RULES AND REGULATIONS - TheMLS

1y ago
13 Views
2 Downloads
1.16 MB
53 Pages
Last View : 2d ago
Last Download : 3m ago
Upload by : Dahlia Ryals
Transcription

RULES AND REGULATIONSEffective Date: January 2022With NAR Mandated ChangesThrough December 2021-1-

Table of Contents1. AUTHORITY. . 72. PURPOSE. 73. THE AOR/MLS COMMITTEE. . 74. PARTICIPATION AND AUTHORIZED ACCESS. . 74.1 Participant. . 74.1.1 Broker Participant. 84.1.2 Appraiser Participant. . 94.1.3 Redundant Participant Qualifications. 94.2 Subscriber. . 94.2.1 R.E. Subscriber . 94.2.2 Appraiser Subscriber. 94.2.3 Redundant Subscriber Qualifications . 104.3 Clerical Users. 104.4 Registered Assistant Access. . 104.4.1 Assistant Fees. . 104.4.2 Assistant Written Agreement. . 104.4.3 Assistant Information. . 114.4.4 Assistant Identification. . 114.4.5 Assistant Eligibility. . 114.5 Notification of Licensees . 114.6 Participation Not Transferable. 114.7 Listing Broker Defined. 114.8 Buyer Broker Defined. 114.9 Appraiser Defined . 124.10 Authorization for Mandatory Training. 124.11 Subject to MLS Rules . 125. MLS FEES AND CHARGES . 125.1 Service Fees and Charges . 125.1.1 Initial Participation and/or Application Fee . 125.1.2 Recurring Participation Fee . 125.1.3 Listing Fee . 135.1.4 Publication Fees. 135.1.5 Computer Access Fees . 135.1.6 Certification of Nonuse. 135.1.7 Other Fees . 135.2 Responsibility for Fees . 136. REGIONAL AND RECIPROCAL AGREEMENTS. . 147. LISTING PROCEDURES. 147.1 Listings Subject to Rules and Regulations of the MLS. 147.2 Property Already Listed By Another Agent/Broker. 147.3 Listing and Co-Listing Agents/Brokers . 147.4 Range Pricing. 147.5 Types of Listings; Responsibility for Classification . 147.5.1 Scope of Service; Limited Service Listings . 15-2-

7.5.2 Scope of Service; MLS Entry-Only Listings . 157.5.3 Scope of Service; Legal Obligations . 167.6 Types of Properties; Responsibility for Classification . 167.7 Compliance with California and Federal Law. 167.8 Mandatory Submission . 167.9 Mandatory Submission Upon Marketing . . 177.10 Exempted Listings . 177.11 Service Area . 177.12 Change of Listing Information. 177.13 Withdrawal of Listing Prior to Expiration. 177.14 Contingencies. 187.15 Detail on Listings Filed With the MLS. 187.16 Unilateral Contractual Offer; Subagency Optional . 187.17 Acceptance of Contractual Offer . 187.18 Consent to Act as Dual Agent. 197.19 Estate Sale, Probate, Bankruptcy, Auction, and Lender Approval Listings . 197.19.1 Probate and Bankruptcy Listings . 197.19.2 Lender Approval Listings. 197.19.3 Auction Listings. 197.20 Changes to Offer of Compensation to All Broker Participants . 207.21 Broker Participant or R.E. Subscriber as Principal. 207.22 Multiple Unit Properties . 207.23 Expiration, Extension, and Renewal of Listings. 217.23.1 Extension for Protected Buyer. 217.24 Listings of Participants or Subscribers Suspended, Expelled, or Resigned . 217.24.1 Failure to Pay MLS Fees; Resignation . 217.24.2 Violations of MLS Rules . 217.25 No Control of Commission Rates or Fees Charged by Participants . 217.26 Dual or Variable Rate Commission Arrangements (Listing Broker Advantage) . 227.27 Right of Listing Broker and Presentation of Counter-Offers. 227.28 REO Disclosure . 228. DOCUMENTATION; PERMISSION; ACCURACY OF INFORMATION . 228.1 Listing Agreement and Seller’s Permission . 228.2 Written Documentation . 238.3 Accuracy of Information; Responsibility for Accuracy. . 238.4 Input Defined . 238.5 Buyer, Seller, Purchase, and Sale Defined . 239. SELLING PROCEDURES . 249.1 Showings and Negotiations. 249.2 Disclosing the Existence of Offers . 249.3 Availability to Show or Inspect. 249.4 Presentation of Offers. 249.5 Submission of Offers and Counter-Offers . 249.6 Right of Buyer Broker in Presentation of Offer. 249.7 Change of Compensation Offer by Buyer Broker. 259.8 Buyer Broker as a Buyer . 259.9 Physical Presence of Participant or Subscriber . 2510. REPORTING SALES AND OTHER INFORMATION TO THE MLS. 25-3-

