In the case of a real estate firm, partnership, or corporation, whose business activity is substantially all commercial, only those principals actively engaged in the real estate business in connection with the same office, or any other offices within the jurisdiction of the board in which one of the firm’s principals holds REALTOR membership, shall be required to hold REALTOR membership unless otherwise qualified for Institute Affiliate Membership as described in Section 1(b) of Article IV. (Amended 1/01)
NOTE: REALTOR
members may obtain membership in a "secondary" Board in another state.
EXCEPT: obligations related to Board mandated education,
meeting attendance, or indoctrination classes or other similar
requirements, the right to use the term REALTOR
in connection with their franchise organization's name; the
right to hold elective office in the Local Board, State
Association and National Association.
Institute Affiliate Members. Institute Affiliate Members
shall be individuals who hold a professional designation awarded
by an Institute Society, or Council affiliated with the NATIONAL
ASSOCIATION OF REALTORS
that addresses a specialty area other than residential brokerage
or individuals who otherwise hold a class of membership in such
Institute, society or Council that confers the right to hold
office. Any such individual, if otherwise eligible, may elect to
hold REALTOR
or REALTOR-ASSOCIATE
membership, subject to payment of applicable dues for such
membership.
Affiliate Members. Affiliate Members shall be real estate
owners and other individuals or firms who, while not engaged in
the real estate profession as defined in paragraphs (a), (b) or
(c) of this Section, have
interests directly related to the real estate profession, i.e.
Abstracting/
Closing/Title companies, Lenders, Surveyors, Real Estate
Attorneys, Septic System Testers, Water Testers and Home
Inspectors.
Public Service Members. Public Service Members shall be individuals who are interested in the real estate profession as employees of or affiliated with educational, public utility, governmental or other similar organizations, but are not engaged in the real estate profession on their own account or is association with a established real estate business.
Honorary Members. Honorary Members shall be individuals not engaged in the real estate profession who have performed notable service for the real estate profession, for the Association, or for the public.
Student Members. Student Members shall be individuals who are seeking an undergraduate or graduate degree with a specialization or major in real estate at institutions of higher learning, and who have completed at least two years of college and at least one college level course in real estate, but are not engaged in the real estate profession on their own account or nor associated with as established real estate office.
ARTICLE V - QUALIFICATION AND ELECTION
Section 1. Application.
(a) An application for membership shall be made in such manner and
form as may be prescribed by the Board of directors and made available
to anyone requesting it. The application form shall contain among the
statements to be signed by the applicant (1) that applicant agrees as a
condition to membership to thoroughly familiarize himself with the Code
of Ethics of the NATIONAL ASSOCIATION OF REALTORS,
the Constitutions, Bylaws, and Rules and Regulations of the local
Association, the State and National Associations, and if elected a
Member, will abide by the Constitutions and Bylaws and Rules and
Regulations of the local Association, State and National Association,
and if a REALTOR,
will abide by the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS
including the obligation to arbitrate controversies arising out of real
estate transactions as specified by Article 17 of the Code of Ethics,
and as further specified in the Code of Ethics and Arbitration Manual
of the NATIONAL ASSOCIATION OF REALTOR,
as from time to time amended and (2) that applicant consents that the
Association, through its Membership Committee or otherwise, may invite
and receive information and comment about applicant from any Member or
other person, and that applicant agrees that any information and comment
furnished to the Association by any person in response to the invitation
shall be conclusively deemed to be privileged and not form the basis of
any action for slander, libel or defamation of character. Applicant
shall, with the form of application, have access to a copy of the
Bylaws, Constitution, rules and Regulation, and Code of Ethics referred
to above.
Section 2. Qualification.
(*) NO RECENT OR PENDING BANKRUPTCY is intended to mean that the applicant or any real estate firm in which the applicant is sole proprietor, general partner, or corporate officer, or branch office manager is not involved in any pending bankruptcy or insolvency proceedings or, has not been adjudged
(**) NO RECORD OF OFFICIAL SANCTIONS INVOLVING UNPROFESSIONAL CONDUCT is intended to mean that the Board may only consider judgments within the past three (3) years of violations of (1) civil rights laws; (2) real estate license laws; (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities.
NOTE 2: Article IV, Section 2, of the NAR Bylaws prohibits Member Boards from knowingly granting REALTORÒ membership to any applicant who has an unfulfilled sanction pending which was imposed by another Board or Association of REALTORSÒ for violation of the Code of Ethics. (Adopted 1/01)
Section 3. Election.
The procedure for election to membership shall be as follows:
(a) Applicants for REALTOR
(and REALTOR-ASSOCIATE,
where applicable) membership shall be granted provisional membership
immediately upon submission of a completed application form and
remittance of applicable association dues and any application fee.
Provisional members shall be considered REALTORS
( or REALTOR-ASSOCIATES
) and shall be subject to all of the same privileges and obligations of
membership. Provisional membership is granted subject to subsequent
review of the application by the Board of Directors. If the Board of
Directors determined that the individual does not meet all of the
qualifications for membership as established in the association's
bylaws, or , if the individual does not satisfy all of the requirements
of membership (for example, completion of a mandatory orientation
program) within 15 months from the association's receipt of their
application, membership may, at the discretion of the Board of
Directors, be terminated.
(b) Dues shall be computed from the date of application and shall be non-refundable unless the association's Board of Directors terminated the individual's membership in accordance with subsection (a) above. In such instances, dues shall be returned to the individual less a prorated amount to cover the number of days that the individual received association services and any application fee.
(c) The Board of Directors may not terminate any provisional membership without providing a provisional member with advance notice and an opportunity to appear before the Board of Directors, to call witnesses on his behalf, to be represented by counsel, and to make such statements as he deems relevant. The Board of Directors may also have counsel present. The Board of Directors shall require that written minutes be made of any hearing before it or may electronically or mechanically record the proceedings.
(d) If the Board of Directors determines that provisional membership shall be terminated, it shall record its reasons with the Chief Staff Executive. If the Board of Directors believes that termination of provisional membership may become the basis of litigation and a claim of damage by a provisional member, it may specify that termination shall become effective upon entry in a suit by the Board for a declaratory judgment by a court of competent jurisdiction of a final judgment declaring that the termination violates no rights of the individual.
Section 4. Status Changes.
(a) A REALTOR
who changes the conditions under which he holds membership shall be
required to provide written notification to the Board within 30 days. A
REALTOR
(non-principal) who becomes a principal in the firm with which he has
been licensed or, alternatively, becomes a principal in a new firm which
will be comprised of REALTOR
principals may be required to satisfy any previously unsatisfied
membership requirements applicable to REALTOR
(principal) Members but shall, during the period of transition from one
status of membership to another, be subject to all of the privileges and
obligations of a REALTOR
(principal). If the REALTOR
(non-principal) does not satisfy the requirements established in these
Bylaws for the category of membership to which they have transferred
within 30 days of the date they advised the Association of their change
in status, their new membership application will terminate automatically
unless otherwise so directed by the Board of Directors.
NOTE: The Board of Directors, at its desecration, may waive any qualification, which the applicant has already fulfilled in accordance with the Association's Bylaws.
Section 5. New Member Code of Ethics Orientation: Applicants for REALTORÒ membership and provisional REALTORÒ members (where applicable) shall complete an orientation program on the Code of Ethics of not less then two hours and thirty minutes of instructional time. This requirement does not apply to applicants for REALTORÒ membership or provisional members who have completed comparable orientation in another association, provided that REALTORÒ membership has been continuous, or that any break in membership is for one year or less.
Section 6. Continuing Member Code of Ethics Training: Effective January 1, 2001, through December 31, 2002, and for successive two year periods thereafter, each REALTORÒ member of the association shall be required to complete ethics training of not less than two (2) hours of instructional time. This requirement will be satisfied upon presentation of documentation that the member has completed a course of instruction conducted by this or another association, the State Association of REALTORSÒ , the NATIONAL ASSOCIATION OF REALTORSÒ , or any other recognized educational institution or provider which meets the learning objectives and minimum criteria established by the NATIONAL ASSOCIATION OF REALTORSÒ from time to time. REALTORÒ members who have completed training as a requirement of membership in another association and REALTORÒ members who have completed the New Member Code of Ethics Orientation during any two year cycle shall not be required to complete additional ethics training until a new two year cycle commences.
ARTICLE VI - PRIVILEGES AND OBLIGATIONS
Section 1. The privileges and obligations of Members, in addition to those otherwise provided in these Bylaws shall be specified in this Article.
Sction 2. Any Member of the Board may be reprimanded, fined,
placed on probation, suspended, or expelled by either the Board of
Directors of the Board or a Tribunal of the Minnesota Association of
REALTORS
acting on behalf of the Board of Directors of the Minnesota Association
of REALTORS
for a violation of these Bylaws and Board Rules and Regulations not
inconsistent with these Bylaws, after a hearing as provided in the
Code of Ethics and Arbitration Manual of the Board NATIONAL
ASSOCIATION of REALTORS.
Although Members other than REALTORS
are not subject to the Code of Ethics nor its enforcement by the Board,
such members are encouraged to abide by the principles established in
the code of Ethics of the NATIONAL ASSOCIATION OF REALTORS
and conduct their business and Professional practices accordingly.
Further, Members other than REALTORS
may, upon recommendation of the Membership Committee, of the Board and
the Board of Directors of the Board, or upon recommendation by a hearing
panel of the Minnesota Association of REALTORS
Professional Standards Committee, be subject to discipline as described
above, for any conduct, which in the opinion of the Board of Directors,
applied on a nondiscriminatory basis, reflects adversely on the terms
"REALTOR"
or "REALTORS",
and the real estate industry, or for conduct that is inconsistent with
or adverse to the objectives and purposes of the Local Board, the State
Association, and the NATIONAL ASSOCIATION OF REALTORS.
Section 3. Any REALTOR
of the Board may be disciplined by the Tribunal of the Minnesota
Association of REALTORS
for violations of the Code of Ethics. Any REALTOR
Member of the Board may be disciplined by the Board of Directors for
other duties of membership, after a hearing as described in the Code
of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF
REALTORS,
provided that the discipline imposed is consistent with the discipline
authorized by the Professional Standards Committee of the NATIONAL
ASSOCIATION OF REALTORS
as set forth in the Code of Ethics and Arbitration Manual of the
National Association.
Section 4. Resignations of Members shall become effective when received in writing by the Board of Directors, provided, however, that if any Member submitting the resignation is indebted to the Board for dues, fees, fines, or other assessments of the Board or any of it services, departments, divisions, or subsidiaries, the Board may condition the right of the resigning Member to reapply for membership upon payment in full of all such monies owed.
Section 5. If a Member resigns from the Board or otherwise causes membership to terminate with an ethics complaint pending, that Board of Directors may condition the right of the resigning Member to reapply for membership upon the applicant's certification that he/she will submit to the pending ethics proceeding and will abide by the decision of the hearing.
(a) If a member resigns or otherwise causes membership to terminate, the duty to submit to arbitration continues in effect even after membership lapses or is terminated, provided that the dispute arose while the former member was a REALTOR
Ò.Section 6. REALTOR
Members. REALTOR
Members, whether primary or secondary, in good standing whose financial
obligations to the Board are paid in full shall be entitled to vote and
to hold elective office in the Board; may use the terms "REALTOR"
and "REALTORS",
which use shall be subject to the provisions of Article VIII; and have
the primary responsibility to safeguard and promote the standards,
interests, and welfare of the Board and the real estate profession.
