LISTING PROCEDURES
Section 1
LISTING PROCEDURES : Listing of real or personal property of the
following types, which are listed subject to a real estate broker’s license,
and are located within the territorial jurisdiction of the Kerrville Board of
REALTORS®, MLS (Throughout this document MLS refers to the Kerrville Board of
REALTORS®’ MLS, and are taken by Participants on Listing Agreements provided by
the Multiple Listing Service or any form which meets the requirements in Notes
1 and 2 below shall be delivered to the Multiple Listing Service within
seventy-two (72) hours after all necessary signatures of seller(s) have been
obtained:
(a) Single-family homes 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.
A fine of $10.00 a day will be levied for all listings found in violation of
this time limit.
(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 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:
1. Reserve the right to refuse to accept a listing
form which fails to adequately protect the interest of the public and the
Participants.
2. Assure that no listing form filed with the
Multiple Listing Service establishes, directly or indirectly, any contractual
relationship between the Multiple Listing Service and the client (buyer or
seller).
The Multiple Listing Service shall accept exclusive right to sell listing
contracts and exclusive agency listing contracts, and may accept other forms of
agreement which make it possible for the listing broker to offer cooperation
and 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.
3. The different types of listing agreement
include:
(a) Exclusive right to sell
(b) Exclusive agency
(c) Open
(d) Net
The Service may not accept net listings because they
are deemed unethical and, in most states, illegal. Open listings are not
accepted except where required by law because the inherent nature of an open
listing is such as to usually not include the authority to cooperate and
compensate other 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 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 exempted should be clearly distinguished
by a simple designation such as a code or symbol from exclusive right to sell
listings with no named prospects exempted, since they can present special risks
of procuring cause controversies and administrative problems not posed by
exclusive right to sell listings with no named prospects exempted. 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.
TYPES OF PROPERTIES: The following are some of the types of properties that
may be handled through the Service, including types described in the preceding
paragraph that are required to be filed with the Service and other types that
may be filed with the Service at the Participant’s option, provided, however,
that any listing submitted is entered into within the scope of the
Participant’s licensure as a real estate broker.
1.
Residential
6. Motel-Hotel
2. Residential
Income
7. Mobile Homes
3. Subdivided Vacant
>Lot
8. Mobile Home Parks
4. Land and
Ranch
9. Commercial Income
5. Business
Opportunity
10. Industrial
Section 1.1 LISTINGS SUBJECT TO RULES AND REGULATIONS OF THE SERVICE:
Any listing taken on a contract to be filed with the Multiple Listing Service
is subject to the Rules and Regulations of the Service upon signature of the
seller(s).
Section 1.2 SUBMISSION OF PHOTOGRAPHS: MLS Participants shall be
responsible for submitting all photos of listings to the MLS. With the
submission of all photos, MLS Participant is authorizing the MLS to publish the
photograph(s) anywhere the MLS data is intended to appear. Submission of photos
to the MLS in no way transfers the ownership of the photo(s). The Participant
also indemnifies the MLS in the event of any litigation relating to the
reproduction of the photograph(s) by the MLS or other authorized entities.
(8/01)
All listings are required to have one photo entered in the computer within five
(5) days after data has been entered. All residential properties must have (1)
main photo of the primary structure or the floor plans of the primary
structure. For failure to enter a photo on a residential listing within the
time specified, a $25.00 fine will be accessed after a one (1) week notice to
the Broker. A $25.00 fine will be accessed each month until a photo is
provided.
Section 1.3 DETAIL ON LISTINGS FILED WITH THE SERVICE: A
Listing Agreement or Property Data Form, when filed with the Multiple Listing
Service by the listing broker, shall be complete in every detail which is
ascertainable as specified on the Property Data Form.
Section 1.4 EXEMPTED LISTINGS: If the seller refuses to permit the
listing to be disseminated by the Service, the REALTOR may then take the
listing (“office exclusive”) and such listing shall be filed with the Service,
but not disseminated to the Participants. Filing of the listing should be
accompanied by certification signed by the seller that he does not desire the
listing to be disseminated by the Service.
Section 1.5 CHANGE OF STATUS OF LISTING: Any change in listed
price or other change in the original listing agreement shall be made only when
authorized in writing by the seller and shall be filed with the Service within
twenty-four (24) hours (excepting weekends, holidays and postal holidays) after
the authorized change is received by the listing broker.
