2022 NABOR MLS Rules And Regulations - First & Foremost

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2022 RULES AND REGULATIONSTABLE OF CONTENTSSECTION 1 - LISTING PROCEDURESPages 2-7SECTION 2 - SELLING PROCEDURESPages 7-9SECTION 3 - REFUSAL TO SELLPage 9SECTION 4 - PROHIBITIONSPages 9-10SECTION 5 - DIVISION OF COMMISSIONSPages 10-12SECTION 6 - SERVICE CHARGESPage 12-13SECTION 7 - COMPLIANCE WITH RULESPage 14-15SECTION 8 - MEETINGSPage 15SECTION 9 - ENFORCEMENT OF RULES OR DISPUTESPages 15-22SECTION 10 - CONFIDENTIALITY OF MLS INFORMATIONPage 23SECTION 11 - OWNERSHIP OF MLS COMPILATION AND COPYRIGHTPage 23SECTION 12 - USE OF COPYRIGHTED MLS COMPILATIONPage 24SECTION 13 - USE OF MLS INFORMATIONPage 25SECTION 14 – CHANGES IN RULES AND REGULATIONSPage 25SECTION 15 – ORIENTATIONPage 25SECTION 16 - INTERNET DATA EXCHANGEPages 25-29SECTION 17 - VIRTUAL OFFICE WEBSITESPages 29-32

LISTING PROCEDURESSECTION 1LISTING PROCEDURESListings of real property of the following types, which are listed subject to a real estate broker’s license, and are locatedwithin the territorial jurisdiction of the multiple listing service, and are taken by participants on forms the participantindividually chooses to utilize, shall be delivered to the multiple listing service or entered into the computer database forcooperation with other MLS participants within three (3) business days after all necessary signatures of seller(s) have beenobtained or the listing period begins, whichever is the latter: (Amended 11/17)Mandatory Listing Typesa) Single family homes for sale or exchangeb) Vacant Lots, Land and Acreage for sale or exchangec) Multi-Family – 2, 3 and 4 family residential buildings for sale or exchanged) Farms and RanchesOptional Listing Typesa) Commercial and industrial buildings for sale or exchangeb) Commercial Leasec) Residential RentalSpecial Considerationa) New Construction is excluded from Clear Cooperation (MLS Policy Statement 8.0) until the building permit isissued. New construction must be entered into the MLS within one business day of the date the building permit isissued.b) Short Term Rentals are excluded from Clear Cooperation as that is not a property type allowed in the MLS.If a mandatory listing type is submitted later than the above times, then the reason for delay must be submitted to the officeof the multiple listing service within three business days of the listing contract date, using the Sellers Authorization toWithhold.NOTE 1: The multiple listing service shall not require a participant to submit listings on a form other than the formthe participant individually chooses to utilize, provided the listing is of a type accepted by the multiple listing service,although a property data form may be required as approved by the multiple listing service. However, the multiplelisting service, through its legal counsel:a) May reserve the right to refuse to accept a listing that fails to adequately protect the interest of the public and theparticipants.b) May assure that no listing form filed with the service establishes, directly or indirectly, any contractual relationshipbetween the service and the client (buyer or seller).c) The multiple listing service shall accept exclusive right to sell listing contracts and exclusive agency listing contractsand may accept other forms of agreement which make it possible for the listing broker to offer compensation to theother participants of the multiple listing service acting as subagents, buyer agents, or both. (Amended 11/96)d) The listing agreement must include the seller’s written authorization to submit the agreement to the multiple listingservice. (Amended 11/96)e) The different types of listing agreements include:1) Exclusive Right to Sell2) Exclusive Agency3) Open4) NetPage 2 of 32As certified to NAR on 03-01-22

f)The Service may not accept net listings because they are deemed unethical and, in most states, illegal. Openlistings are not accepted except where required by law because the inherent nature of an open listing is such as tousually not include the authority to cooperate and compensate other brokers and inherently provide a disincentivefor cooperation. (Amended 4/92)The exclusive right-to-sell listing is the conventional form of listing submitted to the multiple listing service inthat the seller authorizes the listing broker to cooperate with and to compensate other brokers. (Amended 4/92)The exclusive agency listing also authorizes the listing broker, as exclusive agent, to offer cooperation andcompensation on blanket unilateral bases, but also reserves to the seller the general right to sell the property on anunlimited or restrictive basis. Exclusive agency listings and exclusive right to sell listings with named prospectsexempted should be clearly distinguished by a simple designation such as a code or symbol from exclusive right-tosell listings with no named prospects exempted, since they can present special risks of procuring cause controversiesand administrative problems not posed by exclusive right-to-sell listings with no named prospects exempted. Careshould be exercised to ensure that different codes or symbols are used to denote exclusive agency and exclusiveright-to-sell listings with prospect reservations. (Amended 4/92)A multiple listing service does not regulate thetype of listings its members may take. This does not mean that a multiple listing service must accept every type oflisting. 