(a) If a REALTOR
Member is a principal in a firm, partnership, or corporation and is
suspended or expelled, the firm, partnership, or corporation shall not
use the terms "REALTOR"
or "REALTORS"
in connection with its business during the period of suspension, or
until re-admission to REALTOR
Membership, or unless connection with the firm, partnership, or
corporation is severed, whichever may apply. The membership of all other
principals, partners, or corporate officers shall suspend or terminate
during the period of suspension of the disciplined Member with the firm,
partnership, or corporation is severed, whichever may apply, or unless
the REALTOR
who is suspended or expelled removes himself from any form or degree of
management control of the firm for the term of the suspension or until
re-admission to membership, whichever may apply. Removal of an
individual from any form or degree of management control must be
certified to the Board by the Member who is being suspended or expelled
and by the individual who is assuming management control, and the
signatures of such certification must be notarized. In the event the
suspended or expelled Member is so certified to have relinquished all
form or degree of management control of the firm, the membership of the
other partners, corporate officers, or other individuals affiliated with
the firm shall not be affected, and the firm, partnership or corporation
may continue to use the terms "REALTOR"
and "REALTORS"
in connection with its business during the period of suspension or until
the former Member is admitted to membership in the Board. The foregoing
is not intended to preclude a suspended or expelled Member from
functioning as a employee or independent contractor, providing no
management control is exercised. Further, the membership of REALTORS
other than principals who are employed by or affiliated as independent
contractors with the disciplined Member shall suspend or terminate
during the period of suspension of the disciplined Member or until
re-admission of the disciplined Member, or unless connection of the
disciplined with the firm, partnership, or corporation is severed, or
management control is relinquished, or unless the REALTOR
Member (non-principal) elects to sever his connection with the REALTOR
and affiliate with another REALTOR
Member in good standing in the Association, whichever may apply.
If a REALTOR
member other than a sole proprietor in a firm, partner in a partnership,
or an officer of a corporation is suspended or expelled the use of the
terms "REALTOR"
or "REALTORS"
by the firm, partnership or corporation shall not be affected.
(b) In any action taken against a REALTOR
Member for suspension or expulsion under Section 6 (a) hereof, notice of
such action shall be given to all REALTORS
employed by or affiliated as independent contractors with such REALTOR
Member and they shall be advised that the provisions in Article VI,
Section 6 (a) shall apply.
Section 7. REALTORâ Personal Assistant/Clerical. REALTORâ Personal Assistant/Clerical Members shall not be entitled to vote or hold an elected or appointed position in the Association and may use the terms REALTORâ and REALTORSâ , which use shall be subject to the provision of Article VIII.
Section 8. Institute Affiliate Members. Institute affiliate
Members shall have rights and privileges and be subject to obligations
prescribed by the Board of Directors consistent with the Constitution
and Bylaws of the NATIONAL ASSOCIATION OF REALTORS.
NOTE: Local associations establish the rights and privileges to be conferred on Institute Affiliate Members except that no Institute Affiliate Member may be granted the right to use the term REALTOR, REALTOR-ASSOCIATE, or the REALTOR logo; to serve as President of the local association; or to be a participant in the local association’s Multiple Listing Service..
Section 9. Affiliate Members. Affiliate Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors. Only one affiliate membership is required per firm, regardless of number of employees.
Section 10. Public Service Members. Public Service Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.
Section 11. Honorary Members. Honorary Membership shall confer only the right to attend meetings and participate in discussions.
Section 12. Student Members. Student Members shall have rights and privileges and be subject to obligations prescribed by the Board of Directors.
Section 13. Certification by REALTOR.
"Designated" REALTOR
Members of the Board shall certify the Board on the 1st of October, on a
form provided by the Board, a complete listing of all individuals
licensed or certified in the REALTORS
office(s) and shall designate a primary Board for each individual who
holds membership. Designated REALTORS
shall also identify any non-member licensees in the REALTORS
office(s) and if Designated REALTOR
dues have been paid to another Board based on said non-member licensees,
the designated REALTOR
shall identify the Board to which dues have been remitted. These
declarations shall be used for purposes of calculating dues under
Article X, Section 2 (a) of the Bylaws. "Designated" REALTOR
Member shall also notify the Board of any additional individual(s)
licensed or certified with the firm(s) within 30 days of the date of
affiliation or severance of the individual.
Section 14. Legal liability Training. Within two years of the
date of election to membership, and every two years thereafter, each
REALTOR
Member of the Board shall be required to demonstrate that they have
completed a course of instruction on anti-trust laws, agency laws, civil
rights , and a 2 hour course on the "Code of Ethics", its interpretation
and meaning and/or the procedures related to it enforcement.
This requirement will be considered satisfied upon presentation of
evidence that the member has completed an educational program conducted
by another Member Board, the State Association of REALTORS
or any of its affiliated institutes which, in the opinion of the Board
of Directors, is an adequate substitute for the training programs
conducted by the Board.
Failure to satisfy this requirement biennially will result in membership being suspended from the date it otherwise would be renewed until such time that the member provides evidence of completion of the aforementioned educational requirements.
NOTE: Any education requirement must comply with Interpretation No.
37 of Article I, Section 2, Bylaws, NATIONAL ASSOCIATION OF REALTORS.
(Note: Suggested procedures for processing complaints of sexual harassment are available from the National Association of REALTORSâ Member Policy Department.)
ARTICLE VII - PROFESSIONAL STANDARDS AND ARBITRATION
Section 1. "The responsibility of the Board and of Board
Members relating to the enforcement of the Code of Ethics, the
disciplining of Members, and the arbitration of disputes, and the
organization and procedures incident thereto, shall be governed by the
Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF
REALTORS,
as amended from time to time, which is by this reference incorporated
into these Bylaws, provided, however, that any provision deemed
inconsistent with state law shall be deleted or amended to comply with
state law."
(a) The enforcement of the Code of Ethics, the disciplining of
Members, the arbitration of disputes, and the organization and
procedures incident thereto shall be carried out by the Minnesota
Association of REALTORS
and shall be governed b the Code of Ethics and Arbitration Manual
of the NATIONAL ASSOCIATION OF REALTORS.
(b) The President shall forward to the Minnesota Association of
REALTORS
the names of interested REALTOR
Members who are willing to serve on the M.A.R. Grievance Committee and
Professional Standards Committee. such Members will be subject to the
Member Criteria and annual training as required by the Minnesota
Association of REALTORS.
Section 2. It shall be the duty and responsibility of every
REALTOR
Member of this Board to abide by the Constitution and Bylaws and the
Rules and Regulations of the Local Board, the Constitution and Bylaws of
the State Association, the Constitution and Bylaws of the NATIONAL
ASSOCIATION OF REALTORS,
and to abide by the Code of Ethics of the NATIONAL ASSOCIATION OF
REALTORS,
including the duty to arbitrate controversies arising out of real estate
transactions as specified by Article 17 of the Code of Ethics, and as
further defined and in accordance with the procedures set forth in the
Code of Ethics and Arbitration Manual of this Board as from time
to time amended.
Section 3. The responsibility of the Board and the Board members relating to the enforcement of the Code of Ethics, the disciplining of members, the arbitration of disputes, and the organization and procedures incident thereto, shall be consistent with the cooperative professional standards enforcement agreement entered into by the Board, which by this reference is made a part of these Bylaws.
ARTICLE VIII - USE OF THE TERMS REALTOR
AND REALTORS
Section 1. Use of the terms REALTOR
and REALTORS
by Members shall, at all times, be subject to the provisions of the
Constitution and Bylaws of the NATIONAL ASSOCIATION OF REALTORS
and to the Rules and Regulations prescribed by its Board of Directors.
The Board shall have the authority to control, jointly and in full
cooperation with the NATIONAL ASSOCIATION OF REALTORS,
use of the terms within its jurisdiction.
Section 2. REALTOR
Members of the Board shall have the privilege of using the terms
"REALTOR"
and "REALTORS"
in connection with their places of business within the State or a state
contiguous thereto so long as they remain REALTOR
Members in good standing. No other class of Members shall have this
privilege.
Section 3. A REALTOR
Member who is a principal of a real estate firm, partnership, or
corporation may use the terms REALTOR
and REALTORS
only if all the principals of such firm, partnership, or corporation who
are actively engaged in the real estate profession within the State or a
state contiguous thereto are REALTOR
Members of the Board or Institute Affiliate Members as directed in
Section 1 (b) of Article IV.
(a.) In the case of a REALTOR member who is a principal of a real estate firm, partnership, or corporation whose business activity is substantially all commercial, the right to use the term REALTOR or REALTORS shall be limited to office locations in which a principal, partner, corporate officer, or branch office member of the firm, partnership, or corporation holds REALTOR membership. If a firm, partnership or corporation operates additional places of business in which no principal, partner, corporate officer, or branch office manager holds REALTOR membership, the term REALTOR or REALTORS may not be used in any reference to those additional places of business. (Amended 1/01)
Section 4. Institute Affiliate Members shall not use the terms
"REALTOR"
or "REALTORS",
nor the imprint of the emblem seal of the NATIONAL ASSOCIATION OF
REALTORS.
ARTICLE IX - STATE AND NATIONAL MEMBERSHIPS
Section 1. The Board shall be a Member of the NATIONAL
ASSOCIATION OF REALTORS
and the MINNESOTA ASSOCIATION OF REALTORS.
By reason of the Board's Membership, each REALTOR
Member of the Member Board shall be entitled to membership in the
NATIONAL ASSOCIATION OF REALTORS
and the MINNESOTA ASSOCIATION OF REALTORS
without further payment of dues. The Local Board shall continue as a
Member of the State and National Associations, unless by a majority vote
of all its REALTOR
Members, decision is made to withdraw, in which case the State and
National Associations shall be notified at least one month in advance of
the date designated for the termination of such membership.
Section 2. The Board recognizes the exclusive property rights
of the NATIONAL ASSOCIATION OF REALTORS
in the terms "REALTOR"
and "REALTORS".
The Board shall discontinue use of the terms in any form in its name,
upon ceasing to be a Member of the National Association, or upon a
determination by the Board of Directors of the National Association that
it has violated the conditions imposed upon the terms.
Section 3. The Local Board adopts the Code of Ethics of the
NATIONAL ASSOCIATION OF REALTORS
and agrees to enforce the Code among its REALTOR
Members. The Local Board and all of its Members agree to abide by the
Constitution, Bylaws, and Rules and Regulations, and policies of the
National Association and the MINNESOTA ASSOCIATION OF REALTORS.
ARTICLE X - DUES AND ASSESSMENTS
Section 1. Application fee. The Board of Directors may adopt
an application fee for REALTOR
Membership in reasonable amount, not exceeding three times the amount of
the annual local dues for REALTOR
Membership, which shall be required to accompany each application.