10.1 Statuses . 2510.2 Reporting of Sales . 2610.3 Removal of Listings for Refusal/Failure to Timely Report Status Changes . 2610.4 Reporting Cancellation of Pending Sale. . 2710.5 Refusal to Sell . 2711. OWNERSHIP OF MULTIPLE LISTING SERVICE COMPILATIONS AND COPYRIGHTS. 2711.1 MLS Compilation Defined . 2711.2 Active Listing MLS Compilation Defined . 2711.3 Comparable Data MLS Compilation Defined . 2711.4 Authority to Put Listings in MLS Compilation . 2711.5 Photographs/Images on the MLS. 2711.6 Copyright Ownership . 2811.7 Leasing of MLS Compilations . 2811.8 Database Preservation . 2811.9 Removal of and Responsibility for Content. . 2811.10 Indemnification; Limitation of Liability. . 2811.11 Pursuing Complaints of Unauthorized Use of Listing Content. 2911.12 Participant Access and Entitlement to Their Own Listing Information; Data Portability. 2912. PROHIBITIONS AND REQUIREMENTS. . 3012.1 Notification of California Department of Real Estate (DRE) or California Bureau of RealEstate Appraisers (BREA) Action . 3012.2 Violations of the Law. 3012.3 Supervision of R.E. Licensees and Appraisers . 3012.4 Solicitation of Listing Filed With the MLS. 3012.5 Misuse of Public Remarks and Media . 3112.5.1 Misuse of Other Remarks and Media . 3112.6 “For Sale” Signs . 3112.7 “Sold” Signs, Use of the Term “Sold ” and Advertising Sold Listings . 3112.8 Advertising of Listing Filed With the MLS . 3112.8.1 Advertising of Listing in Printed Neighborhood Market Report . . . 3212.9 Limitations on Use of MLS Information in Advertising . 3212.10 False or Misleading Advertising and Representations; True Picture Standard of Conduct. 3312.11 Use of MLS Information . 3312.12 Confidentiality of MLS Information . 3312.12.1 Clerical Users . 3412.13 Access to Comparable and Statistical Information . 3412.14 Display . 3412.15 Reproduction . 3412.15.1 Copies to Prospective Buyers . 3412.15.2 Information Reproduced . 3512.15.3 Copies for Appraisals . 3512.15.4 Downloading into Computers. 3512.15.5 Sold Information . 3612.16 Use of Listing Information on Internet (Also known as Internet Data Exchange (“IDX”) 3612.16.1 Authorization . 3612.16.2 Consent . 3712.16.3 Control. . 37-4-

