membership suspended until compliance
is met, all fines will continue to accrue until compliance is met up to a maximum of $15,000.
Any subsequent violations by the same MLS Participant (Broker) or MLS Subscriber (Agent) for failure to input a property
into the MLS within one (1) business day of any public advertising, the MLS Participant (Broker) and MLS Subscriber
(Agent), pursuant to the clear cooperation policy, will each be assessed an administrative fine of $1,000. After notification
by the MLS office, a failure to comply within one (1) business day a fine of $1,000 per day will accrue to each the MLS
Subscriber (Agent) and MLS Participant (Broker) until compliance, up to a maximum pf $15,000 per occurrence. Any
MLS Participant (Broker) or MLS Subscriber (Agent) failing to comply within three (3) business days of notification will
have their MLS Membership suspended.
Section 22.9 - Seller Exempt Listings Paperwork:
When requested by the MLS the MLS Participant (Broker) and MLS Subscriber (agent) must provide the MLS with the
copy of the requested executed forms within 1 business day. Failure to supply the requested paperwork will result in an
automatic suspension of the MLS Subscribers (agent’s) MLS Privileges until the paperwork if filed, with notification to the
MLS Participant (Broker) and required to attend the MLS sponsored 2-hour course of instruction on the MLS Rules and
Regulations within 90 days of notification by the MLS for the first violation. If after 90 days, class has not been taken, an
additional fine equal to that of the original fine will be assessed monthly until class is taken.
For a second violation of failing to provide requested paperwork the MLS Subscriber (agent) will be issued an
administrative fine of $1,000 per day, until the paperwork is provided, not to exceed $15,000, at which time the MLS
Subscribers MLS Privileges will be suspended until the proper paperwork is filed.
Any subsequent failures of the MLS Subscriber (agent) to comply with similar requests for exclusion paperwork will result
in an administrative fine of $2,000 per day charged to each the MLS Participant (Broker) and MLS Subscriber (agent) not
to exceed $15,000 each, at which time the MLS Participants (Broker) Privileges will be suspended until the proper
paperwork is filed. Additional failures to comply may result in termination of the MLS Participants MLS Privileges.
Anytime during this process, the MLS Participant may request a formal hearing before the Associations Professional
Standards Committee. During this time the penalties, be held in abeyance until a decision is rendered pursuant to the
Professional Standards process.
Section 22.9.1 - Showing of Excluded Properties:
For a first violation there will be an administrative fine of $250 and required to attend the MLS sponsored 2-hour course of
instruction on the MLS Rules and Regulations within 90-days of notification by the MLS for the first violation. Failure to
complete the required education within the 90-day period will result in an additional administrative fine of $1,000 to be
billed to the member’s membership account, with notification to the MLS Participant (Broker). A second violation will
result in a $500 fine to each the MLS Subscriber (agent) and the MLS Participant (Broker).
Any subsequent violations by the same MLS Participant (Broker) or MLS Subscriber (Agent) for coming soon violations,
the MLS Participant (Broker) and MLS Subscriber (Agent), pursuant to the coming soon policy, will each be assessed an
administrative fine of $1,000. After notification by the MLS office, a failure to comply within one (1) business day a fine of
$1,000 per day will accrue to each the MLS Subscriber (Agent) and MLS Participant (Broker) until compliance, up to a
maximum pf $15,000 per occurrence. Any MLS Participant (Broker) or MLS Subscriber (Agent) failing to comply within
three (3) business days of notification will have their MLS Membership suspended.
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Section 22.10 - Lockbox System, Showing Instructions and Negotiations Violations:
An MLS Participant or any licensee affiliated with the MLS Participant, licensed, certified or registered appraisers or
other authorized user of the Electronic Lockbox Program may be assessed the following fines for violation of the
Lockbox Rules & Regulations listed below:
•
Failure to remove lockbox from the property within 48 hours after the listing either expires, rents or a finalized
closed sale or whenever officially notified by the MLS or Association to remove such lockboxes.
•
Failure to notify listing office immediately (within 2 hours) that key is missing from lockbox, or property unlocked
or damaged.