Section 2. Dues. The annual dues of Members shall be as follows:
a) REALTOR® Members. The annual dues of each Designated REALTOR® Member shall be in such amount as established annually by the Board of Directors, plus an additional amount to be established annually by the Board times the number of real estate salespersons and licensed or certified appraisers who
(1) are employed by or affiliated as independent contractors, or who are otherwise directly or indirectly licensed with such REALTOR
Member, and (2) are not REALTOR
Members of any Board in the state or a state contiguous thereto, or a
REALTORâ Personal Assistant/Clerical Member
of the Board, or Institute Affiliate Members of the Board. In
calculating the dues payable to the Board by a Designated REALTOR
member, non-member licensees as defined in (1) and (2) of this paragraph
shall not be included in the computation of dues if the DR has paid dues
on said non-member licensees in another Board in the state or a state
contiguous thereto, provided the Designated REALTOR
notifies the Board in writing of the identity of the Board to which dues
have been remitted. In the case of a Designated REALTOR Member is a
firm, partnership, or corporation whose business activity is
substantially all commercial, any assessments for non-member licensees
shall be limited to licensees affiliated with the Designated REALTOR (as
defined in (1) and (2) of this paragraph) in the office where the
Designated REALTOR holds membership, and any other offices of the firm
located within the jurisdiction of this board. *(Amended 1/01)
(1) For the purpose of this Section, a REALTOR
Member of a Member Board shall be held to be any member who has a place
or places of business within the State or a state contiguous thereto and
who, as a principal, partner, corporate officer or branch office manager
of a real estate firm, partnership, or corporation is actively engaged
in the real estate profession as defined in Article III, Section 1, of
the Constitution of the NATIONAL ASSOCIATION OF REALTORS.
An individual shall be deemed to be licensed with a REALTOR
if the license of the individual is held by the REALTOR,
or by any broker who is licensed with the REALTOR,
or by any entity in which the REALTOR
has a direct or indirect ownership interest and which is engaged in
other aspects of the real estate business (except as provided for in
Section 2 (a) (1) hereof) provided that such licensee is not otherwise
included in the computation of dues payable by the principal, partner,
or corporate officer, or branch office manager of the entity.
(b) The annual dues of REALTOR
Members other than the Designated Realtor, shall be established annually
by the Board of Directors.
( c ) Institute Affiliate Members: The annual dues of each Institute Affiliate Member shall be as established in Article II of the Bylaws of the NATIONAL ASSOCIATION OF REALTORS.
NOTE: The Institutes, Societies and Councils of the National Association shall be responsible for collecting and remitting dues to the National Association for Institute Affiliate Members ($75.00) The National Association shall credit $25.00 to the account of a local association for each Institute Affiliate Member whose office address is within the assigned territorial jurisdiction of that association, provided, however, if the office location is also within the territorial jurisdiction of a Commercial Overlay Board (COB), the $25.00 amount will be credited to the COB, unless the Institute Affiliate Member directs that the dues be distributed to the other board. The National Association shall also credit $25.00 to the account of state associations for each Institute Affiliate Member whose office address is locat4dwithin the territorial jurisdiction of the state association. Local and state associations may not establish any additional entrance, initiation fees or dues for Institute Affiliate Members, but may provide service packages to which Institute Affiliate Members may voluntarily subscribe.
Section 3. Dues Payable. Dues for all members shall by payable annually in advance of the first day of October. If any member has not paid the Association Dues by Oct. 15th a financial penalty will be assessed Dues for new members
shall be computed from the first day of the month in which a Member is notified of election and shall be prorated for the remainder of the year.(a) In the event a sales licensee, or licensed or certified
appraiser, who holds REALTOR
membership is dropped for nonpayment of Board dues, and the licensee
remains with the "designated" REALTORS
firm, the dues obligation of the "designated" REALTOR
(as set forth in Article X, Section 2, a) will be increased to reflect
the addition of a non-member licensee. Dues shall be calculated from the
first day of the current fiscal year and are payable within 30days of
the notice of termination.
Section 4. Nonpayment of Financial Obligations. If payment of Association dues are not received by Oct. 15th a penalty fee of _$25.00_ will be charged to the Broker for each member not paid.
If fees, fines, or other assessments including amounts owed to the Board's Multiple Listing Service are not paid within one (1) month after the due date, the non-paying Member will be terminated.Three (3) months after the due date, membership of the non-paying Member shall automatically terminate unless within that time the amount due is paid. However, no action shall be taken to suspend or expel a Member for nonpayment of disputed amounts until the accuracy of the amount owed has been confirmed by the Board of Directors. A former Member who has had his membership terminated for nonpayment of dues, fees, fines, or other assessments duly levied in accordance with the provisions of these Bylaws or the provisions of other Rules and regulations of the Board or any of its services, departments, divisions or subsidiaries may apply for reinstatements in a manner prescribed for new applicants for membership, after making payment in full of all accounts due as of the date of termination.
Section 5. Deposit. All monies received by the Board for any purpose shall be deposited to the credit of the Board in a financial institution or institutions selected by resolution of the Board of Directors.
Section 6. Expenditures. The Association Executive Officer shall administer the day to day finances of the Board. Capital expenditures in excess of $100.00 may not be made unless authorized by 51% of the Board Members present at the meeting.
Section 7. Notice of Dues, Fees, Fines, Assessments, and Other Financial Obligations of Members. All dues, fees, fines, and assessments, or other financial obligations to the Board or Board Multiple Listing Service shall be notified to the delinquent Board Member, in writing, setting forth the amount owed and due date.
Section 8. The dues of REALTOR
Members who are REALTOR
Emirate (as recognized by the National Association), Past Presidents of
the National Association or recipients of the Distinguished Service
Award shall be as determined by the Board of Directors.
NOTE: A Member Board's dues obligation to the National Association is
reduced by an amount equal to the amount which the Board is assessed for
a REALTOR
Member, times the number of REALTOR
Emirate (as recognized by the National Association), Past Presidents of
the National Association, and recipients of the Distinguished Service
Award of the National Association who are REALTOR
Members of the Board. The dues obligation of such individuals to the
Local Board should be reduced to reflect the reduction in the Board's
dues obligation to the National Association. The Board may, at its
option, choose to have no dues requirement for such individuals except
as may be required to meet the Board's obligation to the State
Association with respect to such individuals. Member Boards should
determine whether the dues payable by the Association to the State
Association are reduced with respect to such individuals. It should be
noted that this does not affect a "designated" realtors dues obligation
to the Board with respect to those licensees employed by or affiliated
with the "designated" REALTOR
who are not Members of the Local Board.
ARTICLE XI - OFFICERS AND DIRECTORS
Section 1. Officers. The elected officers of the Board shall be: a President, a Vice President, a Secretary, and a Treasurer. The Secretary and Treasurer may be the same person. They shall be elected for terms of one year.
Section 2. Duties of Officers. The duties of the officers
shall be such as their titles, by general usage, would indicate and such
as may be assigned to them by the Board of Directors. It shall be the
particular duty of the Chief Staff Executive to keep the records of the
Board and to carry on all necessary correspondence with the NATIONAL
ASSOCIATION OF REALTORS
AND THE MINNESOTA ASSOCIATION OF REALTORS.
Section 3. Board of Directors. The governing body of the Board shall be a Board of Directors consisting of the elective officers, seven active members of the Board the immediate past president, and the immediate MLS Chairman. Directors shall be elected to serve for terms of three years, except that in organization, one-third of the elective Directors shall be elected for terms of one, two, and three years, respectively, or for such lesser terms as may be necessary to complete the first fiscal year. Thereafter, as many Directors shall be elected each year as are required to fill vacancies.
Section 4. Election of Officers and Directors.
(a) At least two (2) months before the annual election, a Nominating
Committee of four (4) REALTOR
Members shall be appointed by the President with the approval of the
Board of Directors. The Nominating Committee shall select candidates(s)
for each officer and candidate(s) for each place to be filled on the
Board of Directors. The report of the Nominating Committee shall be
mailed or where permitted by state law, electronically transmitted
Members eligible to vote. The petition shall be filed with the Chief
Staff Executive at least two (2) weeks before the election. The Chief
Staff Executive shall send notice of such additional nominations to all
Members eligible to vote before the election.
(b) The election of officers and Directors shall take place at the annual meeting. Election shall be by ballot and all votes shall be cast in person. The ballot shall contain the names of all candidates and the offices for which they are nominated.
(c) The President, with the approval of the Board of Directors, shall
appoint an Election committee of three (3) REALTOR
Members to conduct the election. In case of a tie vote, the issue shall
be determined by lot.
Section 5. Vacancies. Vacancies among the Officers and the Board of Directors shall be filled by a simple majority vote of the Board of Directors until the next annual election.
Section 6. Removal of Officers and Directors. In the event that an Officer or Director is deemed to be incapable of fulfilling the duties for which elected, but will not resign from office voluntarily, the Officer or Director may be removed from office under the following procedure:
(a) A petition requiring the removal of an Officer or Director and signed by not less than one-third of the voting membership or a majority of all Directors shall be filed with the President, or if the President is the subject of the petition, with the next-ranking officer, and shall specifically set forth the reasons the individual is deemed to be disqualified from further service.
(b) Upon receipt of the petition, and not less than twenty (20) days or more than forty-five (45) days thereafter, a special meeting of the voting membership of the Board shall be held, and the sole business of the meeting shall be to consider the charge against the Officer or Director, and to render a decision on such petition.
(c) The special meeting shall be noticed to all voting Members at least ten (10) days prior to the meeting, and shall be conducted by the President of the Board unless the President's continued service in office is being considered at the meeting. In such case, the next-ranking officer will conduct the meeting of the hearing by the Members. Provided a quorum is present, a three-fourths vote of Members present and voting shall be required for removal from office.
ARTICLE XII - MEETINGS
Section 1. Annual Meetings. The annual meeting of the Board shall be held during September of each year, the date, place, and hour to be designated by the Board of Directors.
Section 2. Meetings of Directors. The Board of Directors shall designate a regular time and place of meetings. Absence from three consecutive regular meetings without an excuse deemed valid by the Board of Directors shall be construed as resignation.
Section 3. Other Meetings. Meetings of the Members may be held at other times as the President or the Board of Directors may determine, or upon the written request of at least 25% of the Members eligible to vote.
Section 4. Notice of Meetings. Written notice shall be given to every Member entitled to participate in the meeting at least one (1) week preceding all meetings. If a special meeting is called, it shall be accompanied by a statement of the purpose of the meeting.
Section 5. Quorum. A quorum for the transaction of business at a Board of Directors meeting shall consist of a majority of directors in attendance eligible to vote. A quorum for the transaction at other meetings shall consist of members in attendance eligible to vote.
ARTICLE XIII – COMMITTEES
Section 1. Standing Committees. The President shall appoint
from among the REALTOR
Members, subject to confirmation by the Board of Directors, the
following standing committees:
Education Finance Legislative
MLS Grievance/Equal Opportunity
Professional Standards Program Public Relations
Section 2. Special Committees. The President shall appoint, subject to confirmation by the Board of Directors, special committees as deemed necessary.
Section 3. Organization. All committees shall be of such size and shall have duties, functions, and powers as assigned by the President or the Board of Directors except as otherwise provided in these Bylaws.
Section 4. President. The President shall be an ex-officio member of all standing committees and shall be notified of their meetings.
Section 5. Action without Meeting. Any committee may act by unanimous consent in writing without a meeting. The consent shall be evidenced by one or more written approvals, each of which sets forth the action taken and bears the signature of one or more of the members of the committee.
Section 6. Attendance by Telephone. Members of a committee may participate in any meeting through the use of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other. Such participation shall be at the discretion of the President and shall constitute presence at the meetings.