Section 1.6 WITHDRAWAL OF LISTINGS 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.
A $500.00 fine will be imposed for terminating a listing prior to expiration to
avoid reporting the Sold price. (Adopted 4/03)
Sellers do not have the unilateral right to require an MLS to withdraw a listing
without the listing broker’s concurrence. However, when a seller(s) can
document that his exclusive relationship with the listing broker has been
terminated, the Multiple Listing Service may remove the listing at the request
of the seller.
Section 1.7 CONTINGENCIES APPLICABLE TO LISTINGS: Any contingency
or conditions of any term in a listing shall be specified and noticed to the
Participants.
Section 1.8 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 1.9 LISTING MULTIPLE UNIT PROPERTIES: All properties which
are to be sold or which may be sold separately must be indicated individually
in the listing and on the Property Data Form. When part of a listed property
has been sold, proper notification should be given to the Multiple Listing
Service.
Section 1.10 NO CONTROL OF COMMISSION RATES OR FEES CHARGED BY
PARTICIPANTS: The Multiple Listing Service shall not fix, control,
recommend, suggest, or maintain commission rates or fees for services to be
rendered by Participants. Further, the Multiple Listing Service shall not fix,
control, recommend, suggest, or maintain the division of commissions or fees
between cooperating Participants or between Participants non-participants.
Section 1.11 EXPIRED 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 files with the service.
Section 1.12 TERMINATION DATE ON LISTINGS: Listings filed with the
Service shall bear a definite and final termination date as negotiated between
the listing broker and the seller.
Section 1.13 JURISDICTION: Only listings of the designated types
of property located within the jurisdiction of the Kerrville Board of
REALTORS’® MLS are required to be submitted to the Service. Listings of
property located outside the MLS’s jurisdiction will be accepted if submitted
voluntarily by a Participant, but cannot be required by the Service.
Section 1.14 LISTINGS OF SUSPENDED PARTICIPANTS: When a
Participant of the Service is suspended from the MLS for failing to abide by
the membership duty (i.e., violation of the Code of Ethics, Board Bylaws, MLS
Bylaws, MLS Rules and Regulations, or other membership obligations except
failure to pay appropriate dues, fees, or charges), all listings currently
filed with the MLS by the suspended Participant shall, at the Participant’s
option, be retained in the Service until sold, withdrawn, or expired, and shall
not be renewed or extended by the MLS beyond the termination date of the
listing agreement in effect when the suspension became effective. If a
Participant has been suspended from the Board, (except where MLS participation
without Board Membership is permitted by law) or MLS (or both) for failure to
pay appropriate dues, fees or charges, a Board MLS is not obligated to provide
MLS services, including continued inclusion of the suspended Participant’s
listings in the MLS compilation of the 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 1.15 LISTINGS OF EXPELLED PARTICIPANTS: When a Participant
of the Service is expelled from the MLS for failing to abide by the membership
duty (i.e., violation of the Code of Ethics, Board Bylaws, MLS Bylaws, MLS
Rules and Regulations, or other membership obligations except failure to pay
appropriate dues, fees or charges), all listings currently filed with the MLS
shall, at the expelled Participant’s option, be retained in the Service until
sold, withdrawn, or expired, and shall not be renewed or extended by the MLS
beyond the termination date of the listing agreement in effect when the
expulsion became effective. If a Participant has been expelled from the Board
(except where MLS participation without Board Membership is permitted by law)
or MLS (or both) for failure to pay appropriate dues, fees or charges, a Board
MLS is not obligated to provide MLS services, including continued inclusion of
the expelled Participant’s listings in the MLS compilation of current listing
information. Prior to any removal of an expelled Participant’s listing 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 1.16 LISTINGS OF RESIGNED PARTICIPANTS: When a Participant
resigns from the MLS, the MLS is not obligated to provide services, including
continued inclusion of the resigned Participant’s listings in the MLS
compilation of current listing information. Prior to any removal of a resigned
Participant’s listings from the MLS, the resigned Participant should be advised
in writing of the intended removal so that the resigned Participant may advise
his clients.
SELLING PROCEDURES
Section 2. SHOWINGS: Appointments for showings with the seller for
the purchase or lease of the listed property filed with the Multiple Listing
Service shall be conducted through the listing Participant, except under the
following circumstances:
a. the listing broker gives the cooperating broker specific authority to show
and/or negotiate directly, or
b. after reasonable effort, the cooperating broker cannot contact the listing
broker or his representative; however, the listing broker, at his option, may
preclude such direct negotiations by cooperating brokers.