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. However, if it chooses to limit thekinds of listing it will accept, it shall leave its members free to accept such listings to be handled outside the multiplelisting service.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 ofcurrent listings. (Amended 11/92)The multiple listing service is not obligated to publish information, which may generate legal liability. The listingagent may wish to explain that the rules of the multiple listing service provide for such discretion. Where necessary,the listing agent may provide relevant portions of the rules and regulations.SECTION 1.01CLEAR COOPERATIONWithin one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS forcooperation 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. (Adopted 11/19)Note: Exclusive listing information for required property types must be filed and distributed to other MLS Participants forcooperation under the Clear Cooperation Policy. This applies to listings filed under Section 1 and listings exempt fromdistribution under Section 1.3 of the NAR model MLS Rules and any other situation where the listing broker is publiclymarketing an exclusive listing that is required to be filed with the service and is not currently available to other MLSparticipants.SECTION 1.1TYPES OF PROPERTIESThe following are some of the types of properties that may be published through the service, including types described inthe preceding paragraph that are required to be filed with the service and other types that may be filed with the service atthe participant’s option provided, however, that any listing submitted is entered into within the scope of the participant’slicensure as a real estate broker. (Amended 11/91)a)b)c)d)e)f)g)ResidentialMulti-familyVacant land, lots and acreageCommercial/IndustrialFarms and ranchesCommercial LeaseResidential Rental (excluding Short-Term Rentals)Page 3 of 32As certified to NAR on 03-01-22

Mobile Homes will only be accepted by the service if the land is also for sale.Property management and/or rental agreements are exempt from the three-business day listing input requirement.SECTION 1.1.1LISTINGS SUBJECT TO RULES AND REGULATIONS OF THE SERVICEAny listing taken on a contract to be filed with the multiple listing service is subject to the rules and regulations of the serviceupon signature of the seller(s).SECTION 1.2DETAILS ON LISTINGS FILED WITH THE SERVICEA listing agreement or property data form, when filed with the multiple listing service by the listing broker, shall be completein every detail which is ascertainable as specified on the property data form.Section 1.2.0ACCURACY OF LISTING DATAParticipants and subscribers are required to submit accurate listing data and required to correct anyknown errors. MSECTION 1.2.1LIMITED SERVICE LISTINGSListing 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 givescooperating 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 cooperatingbrokers authority to present offers to purchase directly to the seller(s)c) advise the seller(s) as to the merits of offers to purchased) assist the seller(s) in developing, communicating, or presenting counter-offerse) participate on the seller’s(s’) behalf in negotiations leading to the sale of the listed property will be identified withan appropriate code or symbol (e.g., LR or LS) in MLS compilations so potential cooperating brokers will be awareof the extent of the services the listing broker will provide to the seller(s), and any potential for cooperating brokersbeing asked to provide some or all of these services to listing brokers’ clients, prior to initiating efforts to show orsell the property.SECTION 1.2.2MLS ENTRY ONLY LISTINGSListing 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 givescooperating 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 givescooperating brokers authority to present offers to purchase directly to the seller(s)c) advise the seller(s) as to the merits of offers to purchased) assist the seller(s) in developing, communicating, or