ARTICLE XIV - INDEMNIFICATION
Section 1. Any person, including any past, present or future director, officer, committee member, employee or agent of the Association ( or the heirs or legal representatives of any such directors, officer, committee member or employee or agent) made or threatened to be made a party to any action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he/she his/her testator, or intestate, is or was a director, officer, committee member, employee or agent of the Association or performed any service at the request of the Association shall be indemnified by the Association, and the Association advance his/her related expenses in the manner and to the full extent of provided by the law of the state of Minnesota.
ARTICLE XV - FISCAL AND ELECTIVE YEAR
Section 1. The fiscal and elective year of the Board shall be October 1 to September 30.
ARTICLE XVI - RULES OF ORDER
Section 1. Robert's Rules of Order, latest edition, shall be recognized as the authority governing the meetings of the Board, its Board of Directors, and committees, in all instances wherein its provisions do not conflict with these Bylaws.
ARTICLE XVII - AMENDMENTS
Section 1. These Bylaws may be amended by a majority vote of the Members present and qualified to vote at any meeting at which a quorum is present, provided the substance of such proposed amendment or amendments shall be plainly stated in the call for a meeting, except that the Board of Directors may, at any regular or special meeting of the Board of Directors at which a quorum is present, approve amendments to the Bylaws which are mandated by NAR policy
.Section 2. Notice of all meetings at which amendments are to be considered shall be mailed to every member eligible to vote at least one (1) week prior to the meeting.
Section 3. Amendments to these Bylaws affecting the admission
or qualification of REALTOR
and Institute Affiliate Members, the use of the term "REALTOR"
and "REALTORS",
or any alteration in the territorial jurisdiction of the Board shall
become effective upon their approval as authorized by the Board of
Directors of the NATIONAL ASSOCIATION OF REALTORS.
ARTICLE XVIII - DISSOLUTION
Section 1. Upon the dissolution of this Board, the Board of
Directors, after providing for the payment of all obligations, shall
distribute any remaining assets to the MINNESOTA ASSOCIATION OF REALTORS
or, within its discretion, to any other nonprofit tax exempt
organization.
ARTICLE XIX - MULTIPLE LISTING
Multiple Listing Service Operated as a Committee of the Association
Section 1. Authority. The Board of REALTORS
shall maintain for the use of its Members a Multiple Listing Service
which shall be subject to the Bylaws of the Board of REALTORS
and such Rules and Regulations as may be hereinafter adopted.
Section 2. Purpose. A Multiple Listing Service is a means by which authorized Participants make blanket unilateral offers of compensation to other Participants (acting as subagents, buyer agents, or in other agency or nonagency capacities defined by law); by which cooperation among participants is enhanced; by which information is accumulated and disseminated to enable authorized Participants to prepare appraisals, analyses, and other valuations of real property for bona fide clients and customers; by which Participants engaging in real estate appraisal contribute to common databases; and is a facility for the orderly correlation and dissemination of listing information so participants may better serve their clients and the public. Entitlement to compensation is determined by the cooperating broker’s performance as a procuring cause of the sale (or lease). (Amended 11/04)
Section 3—Participation: Any REALTOR® of this or any other Board who is a principal, partner, corporate officer, or branch office manager acting on behalf of a principal, without further qualification, except as otherwise stipulated in these bylaws, shall be eligible to participate in Multiple Listing upon agreeing in writing to conform to the rules and regulations thereof and to pay the costs incidental thereto.* However, under no circumstances is any individual or firm, regardless of membership status, entitled to Multiple Listing Service "membership" or "participation" unless they hold a current, valid real estate brokers license and offer or accept compensation to and from other Participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property.** Use of information developed by or published by a Board Multiple Listing Service is strictly limited to the activities authorized under a Participants 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. (Amended 11/08)
Note: Mere possession of a broker's license is not sufficient to qualify for MLS participation. Rather, the requirement that an individual or firm 'offers or accepts cooperation and compensation' means that the Participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of cooperation and compensation made by listing brokers or agents in the MLS. "Actively" means on a continual and on-going basis during the operation of the Participant's real estate business. The „'actively" requirement is not intended to preclude MLS participation by a Participant or potential Participant that operates a real estate business on a part time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a Participant or potential Participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny participation based on the level of service provided by the Participant or potential Participant as long as the level of service satisfies state law.
The key is that the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on the MLS in which participation is sought. This requirement does not permit an MLS to deny participation to a Participant or potential Participant that operates a Virtual Office Website ("VOW") (including a VOW that the Participant uses to refer customers to other Participants) if the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation. An MLS may evaluate whether a Participant or potential Participant "actively endeavors during the operation of its real estate business" to "offer or accept cooperation and compensation" only if the MLS has a reasonable basis to believe that the Participant or potential Participant is in fact not doing so.
The membership requirement shall be applied on a nondiscriminatory manner to all Participants and potential Participants. (Adopted 11/08)
Section 4. Supervision. The activity shall be operated under the supervision of the Multiple Listing Committee, in accordance with the Rules and Regulations, subject to approval of the Board of Directors.
Section 5. Appointment of Committee. The President shall
appoint, subject to the confirmation of the Board of Directors, a
Multiple Listing Committee of one (1) Representative per office. All
members of the committee shall be Participants in Multiple Listing
except, at the option of the Local Board, REALTORS
or REALTOR ASSOCIATES
affiliated with the Participants may be appointed to serve in such
numbers as determined by the Local Board. The Committee Members so named
shall serve two-year terms. The Committee shall select its Chairman from
among the members thereof. (The Chairman may be designated by the
President.)
Section 6. Vacancies. Vacancies in unexpired terms shall be filled as in case of original appointees.
Section 7. Attendance. Any Committee Member who fails to attend three (3) consecutive regular or special meetings of the committee, without excuse acceptable to the Chairman of the Committee, shall be deemed to have resigned from the Committee and the vacancy shall be filed as herein provided for original appointees.
Section 8. Access to Comparable and Statistical Information. Realtors® 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, 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 these members and individuals affiliated with these 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 other wise specified in the MLS Rules and Regulations. Board Members who receive such information, either as a Board service or through the Board's MLS, are subject to the applicable provisions of the MLS Rules and Regulations whether they participate in the MLS or not. (Amended 11/04)
Section 9. Subscribers. Subscribers (or users) of the MLS include non-principal brokers, sales associates, personal assistants/clerical staff and licensed or certified appraisers.
(** NOTE: REALTOR
IS A REGISTERED TRADEMARK OF THE NATIONAL ASSOCIATION OF REALTORS.)
Personal Assistant/Clerical Member ……………….. Pg. 9.
LISTING PROCEDURES
Section 1 - Listing Procedures:
Listings of real or personal property of the following types, which are listed subject to a real estate broker's license, located within the territorial jurisdiction of the Board of REALTORS taken by Participants on (a) Exclusive Right to Sell Listing and (b) Commercial-Industrial Exclusive Listing Agreement Sale shall be delivered to the Multiple Listing Service within 48 hours, photo’s 72 hrs (excluding holidays and weekends) after all necessary signatures of seller(s) have been obtained.(Amended 3/06)
(a) Single family homes for sale or exchange
(b) Vacant lots and acreage for sale or exchange
(c) Multi-family residential buildings for sale or exchange
(d) Farms for sale or exchange
(e) Commercial land or businesses for sale or exchange
Note 1: The Multiple Listing Service shall not require a Participant to submit listings on a form other than the form the Participant individually chooses to utilize provided the listing is of a type accepted by the Service, although a property data form may be required as approved by the Multiple Listing Service. However, the Multiple Listing Service, through its legal counsel:
1. May reserve the right to refuse to accept a listing form, which fails to adequately protect the interest of the public and the Participants
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 compensation to the other Participants of the Multiple Listing Service acting as subagents, buyer agents, or both. (Amended 11/96)
The listing agreement must include the seller's written authorization to submit the agreement to the Multiple Listing Service. (Amended 11/96)
The different types of listing agreements 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 borders and inherently provides a disincentive for cooperation. (Amended 4/92)
The exclusive right to sell listing is the conventional form of listing submitted to the Multiple Listing Service in that the seller authorizes the listing broker to cooperate with and to compensate other brokers. (Amended 4/92)
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 listing with named prospects exempted should be clearly distinguished by a simple designation such as a code or symbol from exclusive right to sell listing 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 listing with no named prospects exempted. Care should be exercised to insure that different codes or symbols are used to denote exclusive agency and exclusive right to sell listing with prospect reservations. (Amended 4/92)
Note 2: a Multiple Listing Service does not regulate the type of listings its Members may take. This does not mean that a Multiple Listing Service must accept every type of listing. The Multiple Listing Service shall decline to accept open listings (except where acceptance is required by law) and net listings, and it may limit its service to listings of certain kinds of property. But, if it chooses to limit the kind of listings it will accept, it shall leave its Members free to accept such listings to be handled outside the Multiple Listing Service.
Note 3: A Multiple Listing Service may, as a matter of local option, accept exclusively listed property that is subject to auction. If such listings do not show a listed price, they may be included in a separate section of the MLS compilation of current listings. (Adopted 11/92)
We do not accept listings to be sold at Auction in our MLS compilation.Types of Properties: Following are some of the types of properties that may be published 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 entered into within the scope of the Participant's licenser as a real estate broker: (Amended 11/91)
(1) Residential (6) Commercial
(2) Residential with Acreage (7) Resorts
(3) Lakeshore Homes/Cottages (8) Lots/Acreage
(4) Condo/Townhome (9) Farms With Buildings
(5) Multi-Unit
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 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, including photo’s which is ascertainable as specified on the property data form. (Amended 3/06)
Section 1.3 Exempted Listings: If the seller refuses to permit the listing to be disseminated by the Service, the Participant 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.
Note: Section 1.3 is not required if the Service does not require all Exclusive Right to Sell listings to be submitted by a Participant to the Service.
Section 1.4 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 1.5 Withdrawal of Listing Prior to Expiration: Listings of property may be withdrawn from the Multiple Listing Service by the listing broker before the expiration date of the listing agreement, provided notice is filed with the Service, including a copy of the agreement between the seller and the listing broker which authorized 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 exclusive relationship with the listing broker has been terminated, the Multiple Listing Service may remove the listing at the request of the seller. (Adapted 11/96)
Section 1.6 Contingencies Applicable to Listings: Any contingency or conditions of any term in a listing shall be specified and noticed to the Participants.
Section 1.7 Listing Price Specified: The full gross listing price stated in the listing contract will be included in the information published in the MLS compilation of current listings, unless the property is subject to auction. (Amended 11/92)
Section 1.8 Listing Multiple Unit Properties: All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data form. When part of a listed property has been sold, proper notification should be given to the Multiple Listing Service.
Section 1.9 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 and non-participants.
Section 1.10 Expiration of Listings: Any listing filed with the Multiple Listing Service will automatically be removed from the compilation of current listings on the expiration dates specified in the agreement, unless prior to that date the MLS received notice that the listing has been extended or renewed. (Amended 11/01)
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 or renewals of listings must be signed by the seller(s) and filed with the Service. (Amended 11/01)
Section 1.11 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 1.12 Jurisdiction: Only listings of the designated types of property located within the jurisdiction of the 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 the Participant, but cannot be required by the Service. (Amended 11/01)
**Todd County except that area north of State Highway 210 from the Ottertail County line straight east to Motley: Douglas County and Pope County.