12.16.4 Display Content . 3712.16.5 Listing Attribution . 3712.16.6 Modifications and Augmentations. . . 3812.16.7 Source and Update . 3812.16.8 Usage Limitations . 3812.16.9 Security . 3812.16.10 Display Purpose . 3812.16.11 Restricted Display . 3812.16.12 Restricted Access and Distribution . 3912.16.13 Excluded Listings. 3912.16.14 Website Identification . 3912.16.15 Co-Mingling. 3912.16.16 Third Party Comments and Automated Value Estimates . 3912.16.17 Making Corrections . 4012.16.18 Compliance . 4012.16.19 Notification by Authorized Participants and Subscribers . 4012.16.20 Right to Charge for Download . 4012.16.21 Disclaimer. . 4012.17 Applicability of Rules to MLS. 4112.18 Listing Broker's Right to Opt Out of Internet Advertising of MLS Information. 4112.19 Website Name and Status Disclosure . 4112.20 Use of the Terms MLS and Multiple Listing Services . 4112.21 Participant and Subscriber Standards of Conduct . 4113. LOCKBOXES. 4213.1 Eligibility for Lockboxes. 4213.2 Key Use and Service . 4213.2.1 Use of Lockbox Content .4213.2.2 Issuing Temporary Codes .4213.3 Accountability . 4313.4 Deemed Unaccountable . 4313.5 Written Authority. 4313.6 Lockbox Requirements. 4313.6.1 Approved Lockboxes . 4413.7 Listing Broker’s Permission . 4413.8 Reporting Missing or Unaccountable Keys . 4413.9 Removal . 4413.10 Rules Violations . 4413.11 Right to Limit Access . 4414. VIOLATIONS OF RULES AND REGULATIONS . 4414.1 Grounds for Disciplinary Action and Sanctions. 4414.2 Sanctions . 4514.3 Citations . 4515. PROCEDURES FOR MLS RULES HEARINGS . 4516. ARBITRATION. 4516.1 Mandatory Arbitration . 45-5-

16.2 Other Arbitration Agreements . 4516.3 Arbitration Between Association Members. 4616.4 Arbitration Involving Non-Association Members . 4616.5 Same Firm . 4616.6 Timing. 4617. NONPAYMENT OF MLS FEES. . 4717.1 Nonpayment of MLS Fees . 4717.2 Disputed Amounts. 4717.3 Reinstatement. 4718. CHANGE IN RULES AND REGULATIONS . 4719. VIRTUAL OFFICE WEBSITES (VOW) . 4719.1 VOW Definitions. 4719.2 VOW Operating Parameters . 4819.3 VOW Registrant Access Requirements . 48-4919.4 VOW Contact Requirements . 5019.5 VOW Data Security. 5019.6 VOW Listing Display Restrictions . 5019.7 Posting Consumer Comments and Automated Value Estimate. 5119.8 Correction of VOW Listing Information . 5119.9 VOW Mandatory Listing Refresh. 5119.10 VOW MLS Listing Distribution Limitations . 5119.11 VOW Privacy Policy . 5219.12 VOW Selective Listing Display . 5219.13 Notification of MLS of Intent to Operate a VOW . 5219.14 Operation of Multiple VOWs . 5219.15 VOW Data Display Limitations. NOT ADOPTED. 5219.16 Changes to Listing Content . 5219.17 Listing Accuracy Disclaimer . 5219.18 Listing Broker or Agent Identification. NOT ADOPTED . 5319.19 Listing Search Result Limitation . 5319.20 Mandatory Registrant Password Change. 5319.21 VOW Co-Branding and Advertising . 5319.22 Identifying Listing Source . 5319.23 Separate Source Listing Search . 5319.24 MLS Licensing Agreement for VOW . 5319.25 Seller’s Direction to Withhold from Internet . 5320. REJECTION OF APPLICATION . 53-6-