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 SUBSEQUENT WRITTEN OFFERS & COUNTER OFFERS:
The listing Participant 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. (This paragraph tracks the
Code of Ethics.)
Participants representing buyers or tenants shall submit to the buyer or tenant
all offers and counter-offers until acceptance, and shall recommend that the
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 (subagent or buyer agent) or his representative has the
right to participate in the presentation to the seller or lessor of any offer
he secures to purchase or lease. He does not have the right to be present at
any discussion or evaluation of 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 or lessor’s written instructions. None of the foregoing diminishes
the listing broker’s right to control the establishment of appointments for
such presentations.
Section 2.4 RIGHT OF LISTING BROKER IN PRESENTATION OF COUNTER-OFFERS:
The listing broker or his representative has the right to participate in the
presentation of any counter-offer made by the seller or lessor. He does not
have the right to be present at any discussion or evaluation of a counter-offer
by the purchaser or lessee (except where the cooperating broker is a subagent).
However, if the purchaser or lessee gives written instructions to the
cooperating broker that the listing broker 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. (Adopted 11/93)
Section 2.5 REPORTING SALES TO THE SERVICE: Sales Pending and Sales
Closed shall be reported to the Multiple Listing Service within 24 hours by the
listing broker unless the negotiations were carried on under Section 2(a) or
(b) hereof in which case the cooperating broker shall report, sending a copy to
the listing broker within 24 hours after acceptance.
If the Sold price is not reported, the Participant will be given thirty (30)
days to enter the Sold price. If data is not entered in that time frame, the
Participant will be fined $500.00. (Adopted 12/03)
NOTE: The listing agreement of a property filed with
the MLS by the listing broker should include a provision expressly granting the
listing broker authority to advertise; to file the listing with the MLS; to
provide timely notice of status changes of the listing to the MLS; and to
provide sales information including selling price to the MLS upon sale of the
property. If deemed desirable by the MLS to publish sales information prior to
final closing (settlement) of a sales transaction, the listing agreement should
also include a provision expressly granting the listing broker the right to
authorize dissemination of this information by the MLS to its Participants.
Section 2.6 REPORTING RESOLUTIONS OF CONTINGENCIES: The listing
broker shall report to the Multiple Listing Service within twenty-four (24)
hours that a contingency on file with the Multiple Listing Service has been
fulfilled or renewed, or the agreement cancelled.
Section 2.7 ADVERTISING OF LISTING FILED WITH THE SERVICE: A listing
shall not be advertised by any Participant, other than the listing broker,
without the prior consent of the listing broker.
Section 2.8 REPORTING CANCELLATION OF PENDING SALE: The listing
broker shall report immediately to the Multiple Listing Service the
cancellation of any pending sale and the listing shall be reinstated
immediately.
REFUSAL TO SELL
Section 3. REFUSAL TO SELL: If the seller of any listed property filed with the
Multiple Listing Service refuses to accept a written offer satisfying the terms
and conditions stated in the listing, such fact shall be transmitted
immediately to the Service and to all Participants.
PROHIBITIONS
Section 4. INFORMATION FOR PARTICIPANTS ONLY: Any listing filed
with the Service shall not be made available to any broker or firm not a Member
of the MLS without the prior consent of the listing broker.
Section 4.1 “FOR SALE” SIGNS: Only the “For Sale” signs of the
listing broker may be placed on a property.
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 SERVICE:
Participants shall not solicit a listing on property filed with the Service
unless such solicitation is consistent with Article 16 of the REALTORS Code of
Ethics, its Standards of Practice and its Case Interpretations.
(NOTE 1) 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.
DIVISION OF COMMISSIONS
Section 5. COMPENSATION SPECIFIED ON EACH LISTING: The listing
broker shall specify, on each listing filed with the Multiple Listing Service,
the compensation offered to other Multiple Listing Service Participants for
their services in the sale of such listing. Such offers are unconditional
except that entitlement to compensation is determined by the cooperating
broker’s performance as the procuring cause of 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. (Amended
11/98)
NOTE 1. In filing a property with the Multiple Listing Service
of a Board of REALTORS, the Participant of the Service is making blanket
unilateral offers of compensation to the other MLS Participants, and shall
therefore specify on each listing filed with the Service, the compensation
being offered to the other MLS Participants. Specifying the compensation on
each listing is necessary because the cooperating broker has the right to know
what his compensation shall be prior to his endeavor to sell.