Note:
Boards must choose whether the Service will accept listings from beyond its jurisdiction into the MS compilation. (Amended 11/88)Section 1.13 Listings of Suspended Participants: When a Participant of the Service is suspended from the MLS for failing to abide by a membership duty (i.e., violation of the Code of Ethics, Board Bylaws, MLS Bylaws, MLS Rules and Regulation, or other membership obligation except failure to pay appropriate dues, fees or charges), all listings currently filed with the MLS by the suspended Participant shall, at the Participant's option, be retained in the Service until sold, withdrawn or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the suspension became effective. If a Participant has been suspended from the 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 current listing information. Prior to any removal of a suspended Participant's listings from the MLS, the suspended Participant should be advised in writing of the intended removal so that the suspended Participant may advise his clients.
Section 1.14 Listings of Expelled Participants: When a Participant of the Service is expelled from the MLS for failing to abide by a membership duty (i.e., violation of the Code of Ethics, 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 listings from the MLS, the expelled Participant should be advised, in writing, of the intended removal so that the expelled Participant may advise his clients.
Section 1.15 Listings of Resigned Participants: When a Participant resigns from the MLS, the MLS is not obligated to provide services, including continued inclusion of the resigned Participant's listings in the MLS compilation of current listing information. Prior to any removal of a resigned Participant's listings from the MLS, the resigned Participant should be advised, in writing, of the intended removal so that the resigned Participant may advise his clients.
SELLING PROCEDURES
Section 2: Selling Procedures
Appointments for showings and negotiations with the seller for the purchase of listed property filed with the Multiple Listing Service shall be conducted through the listing broker except under the following circumstances:
(a) The listing broker gives the cooperating broker specific authority to show and/or negotiate directly, or
(b) After reasonable effort, 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)
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. (Amended 4/92)
Section 2.2 Submission of written offers The listing broker shall submit to the seller all written offers until closing unless precluded by law, government rule, regulation, or agreed otherwise in writing between the seller and the listing broker. Unless the subsequent offer is contingent upon the termination of an existing contract, the listing broker shall recommend that the seller obtain the advice of legal counsel prior to acceptance of the subsequent offer. (Amended 11/87)
Participants representing buyers or tenants shall submit to the buyer or tenant all offers and counter-offers until acceptance, and shall recommend that buyers and tenants obtain legal advice where there is a question about whether a pre-existing contract has been terminated. (Amended 11/05)
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 the offer by the seller or lessor and the listing broker. However, if the seller or lessor gives written instructions to the listing broker that the cooperating broker not be present when an offer the cooperating broker secured is presented, the cooperating broker has the right to a copy of the seller's written instructions. None of the foregoing diminishes the listing broker's right to control the establishment of appointments for such presentations. (Amended 4/92)
Section 2.4 Right of Listing Broker in presentation of counter-offer The listing broker or his representative has the right to participate in the presentation of any counter-offer made by the seller or lessor. He does not have the right to be present at any discussion or evaluation of a counter-offer by the purchaser or lessee (except where the cooperating broker is a subagent). However, if the purchaser or lessee gives written instructions to the cooperating broker that the listing broker to 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
Status changes, including final closing of sales, shall be reported to the multiple listing services by the listing broker within __48__ hours after they have occurred. If negotiations were carried on under Section 2(a) or (b) hereof, the cooperating broker shall report the accepted offer to the listing broker within __48__ hours after occurrence and the listing broker shall report them to the MLS within __48__ hours after receiving notice from the cooperating broker. (Amended 5/07)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 it Participants. (Amended 11/01)Section 2.6 Reporting Resolutions of contingencies The listing broker shall report to the Multiple Listing Service within 24 hours that a contingency on file with the Multiple Listing Service has been fulfilled or renewed, or the agreement canceled.
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.
Section 2.9 Disclosing the Existence of Offers Listing brokers, in response to inquiries from buyers or cooperating brokers shall, with the seller’s approval, disclose the existence of offers on the property. Where disclosure is authorized, the listing broker shall also disclose whether offers were obtained by the listing licensee, by another licensee in the listing firm, or by a cooperating broker. (Adopted 11/05)
Section 2.10 Availability of Listed Property Listing brokers shall not misrepresent the availability of access to show or inspect listed property. (Adopted 11/05)
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" Sign: Only the "For Sale" sign of the listing broker may be placed on a property. (Amended 11/89)
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. (Amended 4/96)
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: 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 salesperson 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 offered 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.
New Section 4.4 Use of the Terms MLS and Multiple Listing Service No MLS participant, subscriber or licensee affiliated with any participant shall, through the name of their firm, their URLs, their e-mail addresses, their website addresses, or in any other way represent, suggest, or imply that the individual or firm is an MLS, or that they operate an MLS. Participants, subscribers and licensees affiliated with participants shall not represent, suggest, or imply that consumers or others have direct access to MLS databases, or that consumers or others are able to search MLS databases available only to participants and subscribers. This does not prohibit participants and subscribers from representing that any information they are authorized under MLS rules to provide to clients or customers is available on their websites or otherwise. (Adopted 11/07)
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 COMMISSION
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 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 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 throughout 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. * (Amended 11/96)
The listing broker retains the right to determine the amount of compensation offered to other participants (acting as subagents, buyer agents, or in other agency or non-agency capacities defined by law) which may be the same or different. (Revised 96&97)
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 provide 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 flat dollar amount. (Amended 11/95)
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. (Amended 11/95)
Note: MLSs may also, as a matter of local discretion, allow participants to offer cooperative compensation as a percentage of the net sales price, with the net sales price defined as the gross sales price minus buyers upgrades (new construction) and seller concessions (as defined by the MLS unless otherwise defined by state law or regulation. (Adopted 5/08)
Note 2: The listing broker may, from time to time, adjust the compensation offered too their 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. (Amended 4/92)
Note 3: The Multiple Listing Service shall make no rule on the division of commissions between Participants and non-participants. 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, and that compensation payable to cooperating brokers may be reduced if the gross commission established in the listing contract is reduced by a court in such instances, the fact that the gross commission is subject to court approval and either the potential reduction is 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. (Adopted 11/05)
Note 6: Multiple listing services must give participants the ability to disclose to other participants any potential for a short sale. As used in these rules, shore sales are defined as a transaction where title transfers, where the sale price is insufficient to pay the total of all liens and costs of sale, and where the seller does not bring sufficient liquid assets to the closing to cure all deficiencies. Multiple listing services may, as a matter of local discretion, require participants to disclose potential short sal3es when participants know a transaction is a potential shore sale. In any instance where a participant discloses a potential short sale, they must also be permitted to communicate to other participants how any reduction in the gross commission established in the listing contract required by the lender as a condition of approving the sale will be apportioned between listing and cooperating participants. All confidential disclosures and confidential information related to short sales must be communicated through dedicated fields or confidential "remarks" available only to participants and subscribers (Adopted 5/08)
Section 5.0.1: Participants may, but are not required to, disclose
potential short sales to other participants and subscribers. When
disclosed, participants may, at their discretion, advise other participants
whether and how any reduction in the gross commission established in the
listing contract, required by the lender as a condition of approving the
sale, will be apportioned between listing and cooperating participants.
Section 5.1 Participant as Principal: If a Participant or any licensee (or licensed or certified appraiser) affiliated with a Participant has any ownership interest in a property, the listing of which is to be disseminated through the Multiple Listing Service, that person shall disclose that interest when the listing is filed with the Multiple Listing Service and such information shall be disseminated to all Multiple Listing Service Participants.
Section 5.2 Participant as Purchaser: If a Participant or any licensee (including licensed and certifies 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 to later than the time an offer to purchase is submitted to the listing broker. (Adopted 2/92)
Section 5.3 Dual or Variable Rate Commission Arrangements: 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 throughout 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 representation must disclose such information to their client before the client makes an offer to purchase or lease. (Amended 5/01).
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 costs of the Service and are subject to change from time to time in the manner prescribed:(a) Initial Participation fee: An applicant (office/brokerage) for participation in the Service shall pay an application fee of $600.00 with such fee to accompany the application.
(b) Recurring Participation Fee: The monthly participation fee of each Brokerage/Office shall be $30.00. This is paid on a monthly basis.
(c) Subscription Fee: Computer access to the MLS system shall be supplied to the Participant upon payment of the Initial Participation Fee, and the Participant shall be responsible for a Subscription Fee of $30.00 per month for each access 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.
(d) Book Publication: Books may be purchased at the reproduction cost.
(e) Statement fees are due and payable in full by the 25th of each month
COMPLIANCE WITH RULES
Section 7 Compliance with Rules / Authority to Impose Discipline
By becoming and remaining a participant or subscriber in this MLS, each
participant and subscriber agrees to be subject to the rules and regulations
and any other MLS governance provision. The MLS may, through the
administrative and hearing procedures established in these rules, impose
discipline for violations of the rules and other MLS governance provisions.
Discipline that may be imposed may only consist of one or more of the
following:
Section 7.1 Compliance with Rules The following action may be taken for noncompliance with the rules:
Note: Generally, warning, censure, and the imposition of a
moderate fine are 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 desires to establish a series of moderate fines, they should be
clearly specified in the rules and regulations. (Amended 11/88)
Section 7.2 Applicability of Rules to Users and/or Subscribers
Non-principal brokers, sales licensees, appraisers, and others authorized to
have access to information published by the MLS are subject to these rules
and regulations and may be disciplined for violations thereof provided that
the user or subscriber has signed an agreement acknowledging that access to
and use of MLS information is contingent on compliance with the rules and
regulations. Further, failure of any user or subscriber to abide by the
rules and/or any sanction imposed for violations thereof can subject the
participant to the same or other discipline. This provision does not
eliminate the participant’s ultimate responsibility and accountability for
all users or subscribers affiliated with the participant. (Adopted 4/92)
Note: Adoption of Section 7.2 is optional and should be
adopted by multiple listing services desiring to establish authority to
impose discipline on non-principal users or subscribers affiliated with MLS
members or participants. (Amended 11/07)
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 Chairperson.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 chairperson, or Vice Chairperson, shall preside at all meetings or, in their absence; a temporary Chairperson from the membership of the Committee shall be named by the Chairperson or, upon his failure to do so, by the Committee.
PERSONAL ASSISTANT/CLERICAL MEMBER
Section (9) Definitions
(9.A) LICENSED REALTORâ /Personal Assistant/Clerical Member is one whom is employed by a REALTOR®, and is currently licensed with an MLS Participant in good standing with the MLS, and who does not participate in the listing, selling showing of properties, hold public open houses, exchanges or negotiates any real property.
(9.B) UNLICENSED/Personal Assistant/Clerical Member is one whom is employed by a REALTOR that is currently licensed with an MLS Participant that is in good standing with the MLS.
(9.C) OFFICE Administrator/Secretary whom is employed by an MLS Participant that is in good standing with the MLS.
(2) Access
(2.A) Access to the MULTIPLE LISTING SERVICE (on-line system) means the issuance of a User Name and Password to gain entry into the on-line system, for the sole purpose of conducting real estate business directly related to the business of the MLS participant.
(2.B) Access to the MLS on-line system may be granted to an Administrative Member upon proper completion and submission to the MLS of an "ADMINISTRATIVE MEMBER" Application Form, signed and dated by the MLS Participant
(2.C) Access to the MLS on-line system is granted by the MLS on behalf of the MLS Participant, and can be terminated by either written instruction from the MLS Participant, or the MLS if it becomes known that the Administrative Member has violated the MLS Rules and Regulations, and/or is no longer employed by the MLS Participant or employing REALTOR.