presenting counter-offerse) participate on the seller’s(s’) behalf in negotiations leading to the sale of the listed propertyf) will be identified with an appropriate code or symbol (e.g., EO) in MLS compilations so potential cooperatingbrokers will be aware of the extent of the services the listing broker will provide to the seller(s), and any potentialfor cooperating brokers being asked to provide some or all of these services to listing brokers’ clients, prior toinitiating efforts to show or sell the property.SECTION 1.3EXEMPT LISTINGIf the seller refuses to permit the listing to be disseminated by the service, the participant may then take the listing (officeexclusive) and such listing shall be filed with the service within three (3) business days (if requested) but not disseminatedto the participants. Filing of the listing should be accompanied by certification signed by the seller that he does not desirethe listing to be disseminated by the service.MLS Participants must distribute exempt listings within (1) one business day once the listing is publicly marketed. SeeSection 1.01 Clear Cooperation. MAfter the deed has transferred for the property, the sale must be reported to the multiple listing service by the listing brokerwithin seven (7) business days.Page 4 of 32As certified to NAR on 03-01-22

SECTION 1.3.1COMING SOON LISTINGSComing Soon means that a ratified listing agreement is in place, but the property is not ready to be shown. Property must be submittedwithin one business day of publicly marketing the property.a. Listings under Coming Soon Status may not be shown by anyone including the listing firmb. Listings under Coming Soon Status must have a list price and an offer of cooperative compensationc. This status is not included in IDX or Data feedsd. Days on Market (DOM) do not accrue while a listing is under the Coming Soon Status.e. On Market Date must be entered. This date cannot exceed 14 days from the listing ratification date (date seller signed listingagreement). The listing will automatically move to active status on Active Date (On Market Date).f. Once a Coming Soon Status listing moves to Active status it cannot revert to Coming Soon.g. Any listing that has been listed under Coming Soon status may not be relisted with the same listing broker (unless there is achange of ownership) within thirty (30) days after the expiration/withdrawn date.h. Seller Authorization to Withhold/Office Exclusive/Coming Soon form must be submitted when the listing is entered inMatrix.SECTION 1.4CHANGE OF STATUS OF LISTINGAny change in listed price or other change in the original listing agreement shall be made only when authorized in writingby the seller and shall be filed with the multiple listing service within three (3) business days (if requested) or entered intothe computer within three (3) business days after the authorized change is received by the listing broker.SECTION 1.5WITHDRAWAL OF LISTING PRIOR TO EXPIRATIONListings of property may be withdrawn from the multiple listing service by the listing broker before the expiration date ofthe listing agreement, provided notice is filed with the service, upon request, including a copy of the agreement between theseller and the listing broker which authorizes the withdrawal.Sellers do not have the unilateral right to require an MLS to withdraw a listing without the listing broker’s concurrence.However, when a seller(s) can document that his or her exclusive relationship with the listing broker has been terminated,the multiple listing service may remove the listing at the request of the seller.(Adopted 11/96) MAny listing that is withdrawn prior to the expiration date, as authorized by the seller, but is then re-listed by the seller withthe same listing broker within thirty days (30) days of the withdrawal, may not be entered in the multiple listing service asa new listing. The listing broker must edit the original listing to show it as current, or back on the market.SECTION 1.6CONTINGENCIES APPLICABLE TO LISTINGSAny contingency or conditions of any term in a listing shall be specified and noticed to the participants.When a listing goes under contract, MLS status must be changed from “Current” to “Pending” within three (3) business daysof the change unless the contract has a “contingent with escape” clause, contingent on an event other than financing orinspection. When there is a binding with escape clause contingent on an event other than financing or inspection, statusshall remain “current” and the contingency field in the MLS must be completed within three (3) business days.When a listing goes under a “lease purchase” contract, the MLS status should be changed from “current” to “pending.”When a listing goes under