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 nonagency capacities defined by law) which may be the same or
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 their producing 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 Board Multiple Listing Service shall not have a rule requiring the listing
broker to disclose the amount of total negotiated commission in his listing
contract, and the Board Multiple Listing Service shall not publish the total
negotiated commission on a listing which has been submitted to the MLS by a
Participant. The Board Multiple Listing Service shall not disclose in any way
the total commission negotiated between the seller and the listing broker.
*The compensation specified on listings filed with the Multiple Listing
Service shall appear in one of two forms. The essential and appropriate
requirement by a Board Multiple Listing Service is that the information to be
published shall clearly inform the Participants as to the compensation they
will receive in cooperative transactions unless advised otherwise by the
listing broker in writing in advance of their producing an offer to purchase.
The compensation specified on listings published by the MLS shall be shown in
one of the following forms:
1. By showing a percentage of the gross selling
price
2. By showing a definite dollar amount.
NOTE 2. The listing broker may, from time to time, adjust the
compensation offered to other Multiple Listing Service participants for their
services with respect to any listing by advance published notice to the Service
so that all Participants will be advised.
NOTE 3. The Multiple Listing Service shall make no rule on the
division of commissions between Participants and nonparticipants. This should
remain solely the responsibility of the Listing Broker.
NOTE 4. Multiple Listing Services, at their discretion, may
adopt rules and procedures enabling listing brokers to communicate to potential
cooperating brokers that gross commissions established in listing contracts are
subject to court approval or to lender 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 or by a lender. In such instances,
the fact that the gross commission is subject to court or to lender 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 produce an offer that ultimately results in a successful
transaction. (Adopted 11/98)
NOTE 5. Nothing in these MLS rules precludes a listing
participant and a cooperating participant, as a matter of mutual agreement,
from modifying the cooperative compensation to be paid in the event of a
successful transaction.
Section 5.1 PARTICIPANT AS PRINCIPAL: If a Participant or any
licensee or licensed or certified appraiser affiliated with a Participant has
any interest in 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 AGREEMENTS: 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 specified commission if the
property is sold/leased by the listing broker either with or without the
assistance of a cooperating broker and a different commission if the sale/lease
results through the efforts of a seller/landlord) shall be disclosed by the
listing broker by a key, code or symbol as required by the MLS. The listing
broker shall, in response to inquiries from potential cooperating brokers,
disclose the differential that would result in either a cooperative transaction
or, alternatively, in a sale/lease that results through the efforts of the
seller/landlord. If the cooperating broker is a buyer/tenant representative,
the buyer/tenant representative must disclose such information to their client
before the client makes an offer to purchase or lease.
SERVICE CHARGES
Section 6. SERVICE FEES AND CHARGES: The following service charges
for operation of the Multiple Listing Service are in effect to defray the cost
of the Service and are subject to change from time to time in the manner
prescribed:
(a) Initial Participation Fee: An applicant for participation
in the Service shall pay an application fee of $300.00 with such fee to
accompany the application.
NOTE: The Initial
Participation Fee shall approximate the cost of bringing the Service to the
Participant.
(b) Recurring Participation Fee: The annual participation fee
of each Participant shall be an amount equal to an amount set by the MLS
Committee times each salesperson and licensed or certified appraiser who has
access to and use of the Service, whether licensed as a broker or salesperson
and licensed or certified appraiser, who is employed by or affiliated as an
independent contractor with such Participant. Payment of such fees shall be
made on or before the first day of the fiscal year of the Multiple Listing
Service. Fee shall be prorated on a monthly basis.
(c) Subscription Fees: One complete set of current listings
shall be supplied to the Participant upon payment of the Application Fee and
the Participation Fee, and the Participant shall be responsible for a
Subscription Fee of an amount set by the MLS Committee for each additional set
of listings to be supplied to each individual, employed by or affiliated as an
independent contractor (including licensed or certified appraisers) with the
Participant, who has access to and who utilizes the Service.