(2.D) The MLS Participant shall notify the MLS in writing as soon as possible of the termination of an Administrative Member’s access to the on-line system.
(3) Fees Administrative/Personal Assistant/Clerical Membership is granted by the MLS without cost or fee. If it becomes known that an Administrative Member whom is licensed has placed a listing in the MLS under his/her name, partakes in the listing and selling of real property, is showing properties, holding public open houses, exchanges and/or negotiates real property, the MLS reserves the right to terminate the Administrative Membership status and will begin billing the MLS Participant for the individual’s access according to the fee structure set forth in GAAAR’s MLS Rules and Regulations.
(4) Liability The MLS Participant whom employees the Administrative Member, or holds the license of the REALTOR whom employs the Administrative Member, is solely responsible for the actions of the Administrative Member with respect to the MLS, and said MLS Participant agrees to hold the MLS and GAAAR harmless from any liability arising from such actions.
(5) GAAAR Rules/Regulations. In all respects,
Administrative/Personal
Assistant/Clerical Members shall be subject to the MLS Rules and Regulations
of GAAAR
ENFORCEMENT OF RULES OR DISPUTES
Section 10. Consideration of Alleged Violations:
The Committee shall give consideration to all written complaints having to do with violations of the rules and regulations. (Amended 2/98)Section 10.1 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 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. (Amended 11/96)
If rather than conducting an administrative review, the Multiple Listing Committee has a procedure established to conduct hearings, the decision of the Multiple Listing Committee may be appealed to the Board of Directors of the Board of REALTORS within twenty (20) days of the tribunal's decision being rendered. 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 10.2 Complaints of Unethical Conduct: All other complaints of unethical conduct shall be referred by the Committee to the Executive Officer of the Greater Alexandria Area Association of Realtors for appropriate action in accordance with the professional standards procedures established in the Board's Bylaws. (Amended 11/88)
CONFIDENTIALITY OF MLS INFORMATION
Section 11. 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. (Amended 4/92)Section 11.1 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 of the information such Participant provides.
Section 11.2 Access to Comparable and Statistical Information: Realtors® 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 these Members and individuals affiliated with these 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. Affiliate members of the Board are also entitled to receive, by purchase or lease, information that is generated wholly or in part by the MLS "sold" information, and statistical reports. (Amended 3/06)
OWNERSHIP OF MLS COMPILATIONS* AND COPYRIGHTS
Section 12.
By the act of submitting any property listing content to the MLS, the participant represents that he has been authorized to grant and also thereby does grant authority for the MLS to include the property listing content in its copyrighted MLS compilation and also in any statistical report on comparables. Listing content includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information, and other details or information related to listed property.(Other than Exempted Listings - see Section 1.3
)Section 12.1 All right, title, and interest in each copy of every Multiple Listing Compilation created and copyrighted by the Greater Alexandria Area Association of Realtors and in the copyrights therein, shall at all times remain vested in the Greater Alexandria Area Association of Realtors.
Section 12.2 Each Participant shall be entitled to lease from the Greater Alexandria Area Association 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 certifies 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 Section 11 and 12 herein, shall be construed to include any format in which property listing data is collected and disseminated to the Participants, including, but not limited to, bound book, loose-leaf binder, computer database, card file, or any other format whatever.
**This section should not be construed to require the Participant to lease a copy of the MLS Compilation for any licensee (or licensed or certified appraiser) affiliated with the Participant who is engaged exclusively in a specialty of the real estate business other than listing, selling, or appraising the types of properties which are required to be filed with the MLS, and who does not, at any time, have access to or use of the MLS information or MLS facility of the Board.
USE OF COPYRIGHTED MLS COMPILATIONS
Section 13. 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 approval 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 licenser(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey "Participant" or "Membership" of 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. (Amended 4/92)
Section 13.1 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 13.2 Reproduction: Participants or their affiliated licensees shall not reproduce any MLS Compilation or any portion thereof except in the following limited circumstances:
Participants or their affiliated licensees may reproduce from the MLS Compilation, and distribute to prospective purchasers, a reasonable * number of single copies of property listing data contained in the MLS Compilation which relate to any properties in which the prospective purchasers are or may be interested, in the judgment of the Participant or their affiliated licensees.
Nothing contained herein shall be construed to preclude any Participant from utilizing, displaying, distributing, or reproducing property listing sheets or other compilations of data pertaining exclusively to properties currently listed for sale with the Participant.
Any MLS information, whether provided in written or printed form, provided electronically, or provided in any other form or format, is provided for the exclusive use of the Participant and those licensees affiliated with the Participant who are authorized to have access to such information. Such information may not be transmitted, retransmitted or provided in any manner to any unauthorized individual, office or firm.
None of the foregoing shall be construed to prevent any individual legitimately in possession of current listing information, "sold" information, " comparable", or statistical information from utilizing such information to support an estimate of value on a particular property for a particular client.
However, only such information that a Board of Board-owned Multiple Listing Service has deemed to be non-confidential 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 desired and ability to purchase, whether the reproductions were made on a selective basis, and whether the type of properties contained in the property listing data is consistent with a normal itinerary of properties which would be shown to the prospective purchaser.
USE OF MLS INFORMATION
Section 14 Limitations of use of MLS Information:
Use of information from 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 any 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 is 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 Greater Alexandria Area Association of REALTORS for the period (date) through (date)." (Amended 11/93)
CHANGE IN RULES AND REGULATIONS
Section 15
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.
Standards of Conduct for MLS Participants
Section 16 Standard 16.1 MLS participants shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other MLS participants have with clients. (Amended 1/04)
Standard 16.2 Signs giving notice of property for sale, rent, lease, or exchange shall not be placed on property without consent of the seller/landlord.
Standard 16.3 MLS participants acting as subagents or as buyer/tenant representatives or brokers shall not attempt to extend a listing broker’s offer of cooperation and/or compensation to other brokers without the consent of the listing broker. (Amended 1/04)
Standard 16.4 MLS participants shall not solicit a listing currently listed exclusively with another broker. However, if the listing broker, when asked by the MLS participant, refuses to disclose the expiration date and nature of such listing (i.e., an exclusive right-to-sell, an exclusive agency, open listing, or other form of contractual agreement between the listing broker and the client) the MLS participant may contact the owner to secure such information and may discuss the terms upon which the MLS participant might take a future listing or, alternatively, may take a listing to become effective upon expiration of any existing exclusive listing.
Standard 16.5 MLS participants shall not solicit buyer/tenant agreements from buyers/tenants who are subject to exclusive buyer/tenant agreements. However, if asked by an MLS participant, the broker refuses to disclose the expiration date of the exclusive buyer/tenant agreement, the MLS participant may contact the buyer/tenant to secure such information and may discuss the terms upon which the MLS participant might enter into a future buyer/tenant agreement or, alternatively, may enter into a buyer/tenant agreement to become effective upon the expiration of any existing exclusive buyer/tenant agreement. (Amended 1/98)
Standard 16.6 MLS participants shall not use information obtained
from listing brokers through offers to cooperate made through multiple
listing services or through other offers of cooperation to refer listing
brokers’ clients to other brokers or to create buyer/tenant relationships
with listing brokers’ clients, unless such use is authorized by listing
brokers. (Amended 11/01)
Standard 16.7 The fact that an agreement has been entered into with
an MLS participant shall not preclude or inhibit any other MLS participant
from entering into a similar agreement after the expiration of the prior
agreement. (Amended 1/98)
Standard 16.8
The fact that a prospect has retained an MLS participant as an exclusive
representative or exclusive broker in one or more past transactions does not
preclude other MLS participants from seeking such prospect’s future
business. (Amended 1/04)
Standard 16.9
MLS participants are free to enter into contractual relationships or to
negotiate with sellers/landlords, buyers/tenants or others who are not
subject to an exclusive agreement but shall not knowingly obligate them to
pay more than one commission except with their informed consent. (Amended
1/98)
Standard 16.10 When MLS participants are contacted by the client of another MLS participant regarding the creation of an exclusive relationship to provide the same type of service, and MLS participants have not directly or indirectly initiated such discussions, they may discuss the terms upon which they might enter into a future agreement or, alternatively, may enter into an agreement which becomes effective upon expiration of any existing exclusive agreement. (Amended 1/98)
Standard 16.11 In cooperative transactions, MLS participants shall compensate cooperating MLS participants (principal brokers) and shall not compensate nor offer to compensate, directly or indirectly, any of the sales licensees employed by or affiliated with other MLS participants without the prior express knowledge and consent of the cooperating broker.
Standard 16.12 MLS participants are not precluded from making general announcements to prospects describing their services and the terms of their availability even though some recipients may have entered into agency agreements or other exclusive relationships with another MLS participant. A general telephone canvass, general mailing, or distribution addressed to all prospects in a given geographical area or in a given profession, business, club, or organization, or other classification or group is deemed general for purposes of this rule. (Amended 1/04)
The following types of solicitations are prohibited: Telephone or personal solicitations of property owners who have been identified by a real estate sign, multiple listing compilation, or other information service as having exclusively listed their property with another MLS participant; and mail or other forms of written solicitations of prospects whose properties are exclusively listed with another MLS participant when such solicitations are not part of a general mailing but are directed specifically to property owners identified through compilations of current listings, for sale or for rent signs, or other sources of information intended to foster cooperation with MLS participants. (Amended 1/04)
Standard 16.13 MLS participants, prior to entering into a representation agreement, have an affirmative obligation to make reasonable efforts to determine whether the prospect is subject to a current, valid exclusive agreement to provide the same type of real estate service. (Amended 1/04)
Standard 16.14 MLS participants, acting as buyers or tenants representatives or brokers, shall disclose that relationship to the seller/landlord’s representative or broker at first contact and shall provide written confirmation of that disclosure to the seller/landlord’s representative or broker not later than execution of a purchase agreement or lease. (Amended 1/04)
Standard 16.15 On unlisted property, MLS participants acting as buyer/tenant representatives or brokers shall disclose that relationship to the seller/landlord at first contact for that buyer/tenant and shall provide written confirmation of such disclosure to the seller/landlord not later than execution of any purchase or lease agreement. (Amended 1/04)
MLS participants shall make any request for anticipated compensation from the seller/ landlord at first contact.
Standard 16.16 MLS participants, acting as representatives or brokers of sellers/landlords or as subagents of listing brokers, shall disclose that relationship to buyers/tenants as soon as practicable, and shall provide written confirmation of such disclosure to buyers/tenants not later than execution of any purchase or lease agreement. (Amended 1/04)
Standard 16.17 MLS participants are not precluded from contacting the
client of another broker for the purpose of offering to provide, or entering
into a contract to provide, a different type of real estate service
unrelated to the type of service currently being provided (e.g., property
management as opposed to brokerage) or from offering the same type of
service for property not subject to other brokers’ exclusive agreements.