•
First offense a there will be an administrative fine of and a $50.00 fine and required to attend the MLS
sponsored 2-hour class of instruction on the MLS rules and Regulations within 90 days of notification by the
MLS for the first violation. If after 90 days, class has not been taken, an additional fine equal to that of the
original fine will be assessed monthly until the class is taken.
•
Second offense within a one-year period a letter of reprimand and a fine of $ 100.00.
Additional offenses within a three-year period of first occurrence will require a $1,000.00 fine, a 90-day
suspension of all Lockbox privileges and a hearing before the MLS Governing Body which could result in
more severe penalties including permanent revocation of lock box privileges.
•
Entering a property with a lockbox key and/or without authorization, per the listing agent’s instructions in the
showing instructions in the MLS is subject to:
•
For a first violation there will be an administrative fine of $1000 and required to attend the MLS sponsored
2-hour class of instruction on the MLS Rules and Regulations within 90 days of notification by the MLS for
the first violation. If after 90 days, class has not been taken, an additional fine equal to that of the original
fine will be assessed monthly until the class is taken.
•
Second offense within a one-year period a letter of reprimand and a fine of $ 3,000.00.
•
Third offense within 2 years of 1
st
occurrence a fine of $ 5,000.00 and a 90-day suspension of all Lockbox
Privileges.
•
Allowing showings of property while in the coming soon status is subject to:
•
For a first violation there will be an administrative fine of $1000 and required to attend the MLS sponsored
2-hour class of instruction on the MLS rules and Regulations within 90 days of notification by the MLS for
the first violation. If after 90 days, the class has not been taken, an additional fine equal to that of the original
fine will be assessed monthly until the class is taken.
•
Second offense within a one-year period a letter of reprimand and a fine of $ 3,000.00.
•
Third offense within 2 years of 1
st
occurrence a fine of $ 5,000.00 and a 90-day suspension of all Lockbox
Privileges.
Section 22.11 - Loan of Key:
Loan of the SUPRA App to access a lockbox to any other person shall result in an administrative fine of $ 1,000.00 to both
the person who loaned the access and the person that borrowed the access are also required to attend the MLS
sponsored 2-hour class of instructions on the MLS Rules and Regulations within 90 days of notification by the MLS for the
first violation. Permanent revocation of lockbox access privileges for a second violation.
Section 22.12 - Displaying Confidential Codes in the MLS:
For a first violation, an administrative fine of $ 500.00 and required to attend the MLS sponsored 2-hour class of
instructions on the MLS Rules and Regulations within 90 days of notification by the MLS for the first violation. If after
90 days, class has not been taken, an additional fine equal to that of the original fine will be assessed monthly until
class is taken.
Section 22.13 - Listing Data Manipulation:
For a first violation, an administrative fine of $250 and required to attend the MLS 2-hours sponsored course of instruction
on the MLS Rules and Regulations within 90-days of notification by the MLS for the first violation. Failure to complete the
required education within the 90-day period will result in an additional administrative fine of $1,000 to be billed to the
member’s membership account. (Note. In the form of an explanation, the intent of this rule is to keep listings from being
withdrawn or cancelled and recreated to misleadingly appear as a new listing).
A second violation for listing manipulation, by the same MLS Participant (Broker) and MLS Subscriber (Agent), pursuant
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to the listing manipulation policy, will each be assessed an administrative fine of $500 for the second violation. Any
subsequent violations by the same MLS Subscriber (Agent) for listing manipulation, the MLS Participant (Broker) and MLS
Subscriber (Agent), pursuant to the listing manipulation policy, will each be assessed an administrative fine of $1,000.
Section 22.14 - Advertising a listing:
Advertising a listing without prior consent of the listing broker will result in an administrative fine of $250 and required to
attend the MLS 2-hour sponsored course of instruction on the MLS Rules and Regulations within 90-days of notification
by the MLS for the first violation. Failure to complete the required education within the 90-day period will result in an
additional administrative fine of $1,000 to be billed to the member’s membership account.