COMPLIANCE WITH RULES
Section 7. COMPLIANCE WITH RULES: The following action may be
taken for noncompliance with the rules:
(a) 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 Service shall be suspended until service charges or fees are
paid in full.
(b) For failure to comply with any other rule, the provision of
Sections 9 and 9.1 shall apply.
NOTE: Generally, warning, censure, and the
imposition of a moderate fine is sufficient, to constitute a deterrent to
violation of the Rules and Regulations of the Multiple Listing Service.
Suspension or termination is an extreme sanction to be used in cases of extreme
or repeated violation of the Rules and Regulations of the Service. If the MLS
Committee desire to establish a series of moderate fines, they should be
clearly specified in the Rules and Regulations.
Section 7.1 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. MEETINGS OF MLS COMMITTEE: The Multiple Listing Service
Committee shall meet for the transaction of its business at a time and place to
be determined by the Committee or at the call of the Chairman.
Section 8.1 MEETINGS OF MLS PARTICIPANTS: The Committee may call
meetings of the Participants in the Service to be known as meetings of the
Multiple Listing Service.
Section 8.2 CONDUCT OF THE MEETINGS: The Chairman, or Vice
Chairman, shall preside at all meetings or, in their absence, a temporary
Chairman from the membership of the Committee shall be named by the Chairman
or, upon his failure to do so, by the Committee.
ENFORCEMENT OF RULES OR DISPUTES
Section 9. CONSIDERATION OF ALLEGED VIOLATIONS: The Committee
shall give consideration to all written complaints having to do with violations
of the Rules and Regulations.
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 unethical conduct or request for arbitration, it
may be administratively considered and determined by the Multiple Listing
Service Committee, and if a violation is determined, the Committee may direct
the imposition of sanction, provided the recipient of such sanction may request
a hearing before the Professional Standards Committee of the Board in
accordance with the Bylaws and Rules and Regulations of the Board of REALTORS
within twenty (20) days following receipt of the Committee’s decision.
Alleged violations involving unethical conduct shall be referred to the Board’s
grievance Committee for processing in accordance with the professional
standards procedures of the Board. If the charge alleges a refusal to
arbitrate, such charge shall be referred directly to the Board of Directors of
the Board of REALTORS. (Amended 2/98)
Section 9.2 COMPLAINTS OF UNETHICAL CONDUCT: All other complaints
of unethical conduct shall be referred by the Committee to the Secretary of the
Board of REALTORS for appropriate action in accordance with the professional
standards procedures established in the Board’s Bylaws.
CONFIDENTIALITY OF MLS INFORMATION
Section 10. CONFIDENTIALITY OF MLS INFORMATION: Any information
provided by the Multiple Listing Service to the Participants shall be
considered official information of the Service. Such information shall be
considered confidential and exclusively for the use of Participants and real
estate licensees affiliated with such Participants and those Participants who
are licensed or certified by an appropriate state regulatory agency to engage
in the appraisal of real property and licensed or certified appraisers
affiliated with such Participants.
Section 10.1 MLS NOT RESPONSIBLE FOR ACCURACY OF INFORMATION: The
information published and disseminated by the Service is communicated verbatim,
without change by the Service, as filed with the Service by the Participant.
The Service does not verify such information provided and disclaims any
responsibility for its accuracy. Each Participant agrees to hold the Service
harmless against any liability arising from any inaccuracy or inadequacy of the
information such Participant provides.
Section 10.2 ACCESS TO COMPARABLE AND STATISTICAL INFORMATION:
Board Members who are actively engaged in real estate brokerage, management,
mortgage financing, appraising, land development, or building, but who do not
participate in the MLS, are nonetheless entitled to receive, by purchase or
lease, all information other than current listing information that is generated
wholly or in part by the MLS including “comparable” information, “sold”
information, and statistical reports. This information is provided for the
exclusive use of Board Members and Individuals affiliated with Board Members
who are also engaged in the real estate business and may not be transmitted,
retransmitted or provided in any manner to any unauthorized individual, office
or firm except as otherwise provided in these Rules and Regulations.
Section 11. By the act of submission of any property listing date to the
Board MLS the Participant represents that he has been authorized to grant and
also thereby does grant authority for the Board to include the property listing
data in its copyrighted MLS Compilation* and also in any statistical report on
“Comparables.”