1.AUTHORITY.The Associations of REALTORS (AOR)/Multiple Listing Service may maintain a MultipleListing Service (“MLS”) or other “Services” for the use of licensed real estate Brokers andSalespersons and licensed or certified Appraisers under the terms of these rules as fromtime to time amended.2.PURPOSE.A Multiple Listing Service is a means by which authorized MLS Broker participantsestablish legal relationships with other participants by making a blanket unilateralcontractual offer of compensation and cooperation to other Broker participants; by whichinformation is accumulated and disseminated to enable authorized participants toprepare appraisals, analyses and other valuations of real property for bonafide clients andcustomers; by which participants engaging in real estate appraisal contribute to commondatabases; and is a facility for the orderly correlation and dissemination of listinginformation among the participants so that they may better serve their clients,customers, and the public. Entitlement to compensation is determined by the buyerbroker’s performance as a procuring cause of the sale or lease.3.THE AOR/MLS COMMITTEE.The AOR/MLS shall be governed by its board of directors (hereinafter “Board ofDirectors”) in accordance with its articles of incorporation and its bylaws. Committeesmay be established to perform such functions as may be delegated, but all actions ofcommittees shall be subject to the approval and confirmation of the Board of Directors.4.PARTICIPATION AND AUTHORIZED ACCESS.4.1 Participant. A Participant is any individual who applies and is accepted by the MLS,meets and continues to meet all of the following requirements of either a BrokerParticipant or an Appraiser Participant as defined below in Sections 4.1.1 and 4.1.2.*Note: Mere possession of a broker's license is not sufficient to qualify for MLSparticipation. Rather, the requirement that an individual or firm “offers and/oraccepts compensation” means that the Participant actively endeavors during theoperation of its real estate business to list real property of the type listed on theMLS and/or to accept off

The Associations of REALTORS (AOR)/Multiple Listing Service may maintain a Multiple Listing Service ("MLS") or other "Services" for the use of licensed real estate Brokers and Salespersons and licensed or certified Appraisers under the terms of these rules as from time to time amended. 2. PURPOSE. A Multiple Listing Service is a means .

Related Documents:

Rules database is the basis of the rules engine and it is a collection of rules files which are established by rules engine. Rules database is maintained by rules management and it is used by rules engine. (5) Rules Matching The first step is modelling with rules files in rules database. Then, it will match rules with users'

1. These Rules & Regulations shall be called "Crowdfunding Rules & Regulations 2019"; 2. These rules & regulations shall come into force with effect from 1st July, 2019; and 3. These rules & regulations shall primarily govern the operation of donation-based, reward-based and equity-based crowdfunding (CF) and applies to a crowd funding

Classification Rules -MDR, Annex VIII MDR MDD Rules 1 -4: Non-invasive devices Rules 5 -8 : Invasive devices Rules 9 -13 : Active Devices Rules 14 -22 : Special rules Rules 1 -4 : Non-invasive devices Rules 5 -8 : Invasive devices Rules 9 -12 : Active devices Rules 13 -18 : Special rules

4. ASA Rules and Regulations 5. The IPC Athletics Rules and Regulations 6. The Safety at Sports and Recreational Events Act, 2 of 2010 and its Regulations 7. The Occupational Health and Safety Act, 85 of 1993 and its Regulations INTRODUCTION The ASA Competition Rules are only applicable in South Africa for athletics meetings

ABS - Rules and Guides - 2017 The American Bureau of Shipping (ABS) has released new editions of its Rules and Guides for 2017. These include steel vessel rules, offshore vessel rules, yacht rules, barge rules, bulk carrier rules and high speed craft rules. Read more. Issued December/2016. IRClass - Technical Circular - Tuvalu

TRIAL RULES LR15-TR-1: RULES OF PROCEDURE Pleading and procedure shall comply with the Indiana Rules of Civil and Criminal Procedure, per rules, the Statutes of Indiana, and the Local Rules of Court. Administration of the Court shall comply with Jury Rules, Administration Rules and Administration and Discipline Rules.

1.1 Standard Rules (a) These Rules apply in addition to the standard game rules ('Standard Rules'). The Standard Rules, which may change from time to time, are set out in Appendix 1. (b) These Rules override the Standard Rules in the event of a discrepancy. Moreover: (i) games played under these Rules must be one on one, with both players

Achieved a high qualification In Radiology such as American Board, ABRMI or equivalent. Has an experience of at least 3 years after the higher qualification. Of the rank of Consultant Radiologist. Is employed on a full time basis , in the selected training hospital/ center -6-4.2 - Responsibilities and Duties of the Trainer Responsible for the actual performance of the trainee. Look after the .