New/Modified MLS Rule Changes

New/Modified MLS Rule Changes

During the December meeting the Multiple MLS Group (MMG) approved the below changes to the MLS Rules & Regulations. These changes will take effect February 6th, 2018. 


MLS Rules & Regulations (Changes noted with strike-troughs and underlines)


12.16  Use of Listing Information on Internet [Also known as Internet Data Exchange (“IDX”)].  “Internet Data Exchange” (“IDX”) is a means by which listing brokers permit limited electronic display and delivery of their active, pending and sold listing data, in accordance with the IDX rules set forth herein, by other participating Broker Participants and R.E. Subscribers on websites and using applications for mobile devices that said participating Broker Participants and R.E. Subscribers control.  via the following authorized mediums under said Broker Participants and R.E. Subscribers control: websites, mobile apps and audio devices. As used throughout this policy, “display” includes “delivery” of such listings. 
 
 
(b) Consent. The listing brokers’ consent for such internet display is presumed, in satisfaction of Rule 12.8, unless a listing broker affirmatively notifies the MLS that the listing broker refuses to permit display on either on a blanket or on a listing-by listing basis.  Listing brokers that refuse to permit other Broker Participants or R.E. Subscribers to display their listing information on a blanket basis may not display MLS active listing information of other brokers’ listings.  Even where listing brokers have given blanket authority for other Broker Participants and R.E. Subscribers to partake in IDX display of their listings, such consent may be withdrawn on a listing-by-listing basis where the seller has prohibited all Internet display affirmatively directed that their listing or their property address not appear on the Internet or other electronic forms of display or distribution.
 
(c) Control. Broker Participants and R.E. Subscribers may only partake in IDX display on websites, and applications for mobile devices and audio devices which they control. Under IDX policy, “control” means that Broker Participants and R.E. Subscribers must have the ability to add, delete, modify and update information as required by the IDX policy. All displays of IDX listings must also be under the actual and apparent control of the Broker Participant and/or R.E. Subscriber, and must be presented to the public as being that Broker Participant’s and/or R.E. Subscriber’s display. Actual control requires that Broker Participants and R.E. Subscribers have developed the display, or caused the display to be developed for themselves pursuant to an agreement giving the Broker Participant and/or R.E. Subscriber authority to determine what listings will be displayed, and how those listings will be displayed. Apparent control requires that a reasonable consumer viewing receiving the Broker Participant’s and/or R.E. Subscriber’s display will understand the display is the Broker Participant’s and/or R.E. Subscriber’s, and that the display is controlled by the Broker Participant and/or R.E. Subscriber. 
 
(e) Listing Attribution.  All IDX listing displays shall identify the name of the listing firm and the name of the listing agent in a manner designed to easily identify such listing firm or agent.  Such identification shall be in a reasonably prominent location and provide clear, conspicuous written or verbal identification of the name of the listing firm and listing agent. in a readily visible color and typeface not smaller than the median used in the display of listing data.  Displays of minimum information (e.g. a one-line or thumbnail search result, text messages, “tweets”, etc of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. Audio delivery of listing content is exempt from this disclosure requirement only when all required disclosures are subsequently delivered electronically to the registered consumer performing the property search or linked to through the device's application.
 
(g) Source and Update. Information displayed shall indicate the MLS as the source of the information being displayed and the most recent date updated.  Displays of minimum information (e.g. a one-line or thumbnail search result, text messages, “tweets”, etc of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. Audio delivery of listing content is exempt from this disclosure requirement only when all required disclosures are subsequently delivered electronically to the registered consumer performing the property search or linked to through the device's application. Broker Participants and R.E. Subscribers shall update all downloads and refresh all MLS downloads and IDX displays automatically fed by those downloads at least once every 12 hours.
 
(h) Usage Limitations.  Broker Participants and R.E. Subscribers shall indicate on their displays that the information being provided is for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.  Displays of minimum information (e.g. a one-line or thumbnail search result, text messages, “tweets”, etc of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. Audio delivery of listing content is exempt from this disclosure requirement only when all required disclosures are
subsequently delivered electronically to the registered consumer performing the property search or linked to through the device's application.
 
(m)  Brokerage Identification. Any IDX display controlled by a Broker Participant or R.E. Subscriber must provide clearly conspicuous written or verbal identifyication of the name of the brokerage firm under which they operate in a readily visible color and typeface
 
(n) Co-Mingling. A Broker Participant or R.E. Subscriber may co-mingle listings through IDX from this MLS with listings from other MLS sources on its IDX display, provided all such displays are consistent with these IDX rules, and the MLS Participant (or MLS subscriber) holds participatory rights in those MLSs. Co-mingling is the ability for a visitor to the website to execute a single property search of multiple IDX feeds resulting in the display of IDX information from each of the MLSs on a single search results page; and that Participants may display listings from each IDX feed on a single webpage or display. Listings obtained from other MLSs must display the source from which each such listing was obtained. Displays of minimum information (e.g. a one-line or thumbnail search result, text messages, “tweets”, etc of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. Audio delivery of listing content is exempt from this disclosure requirement only when all required disclosures are subsequently delivered electronically to the registered consumer performing the property search or linked to through the device's application.
 
(s) Disclaimer. Broker Participants and R.E. Subscribers shall indicate on their displays, in a manner readily visible to consumers but not less than 7pt type, the following, or substantially similar, notice:  
 
Based on information from the ___________________ /Association of REALTORS® (alternatively, from the ____________________ MLS) as of _____ (date the AOR/MLS data was obtained).  All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information.
 