a “lease option” contract, if the seller wants to continue to show the property, MLS statusshould remain “current” and the contingency field in the MLS should be changed to “first right of refusal.”SECTION 1.7LISTING PRICE SPECIFIEDThe full gross listing price stated in the listing contract will be included in the information published in the MLS compilationof current listings unless the property is subject to auction. (Amended 11/92)SECTION 1.8LISTING MULTIPLE UNIT PROPERTIESAll properties which are to be sold or which may be sold separately must be indicated individually in the listing and on theproperty data form. When part of a listed property has been sold, proper notification should be given to the multiple listingservice.Page 5 of 32As certified to NAR on 03-01-22

SECTION 1.9NO CONTROL OF COMMISSION RATES OR FEES CHARGED BY PARTICIPANTSThe multiple listing service shall not fix, control, recommend, suggest, or maintain commission rates or fees for services tobe rendered by participants. Further, the multiple listing service shall not fix, control, recommend, suggest, or maintain thedivision of commissions or fees between cooperating participants or between participants and nonparticipants. MSECTION 1.10EXPIRATION, EXTENSION, AND RENEWAL OF LISTINGSListings filed with the multiple listing service will automatically be removed from the compilation of current listings on theexpiration date specified in the agreement unless prior to that date the MLS receives notice that the listing has been extendedor renewed. (Amended 11/01)Any listing that expires, but is then extended or renewed by the seller, with the same listing broker within thirty days (30)days after the expiration, may not be entered in the multiple listing service as a new listing. Listings that are extended orrenewed after thirty (30) days must be entered in the MLS database in the same manner as new listings. Extensions andrenewals of listings must be signed by the seller(s) and filed with the service within three (3) business days, if requested.(Amended 11/01)SECTION 1.11TERMINATION DATE ON LISTINGListings filed with the service shall bear a definite and final termination date as negotiated between the listing broker andseller. MSECTION 1.12SERVICE AREAOnly listings of the designated types of property located within the service area of the MLS are required to be submitted tothe service. Listings of property located outside the MLS’s service area will be accepted if submitted voluntarily by aparticipant but cannot be required by the service. (Amended 11/17)SECTION 1.13LISTINGS OF SUSPENDED PARTICIPANTSWhen a participant of the service is suspended from the MLS for failing to abide by a membership duty (i.e., violation of theCode of Ethics, association bylaws, MLS rules and regulations, or other membership obligations except failure to payappropriate dues, fees, or charges), all listings currently filed with the MLS by the suspended participant shall, at theparticipant’s option, be retained in the service until sold, withdrawn or expired, and shall not be renewed or extended bythe MLS beyond the termination date of the listing agreement in effect when the suspension became effective. If a participanthas been suspended from the association (except where MLS participation without association membership is permitted bylaw) or MLS (or both) for failure to pay appropriate dues, fees, or charges, an association MLS is not obligated to provideMLS services, including continued inclusion of the suspended participant’s listings in the MLS compilation of current listinginformation. Prior to any removal of a suspended participant’s listings from the MLS, the suspended participant should beadvised, in writing, of the intended removal so that the suspended participant may advise his clients. MSECTION 1.14LISTINGS OF EXPELLED PARTICIPANTSWhen a participant of the service is expelled from the MLS for failing to abide by a membership duty (i.e., violation of theCode of Ethics, association bylaws, MLS rules and regulations, or other membership obligations except failure to payappropriate dues, fees, or charges), all listings currently filed with the MLS by the expelled participant shall, at theparticipant’s option, be retained in the service until sold, withdrawn, or expired, and shall not be renewed or extended bythe MLS beyond the termination date of the listing agreement in effect when the expulsion became effective. If a participanthas been expelled from the association (except where MLS participation without association membership is permitted bylaw) or MLS (or both) for failure to pay appropriate dues, fees, or charges, an association MLS is not obligated to provideMLS services, including continued inclusion of the