Section 11.1 All right, title, and interest in each copy of every
Multiple Listing Compilation created and copyrighted by the Kerrville Board of
REALTORS and in the copyrights therein, shall at all times remain vested in the
Kerrville Board of REALTORS.
Section 11.2 Each Participant shall be entitled to lease from the
Kerrville Board of REALTORS a number of copies of each MLS Compilation
sufficient to provide the Participant and each person affiliated as a licensee
including licensed or certified appraisers with such Participant with one copy
of such Compilation. The Participant shall pay, for each such copy, the rental
fee set by the Board.**
Participants shall acquire by such lease only the right to use the MLS
Compilations in accordance with these rules.
*The term MLS
Compilation, as used in 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 data base, card file, or any other format whatever.
**This
Section should not be construed to require the Participant to lease a copy of
the MLS Compilation for any licensee affiliated with the Participant who is
engaged exclusively in a specialty of the real estate business other than
listing and selling real property, and who does not, at any time, have access
to nor use of the MLS information or MLS facility of the Board.
USE OF COPYRIGHTED MLS COMPILATIONS
Section 12. DISTRIBUTION: Participants shall at all times maintain
control over and responsibility for each copy of any MLS Compilation leased to
them by the Board of REALTORS, and shall not distribute any such copies to
persons other than subscribers who are affiliated with such Participant as
licensees, those individuals who are licensed or certified by an appropriate
state regulatory agency to engage in the 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 a Board 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
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 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,
“comparables,” or statistical information from utilizing such information to
support an estimate of value on a particular property for a particular client.
However, only such information that a Board or Board-owned Multiple Listing
Service has deemed to be nonconfidential and necessary to support the estimate
of value may be reproduced and attached to the report as supporting
documentation. Any other use of such information is unauthorized and prohibited
by these Rules and Regulations.
*It is
intended that the Participant be permitted to provide prospective purchasers
with listing data relating to properties which the prospective purchaser has a
bona fide interest in purchasing or in which the Participant is seeking to
promote interest. The term “reasonable,” as used herein, should therefore be
construed to permit only limited reproduction of property listing data intended
to facilitate the prospective purchaser’s decision-making process in the
consideration of a purchase. Factors which shall be considered in deciding
whether the reproductions made are consistent with this intent, and thus
“reasonable” in number, shall include, but are not limited to, the total number
of listings in the MLS Compilation, how closely the types of properties
contained in such listings accord with the prospective purchaser’s expressed
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 date is consistent with a normal itinerary of properties which would be
shown to the prospective purchaser.
Section 13. LIMITATIONS ON USE OF MLS INFORMATION: Use of
information from the MLS Compilation of current listing information, from the
Board’s “Statistical Report,” or from any “sold” or “comparable” report of the
Board or MLS for public mass-media advertising by an MLS Participant or in
other public representations may not be prohibited.
However, any print or non-print forms of advertising or other forms of public
representations based in whole or in part on information supplied by the Board
or its MLS must clearly demonstrate the period of time over which such claims
are based and must include the following, or substantially similar, notice:
“Based on
information from the Kerrville MLS for the period (date) through (date).”
(Amended 11/93)
CHANGES IN RULES AND REGULATIONS
Section 14. CHANGES IN RULES AND REGULATIONS: Amendments to the
Rules and Regulations of the Service shall be by a majority vote of the Members
of the Multiple Listing Service Committee, subject to approval by the Board of
Directors of the Board of REALTORS.
WAIVERS
Section 15. WAIVERS: Participants requesting a Waiver for an
associate must state the reason on the Waiver form that the Waiver is being
requested. Waivers will be granted if the reason states that the ASSOCIATE DOES
NOT LIST OR SELL THE TYPE OF PROPERTIES WHICH ARE REQUIRED TO BE FILED WITH THE
MLS or is ENGAGED IN ANOTHER SPECIALTY OF THE REAL ESTATE BUSINESS and DOES NOT
USE THE MLS IN ANY WAY. The Waiver list will be published in the MLS book.
Penalty for those who abuse their Waiver status will be one year’s retroactive
dues plus having their Waiver suspended and being put on active status. The
Participant (Principal Broker) will be billed for any penalty. The Committee
will review waivers annually.
INTERNET DATA EXCHANGE (IDX) (Adopted 4/2006)
Section 16 IDX Defined: IDX affords MLS participants the option of
authorizing display of their active listings on other participants’ Internet
Web sites.