Displays of minimum information (e.g. a one-line or thumbnail search result, text messages, “tweets”, etc of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes the required disclosure. Audio delivery of listing content is exempt from this disclosure requirement only when all required disclosures are subsequently delivered electronically to the registered consumer performing the property search or linked to through the device's application.

13.1 Eligibility for Lockboxes. MLS Participants and Subscribers are eligible for
lockbox privileges if they otherwise qualify under this section. Clerical Users are not
eligible for lockbox privileges. MLS Participants and Subscribers shall be eligible to hold
a lockbox key (defined as a physical or electronic key, programmer or other device by
which a lockbox can be opened) provided:
a) The key holder signs a lease agreement with the MLS.
b) The Participant to which the key holder is licensed cosigns the lease agreement with
the MLS.
c) The key holder continues to comply with all MLS rules relating to lockbox keys.
d) The key holder and Participant to whom the key holder is licensed remain eligible for
MLS services.

13.2.2 Lockbox Requirements. If any lockbox or other device giving access to On
Market listed property for real estate professionals and/or service providers is authorized
by the seller and/or occupant and is placed on or present on property listed through the
Service, such lockbox or device must be one that is approved by the MLS where the
listing has been submitted. The authorized lockboxes sold by, leased by or otherwise
offered through the local Association or MLS where the listing is submitted have been
approved by the MLS. Unless expressly indicated otherwise by the MLS, for any other
lockbox or device to be considered “MLS-approved,” use of it must provide reasonable,
timely access to listed property such that (1) it allows all participants and subscribers
timely access to listed property by reliance solely on data submitted to and residing on
the MLS; (2) complete, accurate and stand-alone instructions are provided for accessing
the listed property in the appropriate agent section on the Service; and (3) it ensures that
the lockbox or device will provide reasonable access to listed property with any
information, code or key needed to access the contents of the lockbox or device to be
made available or access to the property otherwise scheduled within four [4] hours of
initial contact in the event the lockbox or device requires the participating member to
obtain additional information to enable access (ex: “call listing agent for entry code”) with
said 4 hour response obligation in effect every day from 8am to 6pm. The MLS reserves
the right to require that the device be submitted in advance for approval. The MLS also
may revoke the approval and/or subject the participant to discipline if the device is used
in a manner that fails to continue to satisfy this requirement. Failure to provide
reasonable and timely access as required by this section will subject the listing agent to
discipline and potential fines. More than one lockbox or access device may be used on a
property as long as one of them is MLS-approved where the listing is submitted.

13.3 Responsible Keyholder and Temporary Keys. If the MLS uses electronic lockbox
programmers or keypads, a Participant may purchase or lease additional programmers or
keypads (the “Responsible Keyholder”) to be issued on a temporary basis to other
keyholders in the Participant’s firm in the event their programmer or keypad becomes
non-functional outside normal business hours or under circumstances where a
replacement programmer or keypad is not reasonably available from the MLS.
Whenever the Responsible Keyholder issues a temporary key, the Responsible
Keyholder shall advise the MLS in writing within 2 days after said issuance that the
programmer or keypad has been issued, to whom, and the date and time of issuance.
The Responsible Keyholder shall also advise the MLS in writing within 2 business days
after possession of the previously issued programmer or keypad has been reassumed.

13.4 Accountability. Key holders must account for keys at the time of any inventory
conducted by the MLS or at any time requested by the A.O.R. Key holders who cease to
participate or subscribe to the MLS shall return all key(s) in their possession to the MLS.
Failure to return a key(s) will subject the key holder and/or the key holder’s Participant to
fines and penalties and to being responsible for all costs incurred by the MLS to secure
the lock box key system as a result of the failure to return the key(s). Further, key lease
agreements may contain a liquidated damages provision to offset some or all of the costs in reestablishing the security of the system if it is determined that the security has been compromised through the negligence or fault of the keyholder.

13.8 Reporting Missing or Unaccountable Keys. Key holders and Participants
cosigning with a key holder shall report lost, stolen or otherwise unaccountable keys to
the A.O.R. immediately upon discovery.

13.9 Deposits. All key holders shall be required to give the MLS deposits in accordance
with the deposit schedule adopted by the MLS Committee and approved by the Board of
Directors. Key holders shall forfeit the deposits if the key is lost, stolen or unaccounted
for. Key holders shall not be entitled to any interest on their deposits. The MLS is not
obligated to refund deposits to individuals who are not the registered lessee or owner of
the key.

13.910 Rules Violations. Failure to abide by rules relating to lockboxes as set forth in
this section or failure to abide by the key lease agreement may result in discipline as
provided in sections 14 and 15 of these rules, in addition to loss of or restriction on all
lockbox and key privileges.

13.1011 Right to Limit Access. The MLS reserves the right to refuse to issue, activate
or reactivate a key or terminate an existing key lease agreement or otherwise limit access
to lockboxes if, in its sole discretion, it determines the security of the system would be
compromised by issuing such keys or granting access to lockboxes.

13.1112 Removal. The lockbox must be removed within one (1) day after the close of
escrow or expiration/cancellation of the listing.

Citation Policy Changes:
Tier 2:
15. Violation of Temporary Code Procedure [Rule 13.2.3 (Issuing Temporary Codes)]
165. Failure to Timely Remove Lockbox after COE or Expiration/Cancellation of Listing
[Rule 13.1112 (Lockbox Removal)]

Tier 3:
14. Wrongful Use or Removal of Lockbox Contents [Rule 13.2.1 (Use of Lockbox
Contents)]
187. Failure to Report Lost or Stolen Lockbox Keys [Rule 13.8 (Reporting Missing or
Unaccountable Keys)]
18. Wrongful Use or Removal of Lockbox Contents [Rule 13.2.1 (Use of Lockbox
Contents)]

 
 
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