expelled participant’s listings in the MLS compilation of current listinginformation. Prior to any removal of an expelled participant’s listings from the MLS, the expelled participant should beadvised, in writing, of the intended removal so that the expelled participant may advise his clients. MSECTION 1.15LISTINGS OF RESIGNED PARTICIPANTSWhen a participant of the service resigns from the MLS, the MLS is not obligated to provide services, including continuedinclusion of the resigned participant’s listings in the MLS compilation of current listing information. Prior to any removalof a resigned participant’s listings from the MLS, the resigned participant should be advised, in writing, of the intendedremoval so that the resigned participant may advise his clients.SECTION 1.15.1LISTINGS OF PARTICIPANTS – TRANSFERRING LISTINGSPrior to updating the participant’s licensing information within the service by staff, the participants involved shall withdrawall of the listings from the service and re-list them with the new participant.Page 6 of 32As certified to NAR on 03-01-22

When listings are transferring from one participant to a new participant, the service, for a fee to be determined by theNABOR Board of Directors, may transfer the listings between the participants once a request on company letterhead signedby both participants noting the change of participant is submitted to the service. The fee is the responsibility of the newparticipant.When a licensee leaves a brokerage, the Participant must reassign their listings within seven business days.SECTION 1.16CO-LISTING BETWEEN PARTICIPANTSUnder no circumstances is the same property to be entered into the service by two different participants at the same time.If two participants enter into a co-listing agreement, only one participant may enter the property into the multiple listingcompilation.SECTION 1.17DISCLOSURE OF INAPPROPRIATE INFORMATIONNo photo, public information or hyperlink entered into the database of the service shall include a reference to the name ofa company or agent, an e-mail address, a company or agent telephone number, a logo or any other detail that would identifythe listing company or agent on a website utilizing IDX or public printouts.Additionally, information regarding selling bonuses, variable commission rates, co-listings, or other information notpertaining to the property itself shall be disclosed to subscribers of the system through the MLS remarks section provided.SECTION 1.18GENERAL LISTING RULESa) All data entered into the MLS shall be true and accurate.b) All listings shall have a minimum of one (1) image relevant to the property attached to each listing, except listingswhere sellers expressly direct that photographs of their property not appear in the MLS. When a listing contains anexclusion of property it must be so noted on the listing.c) If the listed property is an estate sale, the participant may so note on the listing by indicating that court approval isrequired.d) Properties entered more than once must cross-reference the other multi-list numbers in the MLS remarks. Whenthe property closes, the type of sale must match the multi-list entry. The remaining listing(s) must be withdrawn.e) It is prohibited to use photos, videos and any copyrightable material from previous listings without the expresswritten consent of the prior MLS Participant and the photographer.f) Photographs depicting nudity, sexual content, and/or illegal activity are prohibited.SECTION 1.19PROPERTY ADDRESSESAt the time of filing a listing, participants and subscribers must include a property address available to other participantsand subscribers, and if an address doesn’t exist a parcel identification number can be used. Where an address or parcelidentification number are unavailable, the information filed with the MLS must include a legal description of the propertysufficient to describe its location. MSELLING PROCEDURESSECTION 2SHOWINGS AND NEGOTIATIONSAppointments for showing and negotiations with the seller for the purchase of listed property filed with the multiple listingservice 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, orb) After reasonable effort, the cooperating broker cannot contact the listing broker or his representative. However,the listing broker, at his option, may preclude such direct negotiations by cooperating brokers. (Amended 4/92)MIt is prohibited to provide access to listed property on terms other than those established by the owner or listing brokerand published in the MLS. Showing agent is responsible for properly securing property after showing.SECTION 2.1PRESENTATION OF OFFERSThe listing broker must make arrangements to present the offer as soon as possible or give the cooperating broker asatisfactory reason for not doing so. The cooperating broker has the right to receive a copy of the seller’s or lessor’s writteninstruction from seller, if the offer is not to be presented in a timely manner. (Amended 4/92)MPage 7 of 32As certified to NAR on 03-01-22