However, information received through a multiple listing service or any
other offer of cooperation may not be
used to target clients of other MLS participants to whom such offers to
provide services may be made. (Amended 1/04)
Standard 16.18 MLS participants, acting as subagents or buyer/tenant representatives or brokers, shall not use the terms of an offer to purchase/lease to attempt to modify the listing broker’s offer of compensation to subagents or buyer/tenant representatives or brokers, or make the submission of an executed offer to purchase/lease contingent on the listing broker’s agreement to modify the offer of compensation. (Amended 1/04)
Standard 16.19 All dealings concerning property exclusively listed or with buyer/tenants who are subject to an exclusive agreement shall be carried on with the client’s representative or broker, and not with the client, except with the consent of the client’s representative or broker or except where such dealings are initiated by the client. (Amended 1/04)
Before providing substantive services (such as writing a purchase offer or presenting a CMA) to prospects, MLS participants shall ask prospects whether they are a party to any exclusive representation agreement. MLS participants shall not knowingly provide substantive services concerning a prospective transaction to prospects who are parties to exclusive representation agreements, except with the consent of the prospects’ exclusive representatives or at the direction of prospects. (Adopted 1/03, Amended 1/04)
Standard 16.20 Participants, users, and subscribers, prior to or after terminating their relationship with their current firm, shall not induce clients of their current firm to cancel exclusive contractual agreements between the client and that firm. This does not preclude participants from establishing agreements with their associated licensees governing assign ability of exclusive agreements. (Adopted 1/98)
Standard 16.21 These rules are not intended to prohibit ethical, albeit aggressive or innovative business practices, and do not prohibit disagreements with other MLS participants involving commission, fees, compensation, or other forms of payment or expenses.
Standard 16.22 MLS participants shall not knowingly or recklessly make false or misleading statements about competitors, their businesses, or their business practices.
Section 16.23 MLS participants’ firm websites shall disclose the
firm’s name and state(s) of licensure in a reasonable and readily apparent
manner.
Websites of licensees affiliated with a participant’s firm shall disclose
the firm’s name and the licensee’s state(s) of licensure in a reasonable and
readily apparent manner. (Adopted 11/07)
Section 16.24 MLS participants shall present a true picture in their advertising and representations to the public, including the URLs and domain names they use, and participants may not:
The Internet Data Exchange (IDX)
Note: These model rules, originally adopted in November 2001, are updated
to reflect comprehensive enhancements to the IDX policy approved in May
2005.
Section 17 IDX Defined
IDX affords MLS participants the option of authorizing display of their
active listings on other participants’ Internet Web sites.
Section 17.1 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 17.2 Participation
Section 17.2.1 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 17.2.2 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 17.2.3 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 sites or their other Web site(s) the listing or property address of consenting sellers.
Section 17.2.4 Participants may select the listings they choose to display on their IDX sites based only on objective criteria including, but not limited to, factors such as geography or location ("uptown", "downtown", etc.), list price, type of property, (e.g., condominiums, cooperatives, single-family detached, multi-family),
days.
Section 17.2.6 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 17.2.7 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 17.3 Display of listing information pursuant to IDX is subject to the following rules:
Note: All of the following rules are optional but, if adopted, can not be modified. Select those rules which apply to your IDX program and number the sections accordingly.
Section 17.3.1 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 17.3.1.1 The type of listing agreement (e.g., exclusive right to sell, exclusive agency, etc.) may not be displayed on IDX sites.
Section 17.32 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 data 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 17.3.3 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 17.3.4 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 17.3.6 All listings displayed pursuant to IDX shall show the MLS as the source of the information.
Section 17.3.7 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 17.3.8 The data consumers can retrieve or download in response to an inquiry shall be limited to _15____ listings per search.
Section 17.3.9 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 17.3.10 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 17.3.11 Display of expired, withdrawn, and pending listings is prohibited.
Section 17.3.12 Display of seller’s(s’) and/or occupant’s(s’) name(s), phone number(s), and email address(es) is
prohibited.
Note: The following Sections 17.3.14 and 17.3.15 may be adopted by MLSs that provide participants with a "persistent" download (i.e., where the MLS database resides on participants’ servers) of the MLS database.
Section 17.3.13 Participants are required to employ appropriate security protection such as firewalls, provided that any security measures required may not be greater than those employed by the MLS.
Section 17.3.14 IDX operators must maintain an audit trail of consumer activity on the IDX site and make that information available to the MLS if the MLS believes the IDX site has caused or permitted a breach in the security of the data or a violation of MLS rules related to use by consumers.
Section 17.4 Service fees and charges for participation in IDX shall be as established annually by the Board of Directors. (Adopted 11/01, Amended 5/05)
The "DSC Section" Rule provisions
LOCK BOXES
Section 18
No multiple listing service need use lock boxes and no listing broker need use a lock box on a property, but if the multiple listing service does offer the lock boxes, it must make them available to anyone who participates in the multiple listing service, whether an association member or not. Nothing shall prevent the owner’s right to refuse to have a lock box on his property.A lock box is a container affixed to property containing a device to gain access to the property being marketed by a participant in the MLS. Participants in the MLS or their salespersons (and licensed or certified appraisers affiliated with the participants) are authorized under certain conditions to open these lock boxes under terms specified by the listing broker. Cooperating brokers and sales licensees, whether functioning as subagents of the listing broker or as agents of potential purchasers, must contact the listing broker to disclose their agency status and to arrange appointments to show listed property even if the property has a lock box affixed to it unless the listing broker has given specific permission (through information published in the MLS or otherwise) to show the property without first contacting the listing broker.
If an association or its multiple listing service elects to engage in the sale, rental, or distribution of lock boxes to its members or be involved in any way with the sponsorship or endorsement of a common lock box system, the lock box security requirements as established by the NATIONAL ASSOCIATION OF REALTORS® shall be the minimum security measures adopted and implemented in connection with such lock box system. Eligibility for coverage under the National Association’s blanket errors and omissions insurance program is contingent on compliance with the lock box security requirements whether the system is operated by the association, its MLS, or on behalf of an association by a recognized lock box vendor. (Amended 11/90) M
| Section 18.1 |
| Eligibility for coverage under NAR’s blanket errors and omissions insurance program is contingent on compliance with the following security measures whether the system is operated by the association, its MLS, or on behalf of an association by a recognized lock box vendor: |
1. Any key, programmer, or other device by which a lock box can be opened shall be non-duplicative. By "non duplicative" it is not meant that the key is necessarily covered by a current patent but that it cannot be readily copied in the manner that other types of keys ordinarily are.
2. Keys must be obtained from the original manufacturer, from a recognized vendor or lock box systems, or from any other legitimate source. Prior to utilizing previously-used keys, lids, or boxes, information shall be obtained from the original manufacturer to determine whether the key's pattern, code or configuration is already in the use by other Boards, Multiple Listing Services, or other users in the vicinity. Surrounding Boards and Multiple Listing Services shall also be contacted to determine whether the key’s pattern, code or configuration is currently in use.
3. The Greater Alexandria Area Association of Realtors (GAAAR) has adopted the Supra Lock Box System, which uses electronic key cards. The lock box system is an activity of a Board-owned and operated Multiple Listing Service. Administration of the lock box system is an activity of the Board-owned and operated Multiple Listing Service. Every MLS Participant and every non-principal broker, sales licensee, or licensed or certified appraiser who is affiliated with an MLS Participant and who is legally eligible for MLS access is eligible to hold a key card subject to their execution of a lease agreement with the MLS.
In the case of non-principal brokers, sales licensees, and licensed or certified appraisers, the lease agreement shall be co-signed by the designated REALTOR or the office's broker of record. Lease agreements shall spell out the responsibilities of the parties and shall incorporate by reference any applicable rules or regulations or other governing provisions of the Board or MLS that relate to the operation of the lock box system. The lease agreement shall also provide that key cards may not be used under any circumstances by anyone other than the key holder except as provided elsewhere in this statement of policy. (Amended 2/98)
Associations and multiple listing services may, at their discretion,
authorize unlicensed personal assistants, administrative and clerical staff,
and individuals seeking licensure as real estate appraisers, who are under
the direct supervision of a designated REALTOR®, or MLS participant, or
their licensed designee, to hold a lock box key on the same terms and
conditions as non-principal brokers and sales licensees. (Adopted 11/93)
Associations and multiple listing services may refuse to sell or lease
lock box keys, may terminate existing key lease agreements, and may refuse
to activate or reactivate any key held by an individual convicted of a
felony or misdemeanor if the crime, in the determination of the association
or MLS, relates to the real estate business or puts clients, customers, or
other real estate professionals at risk.
Associations or multiple listing services may suspend the right of lock box
key holders to use lock box keys following their arrest and prior to their
conviction for any felony or misdemeanor which, in the determination of the
association or MLS, relates to the real estate business or which puts
clients, customers, or other real estate professionals at risk.
Factors that can be considered in making such determinations include, but
are not limited to:
• the nature and seriousness of the crime
• the relationship of the crime to the purposes for limiting lock box access
• the extent to which access (or continued access) might afford opportunities to engage in similar criminal activity
• the extent and nature of past criminal activity
• time since criminal activity was engaged in
• evidence of rehabilitation while incarcerated or following release and
• evidence of present fitness (Adopted 11/99)
Administration of a lock box system as an activity of an association of
REALTORS® may, at the discretion of the association, be delegated to its
multiple listing service.
No one shall be required to lease a key from the association except on a
voluntary basis.
Associations and multiple listing services may, at their discretion, lease
keys to affiliate members of associations who are actively engaged in a
recognized field of real estate practice or in related fields. In such
instances, the lease agreement shall be signed by the keyholder and by a
principal, partner, or corporate officer of the keyholder’s firm. (Amended
11/97)
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. (Amended 11/97)
4. The Board of REALTORS shall maintain current records as to all key cards issued and in inventory. There shall be an audit, at lease annually, of all key cards, whether issued or in inventory. This requirement may be satisfied by a physical inventory or, alternatively, by receipt of a statement signed by the key-holder and the designated REALTOR, broker of record, or in the case of an Affiliate Member, by a principal, partner or corporate officer of the key holder's firm, attesting that the key card is currently in possession of the key holder.
If at the time of inventory a key card is unaccounted for, or if a key holder refuses or is unable to demonstrate that the key card is within their physical control, then the key card will be considered unaccounted for and any funds on deposit will be forfeited to the Board.
A payment of $ 120.00 for electronic programmers or electronic keypads which are leased, but which can be deactivated within thirty (30) days, may be required as a matter of local determination. (Adopted 11/95)
5. Associations shall require a substantial deposit from each key holder in an amount that will establish an awareness of personal liability for such key. The initial deposit shall not be less than $25 or more than $200. Deposits for a first replacement key lost or stolen shall be not less than two (2) times nor more than three (3) times the amount of the initial deposit and not less than three (3) times nor more than four (4) times the amount of the initial deposit for second or additional replacement keys. Deposits for keys shall be kept in a special account for refund upon return of the key unless forfeited upon loss of the key. Notwithstanding the foregoing, deposits charged affiliate members may be no more than twice the amounts established above.
If, at the time of inventory, a key is unaccounted for, or if a key holder refuses or is unable to demonstrate that the key is within their physical control, then the key will be considered unaccounted for and any funds on deposit will be forfeited to the association.
Deposits for electronic programmers or electronic keycards which are leased but which can be deactivated within thirty (30) days may be required as a matter of local determination. (Adopted 11/95)
6. Lock boxes may not be places on a property without written authority from the seller. This authority may be established in the listing contract or in a separate document created specifically for the purpose. Inclusion in MLS compilations cannot be required as a condition of placing lock boxes on listed property. (Amended 11/05)
7. The Board of REALTORS shall charge key holders and their co-signatories with the joint obligation of immediately reporting lost, stolen, or otherwise unaccountable for key cards to the Board. Upon receipt of notice, the Board shall take any steps deemed necessary to rescuer the system.