A second violation for advertising a listing without prior consent, by the same MLS participant (Broker) and MLS
Subscriber (Agent) will result in an administrative fine of $500. Any subsequent violations by the same MLS Participant
(Broker) or MLS Subscriber (Agent), the MLS Participant (Broker) and MLS Subscriber (Agent), will each be assessed an
administrative fine of $1,000.
Section 22.15 - Services Advertised as “Free”:
Services advertised as “free” will result in an administrative fine of $250 and required to attend the MLS 2-hour sponsored
course of instruction on the MLS Rules and Regulations within 90-days of notification by the MLS for the first violation.
Failure to complete the required education within the 90-day period will result in an additional administrative fine of $1,000
to be billed to the member’s membership account.
A second violation will result in an administrative fine of $500 assessed to both the MLS Participant (Broker) and MLS
Subscriber (Agent). Any subsequent violations by the same MLS Participant (Broker) or MLS Subscriber (Agent), the MLS
Participant (Broker) and MLS Subscriber (Agent), will each be assessed an administrative fine of $1,000.
SERVICE CHARGES (Section 23)
Service charges and fines are established independently by the Space Coast Multiple Listing Service Board of Directors.
Time periods shall be calculated in calendar days. If the last day falls on a Saturday, Sunday, or legal holiday then the
date shall be the following business day.
The following service charges for operation of MLS are in effect to defray the costs of the MLS and subject to change from
time to time in such amounts determined by the MLS Governing Body. All MLS fees, dues, and charges, including, but not
limited to initial participation fees, recurring participation fees, subscription fees, etc., may be assessed to MLS
Participants or to individual users as subscribers. This does not preclude an MLS participant from being reimbursed by
affiliated licensees for fees or charges incurred on their behalf pursuant to any in-house agreement that may exist. If direct
billing of subscribers is utilized, the ultimate responsibility for delinquent dues, fees and charges is that of the Participant.
Section 23.1 - Initial Application Fee:
An applicant for participation may be assessed an application fee with such fee to accompany the application.
Section 23.2 - Recurring Participation Fee:
Each Participant may be assessed an amount as established plus an additional amount time the number of licensees,
whether licensed as a broker, broker-associate, or sales associate, or licensed, certified or registered real estate
appraiser who is employed by or affiliated with such Participant. Failure to remit the entire amount will result in
suspension of all services to the Participant until the matter is settled. Billing deadlines and late penalties covered below
also apply to this billing.
However, MLSs must provide participants the option of a no-cost waiver of MLS fees, dues, and charges for any
licensee or licensed or certified appraiser who can demonstrate subscription to a different MLS or Commercial
Information Exchange (CIE) where the principal broker participates. MLSs may, at their discretion, that broker
participants sign a certification for nonuse of its MLS services by their licensees, which can include penalties and
termination of the waiver if violated.
Participants will be charged the Service fees for all new licensees employed or affiliated with the Participant prorated from
date of employment until the next quarterly due date for said fees. These fees are to be paid upon application of new
licensees for membership and MLS Participation.
Quarterly fee payment: Participants fees are based on billing policies established by Space Coast Multiple Listing Service
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Board of Directors. Amount due and due dates will be posted on invoices sent to members.
Section 23.3 - Optional Fees:
Listing fees, computer input fees, lockboxes and keys and the optional photo fees shall be charged by MLS in such
amounts and collected in such manner as prescribed by MLS Governing Body.
Section 23.4 - Refund Policy:
There will be no refunds of the Participation Fee for licensees who leave an office after the fee is paid.
Section 23.5 - Late Fees:
A late fee of 20% will be assessed to each participant who does not pay by that date and the participant’s access to the
MLS will be inactivated until all fees are paid. If a participant fails to pay any open balance, the “designated participant
or Broker” will be responsible for payment by the due date or the “designated participant or Broker” and all participants
in that office will be terminated.
Section 23.6 – Reinstatement for Nonpayment:
A Participant whose MLS services have been suspended may be reinstated by paying his/her delinquent bill(s).
Section 23.7 - Non-Sufficient Funds:
Any payment for services made by check which is returned to the MLS for non-sufficient funds will result in a charge to
the Participant of $50.00 per return. After two (2) returns, only cash payments will be accepted.