SECTION 2.2SUBMISSION OF WRITTEN OFFERS AND COUNTER-OFFERSThe 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 contingentupon the termination of an existing contract, the listing broker shall recommend that the seller obtain the advice of legalcounsel 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 acceptanceand shall recommend that buyers and tenants obtain legal advice where there is a question about whether a pre-existingcontract has been terminated. (Amended 11/05)MSECTION 2.3RIGHT OF COOPERATING BROKER IN PRESENTATION OF OFFERThe cooperating broker (subagent or buyer agent) or his representative has the right to participate in the presentation tothe seller or lessor of any offer he secures to purchase or lease. He does not have the right to be present at any discussionor evaluation of that offer by the seller or lessor and the listing broker. However, if the seller or lessor gives writteninstructions to the listing broker that the cooperating broker not be present when an offer the cooperating broker securedis presented, the cooperating broker has the right to a copy of the seller’s or lessor’s written instructions. None of theforegoing diminishes the listing broker’s right to control the establishment of appointments for such presentation.(Amended 4/92)Where the cooperating broker is not present during the presentation of the offer, the cooperating broker can request inwriting, and the listing broker must provide, as soon as practical, written affirmation stating that the offer has beensubmitted to the seller, or written notification that the seller has waived the obligation to have the offer presented. (Adopted11/2019) MSECTION 2.4RIGHT OF LISTING BROKER IN PRESENTATION OF COUNTER-OFFERThe listing broker or his representative has the right to participate in the presentation of any counter-offer made by theseller or lessor. He does not have the right to be present at any discussion or evaluation of a counter-offer by the purchaseror lessee (except when the cooperating broker is a subagent). However, if the purchaser or lessee gives written instructionsto the cooperating broker that the listing broker not be present when a counter-offer is presented, the listing broker has theright to a copy of the purchaser’s or lessee’s written instructions. (Adopted 11/93)MSECTION 2.5REPORTING SALES TO THE SERVICEFinal closing of sales and sale prices shall be reported to the multiple listing service by the listing broker within seven (7)business days after they have occurred, including exempted listings and non-listed solds, except as outlined in Section 1.12,2.6 and 2.8. If negotiations were carried on under Section 2(a) or 2(b) hereof, the cooperating broker shall report acceptedoffers and prices to the listing broker within seven (7) business days after occurrence and the listing broker shall report themto the service within seven (7) business days after receiving notice from the cooperating broker. (Amended 11/11)Note 1: The listing agreement of a property filed with the MLS by the listing broker should include a provisionexpressly granting the listing broker authority to advertise; to file the listing with the MLS; to provide timely noticeof status changes of the listing to the MLS; and to provide sales information including selling price to the MLS uponsale of the property. If deemed desirable by the MLS to publish sales information prior to final closing (settlement)of a sales transaction, the listing agreement should also include a provision expressly granting the listing broker theright to authorize dissemination of this information by the MLS to its participants. (Amended 11/01)Note 2: In disclosure states, if the sale price of a listed property is recorded, then reporting of the sale price may berequired by the MLS.In states where the actual sale prices of completed transactions are not publicly accessible, failure to report sale prices canresult in disciplinary action only if the MLS:a) categorizes sale price information as confidential andb) limits use of sale price information to participants and subscribers in providing real estate services, includingappraisals and other valuations, to customers and clients; and to governmental bodies and third-party entities onlyas provided below.The MLS may provide sale price information to governmental bodies only to be used for

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. (Amended 11/92)

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