8. The Board of REALTORS shall adopt written, reasonable, and appropriate rules and procedures for administration of lock box systems, which may include appropriate fines, not to exceed $5000.00. Any issuing fees, recurring fees, or other administrative costs shall be established at the discretion of the key lease agreement, to be bound by the rules and procedures governing the operation of the lock box system. (Amended 11/05)
9. Notwithstanding the foregoing, the Board of REALTORS may sell electronic lock box programmers to keypads to MLS Participants and others eligible to hold lock box keys pursuant to these requirements provided that such devices may be deactivated, if necessary, within a reasonable period not to exceed thirty (30) days and that the Participant has authorized the sale in writing. In the event electronic lock box programmers or keypads are sold or leased, a designated REALTOR principal or an office's broker of record may purchase or lease additional programmers or keypads to be issued on a temporary basis to other key-holders in the same office 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 issuing Board or MLS. When a programmer or keypad is issued on a temporary basis, it shall be the responsibility of the REALTOR principal or the broker of record to advise the Board or MLS in writing that the programmer or key-pad has been issued, to whom, and the date and time of issuance within forty-eight (48) hours. It shall also be the responsibility of the REALTOR principal or the broker of record, to advise the Board or MLS in writing within forty-eight (48) hours after possession of the previously issued programmer or keypad has been reassumed. (Adopted 4/95)
Virtual Office Website
Section 19.1 (a): A Virtual Office Website ("VOW") is a Participant’s Internet website, or a feature of a Participant’s website, through which the Participant is capable of providing real estate brokerage services to consumers with whom the Participant has first established a broker-consumer relationship (as defined by state law) where the consumer has the opportunity to search MLS Listing Information, subject to the Participant’s oversight, supervision, and accountability. A non-principal broker or sales licensee affiliated with a Participant may, with his or her Participant’s consent, operate a VOW. Any VOW of a non-principal broker or sales licensee is subject to the Participant’s oversight, supervision, and accountability.
(b) As used in Section 19 of these Rules, the term "Participant" includes a Participant’s affiliated non-principal brokers and sales licensees – except when the term is used in the phrases "Participant’s consent" and "Participant’s oversight, supervision, and accountability". References to "VOW" and "VOWs" include all VOWs, whether operated by a Participant, by a non-principal broker or sales licensee, or by an Affiliated VOW Partner ("AVP") on behalf of a Participant.
(c) "Affiliated VOW Partner" ("AVP") refers to an entity or person designated by a Participant to operate a VOW on behalf of the Participant, subject to the Participant’s supervision, accountability and compliance with the VOW Policy. No AVP has independent participation rights in the MLS by virtue of its right to receive information on behalf of a Participant. No AVP has the right to use MLS Listing Information except in connection with operation of a VOW on behalf of one or more Participants. Access by an AVP to MLS Listing Information is derivative of the rights of the Participant on whose behalf the AVP operates a VOW.
(d) As used in Section 19 of these Rules, the term "MLS Listing Information" refers to active listing information and sold data provided by by Participants to the MLS and aggregated and distributed by the MLS to Participants.
Section 19.2 (a): The right of a Participant’s VOW to display MLS Listing Information is limited to that supplied by the MLS(s) in which the Participant has participatory rights. However, a Participant with offices participating in different MLSs may operate a master website with links to the VOWs of the other offices.
(b) Subject to the provisions of the VOW Policy and these Rules, a Participant’s VOW, including any VOW operated on behalf of a Participant by an AVP, may provide other features, information, or functions, e.g. Internet Data Exchange ("IDX").
(c) Except as otherwise provided in the VOW Policy or in these Rules, a Participant need not obtain separate permission from other MLS Participants whose listings will be displayed on the Participant’s VOW.
Section 19.3 (a): Before permitting any consumer to search for or retrieve any MLS Listing Information on his or her VOW, the Participant must take each of the following steps:
(i) The Participant must first establish with that consumer a lawful broker-consumer relationship (as defined by state law), including completion of all actions required by state law in connection with providing real estate brokerage services to clients and customers (hereinafter "Registrants"). Such actions shall include, but are not limited to, satisfying all applicable agency, non-agency, and other disclosure obligations, and execution of any required agreements.
(ii) The Participant must obtain the name of, and a valid email address for, each Registrant. The Participant must send an email to the address provided by the Registrant confirming that the Registrant has agreed to the Terms of Use (described in subsection (d) below). The Participant must verify that the email address provided by the Registrant is valid and that the Registrant has agreed to the Terms of Use.
(iii) The Participant must require each Registrant to have a user name and a password, the combination of which is different from those of all other Registrants on the VOW. The Participant may, at his or her option, supply the user name and password or may allow the Registrant to establish its user name and password. The Participant must also assure that any email address is associated with only one user name and password.
(b) The Participant must assure that each Registrant’s password expires on a date certain but may provide for renewal of the password. The Participant must at all times maintain a record of the name, email address, user name, and current password of each Registrant. The Participant must keep such records for not less than 180 days after the expiration of the validity of the Registrant’s password.
(c) If the MLS has reason to believe that a Participant’s VOW has caused or permitted a breach in the security of MLS Listing Information or a violation of MLS rules, the Participant shall, upon request of the MLS, provide the name, email address, user name, and current password, of any Registrant suspected of involvement in the breach or violation. The Participant shall also, if requested by the MLS, provide an audit trail of activity by any such Registrant.
(d) The Participant shall require each Registrant to review, and
affirmatively to express agreement (by mouse click or otherwise) to, a
"Terms of Use" provision that provides at least the following:
i. That the Registrant acknowledges entering into a lawful
consumer-broker relationship with the Participant;
ii. That all information obtained by the Registrant from the VOW is
intended only for the Registrant’s personal, non-commercial use;
iii. That the Registrant has a bona fide interest in the purchase,
sale, or lease of real estate of the type being offered through the VOW;
iv. That the Registrant will not copy, redistribute, or retransmit
any of the information provided except in connection with the Registrant’s
consideration of the purchase or sale of an individual property;
v. That the Registrant acknowledges the MLS’s ownership of, and the
validity of the MLS’s copyright in, the MLS database.
(e) The Terms of Use Agreement may not impose a financial obligation
on the Registrant or create any representation agreement between the
Registrant and the Participant. Any agreement entered into at any time
between the Participant and Registrant imposing a financial obligation on
the Registrant or creating representation of the Registrant by the
Participant must be established separately from the Terms of Use, must be
prominently labeled as such, and may not be accepted solely by mouse click.
(f) The Terms of Use Agreement shall also expressly authorize the
MLS, and other MLS Participants or their duly authorized representatives, to
access the VOW for the purposes of verifying compliance with MLS rules and
monitoring display of Participants’ listings by the VOW. The Agreement may
also include such other provisions as may be agreed to between the
Participant and the Registrant.
Section 19.4: A Participant’s VOW must prominently display an e-mail address, telephone number, or specific identification of another mode of communication (e.g., live chat) by which a consumer can contact the Participant to ask questions, or get more information, about any property displayed on the VOW. The Participant, or a non-principal broker or sales licensee licensed with the Participant, must be willing and able to respond knowledgeably to inquiries from Registrants about properties within the market area served by that Participant and displayed on the VOW.
Section 19.5: A Participant’s VOW must employ reasonable efforts to monitor for, and prevent, misappropriation, "scraping", and other unauthorized use of MLS Listing Information. A Participant’s VOW shall utilize appropriate security protection such as firewalls as long as this requirement does not impose security obligations greater than those employed concurrently by the MLS.
(NOTE: MLSs may adopt rules requiring Participants to employ specific security measures, provided that any security measure required does not impose obligations greater than those employed by the MLS.)
Section 19.6 (a): A Participant’s VOW shall not display listings or property addresses of any seller who has affirmatively directed the listing broker to withhold the seller’s listing or property address from display on the Internet. The listing broker shall communicate to the MLS that the seller has elected not to permit display of the listing or property address on the Internet. Notwithstanding the foregoing, a Participant who operates a VOW may provide to consumers via other delivery mechanisms, such as email, fax, or otherwise, the listings of sellers who have determined not to have the listing for their property displayed on the Internet.
(b) A Participant who lists a property for a seller who has elected not to have the property listing or the property address displayed on the Internet shall cause the seller to execute a document that includes the following (or a substantially similar) provision:
Seller Opt-Out Form
1.Please check either Option a or Option b
a.[ ] I have advised my broker or sales agent that I do not want the listed property to be displayed on the Internet.
OR
b.[ ] I have advised my broker or sales agent that I do not want the address of the listed property to be displayed on the Internet.
2. I understand and acknowledge that, if I have selected option a, consumers who conduct searches for listings on the Internet will not see information about the listed property in response to their search.
___________
initials of seller
(c) The Participant shall retain such forms for at least one year from the date they are signed, or one year from the date the listing goes off the market, whichever is greater.
Section 19.7:
(a) Subject to subsection (b), a Participant’s VOW may allow third-parties (i) to write comments or reviews about particular listings or display a hyperlink to such comments or reviews in immediate conjunction with particular listings, or (ii)
display an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing
(b) Notwithstanding the foregoing, at the request of a seller the Participant shall disable or discontinue either or both of those features described in subsection (a) as to any listing of the seller. The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all Participants’ websites. Subject to the foregoing and to Section 19.8, a Participant’s VOW may communicate the Participant’s professional judgment concerning any listing. A Participant’s VOW may notify its customers that a particular feature has been disabled "at the request of the seller."
Section 19.8: A Participant’s VOW shall maintain a means (e.g., e-mail address, telephone number) to receive comments from the listing broker about the accuracy of any information that is added by or on behalf of the Participant beyond that supplied by the MLS and that relates to a specific property displayed on the VOW. The Participant shall correct or remove any false information relating to a specific property within 48 hours following receipt of a communication from the listing broker explaining why the data or information is false. The Participant shall not, however, be obligated to correct or remove any data or information that simply reflects good faith opinion, advice, or professional judgment.
Section 19.9: A Participant shall cause the MLS Listing Information available on its VOW to be refreshed at least once every three (3) days.
Section 19.10: Except as provided in these rules, the National Association of Realtors® VOW Policy, or any other applicable MLS rules or policies, no Participant shall distribute, provide, or make accessible any portion of the MLS Listing Information to any person or entity.
Section 19.11: A Participant’s VOW must display the Participant’s privacy policy informing Registrants of all of the ways in which information that they provide may be used.
Section 19.12: A Participant’s VOW may exclude listings from display based only on objective criteria, including, but not limited to, factors such as geography, list price, type of property, cooperative compensation offered by listing broker, and whether the listing broker is a REALTOR®.
Section 19.13: A Participant who intends to operate a VOW to display MLS Listing Information must notify the MLS of its intention to establish a VOW and must make the VOW readily accessible to the MLS and to all MLS Participants for purposes of verifying compliance with these Rules, the VOW Policy, and any other applicable MLS rules or policies.
Section 19.14: A Participant may operate more than one VOW himself or herself or through an AVP. A Participant who operates his or her own VOW may contract with an AVP to have the AVP operate other VOWs on his or her behalf. However, any VOW operated on behalf of a Participant by an AVP is subject to the supervision and accountability of the Participant.
MLS/Chairperson