Section 16.1 Authorization: Participants’ consent for display of their
active 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 or frame the aggregated MLS data of other participants. Even where
participants have given blanket authority for other participants to display
their listings on IDX sites, such consent may be withdrawn on a
listing-by-listing basis as instructed by the seller.
Section 16.2 Participation: Participation in IDX is available to all MLS
participants who are REALTORS® and who consent to display of their
listings by other participants.
Section 16.2.1 Participants must notify the MLS of their intention to
establish an IDX site and must make their site directly accessible to the MLS
for purposes of monitoring/ensuring compliance with applicable rules and
policies.
Section 16.2.2 Participants must protect IDX information from
misappropriation by employing reasonable efforts to monitor and prevent
“scraping” or other unauthorized accessing, reproduction, or use of the MLS
database.
Section 16.2.3 Listings or property addresses of sellers who have
directed their listing brokers to withhold their listing or property address
from display on the Internet (including, but not limited to,
publicly-accessible Web sites or VOWs) shall not be accessible via IDX sites.
Notwithstanding this prohibition, listing brokers may display on their IDX or
their other Web site(s) the listing or property address of consenting sellers.
Section 16.2.4 Participants may exclude listings from display on their
IDX sites based only on objective criteria including, but not limited to,
factors such as geography, list price, type of property, or cooperative
compensation offered by listing brokers. Examples include property type
(“condos,” “single family detached,” “multi-family,” etc), price, or location
(“downtown”).
Section 16.2.5 Participants must refresh all MLS downloads and refresh
all MLS data at least once every seven (7) days.
Section 16.2.6 Except as provided in these rules, an IDX site or a
participant or user operating an IDX site may not distribute, provide, or make
any portion of the MLS database available to any person or entity.
Section 16.2.7 When displaying listing content, a participant’s or user’s
IDX site must clearly identify the name of the brokerage firm under which they
operate in a readily visible color and typeface.
Section 16.3 Display Display of listing information pursuant to IDX is
subject to the following rules:
Section 16.3.1 Listings displayed pursuant to IDX shall contain only
those fields of data designated by the MLS. Display of all other fields
(as determined by the MLS) is prohibited. Confidential fields intended only for
other MLS participants and users (e.g., cooperative compensation offers,
showing instructions, property security information, etc.) may not be displayed
on IDX sites.
Section 16.3.2 Participants shall not modify or manipulate information
relating to other participants’ listings. (This is not a limitation on site
design but refers to changes to actual listing data.) MLS date may be augmented
with additional data not otherwise prohibited from display so long as the
source of the additional data is clearly identified. This requirement does not
restrict the format of MLS data display or display of fewer than all of the
available listings or fewer authorized data fields.
Section 16.3.3 All listings displayed pursuant to IDX shall identify the
listing firm in a readily visible color and typeface not smaller than the
median used in the display of listing data.
Section 16.3.4 Non-principal brokers and sales licensees affiliated with
IDX participants may display information available through IDX on their own Web
sites subject to their participant’s consent and control and the requirements
of state law and/or regulation.
Section 16.3.5 Listing information downloaded and/or otherwise displayed
pursuant to IDX shall be limited to properties listed on an exclusive right to
sell basis.
Section 16.3.6 All listings displayed pursuant to IDX shall show the MLS
as the source of the information.
Section 16.3.7 Participants (and their affiliated licensees, if
applicable) shall indicate on their Web sites that IDX information is provided
exclusively for consumers’ personal, non-commercial use, that it may not be
used for any purpose other than to identify prospective properties consumers
may be interested in purchasing, and that data is deemed reliable but is not
guaranteed accurate by the MLS. The MLS may, at its discretion, require use of
other disclaimers as necessary to protect participants and/or the MLS from
liability.
Section 16.3.8 The data consumers can retrieve or download in response to
an inquiry shall be limited to 200 listings per search.
Section 16.3.9 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 16.3.10 Listings obtained through IDX must be displayed
separately from listings obtained from other sources, including information
provided by other MLSs. Listings obtained from other sources (e.g., from other
MLSs, from non-participating brokers, etc.) must display the source from which
each such listing was obtained.
Section 16.3.11 Display of expired, withdrawn, and pending listings is
prohibited.
Section 16.3.12 Display of seller’s(s’) and/or occupant’s(s‘) name(s),
phone number(s), and email address(es) is prohibited.
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