MULTIPLE LISTING SERVICE
RULES
AND 
REGULATIONS
REVISED JANUARY 2012
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 




GREATER LAS VEGAS ASSOCIATION OF REALTORS®

MLS RULES AND REGULATIONS

TABLE OF CONTENTS

PREAMBLE   8

ARTICLE 1  8

MLS DEFINED   8

ARTICLE 2  8

MEMBERSHIP DEFINED   8

A.    Participation: 8

B.    Participant or Designated REALTOR®: 9

C.    Subscriber: 9

D.    Lockbox System: 10

E.    Inactivation of Membership: 10

F.    Return of Evidence of Membership: 10

G.    Waivers: 10

H.    Membership Certifications Period: 10

ARTICLE 3  11

APPLICATION, MEMBERSHIP, FEES, DEPOSITS & DUES  11

A.    Fees: 11

B.    Termination: 11

C.    Non-Member Processing Fees: 11

SECTION 1  11

LISTING PROCEDURES  11

Section 1.0      Listing Procedures: 11

EXCLUSIVE RIGHT TO SELL LISTING: 12

EXCLUSIVE AGENCY LISTING: 12

TYPES OF PROPERTIES: 13

Section 1.1 Listing Subject to Rules and Regulations of the Service: 13

Section 1.2 Detail on Listings Filed with the Service: 13

Section 1.2(a)                                                                                                Assessor Land Use Code: 13

Section 1.3 Exempted Listings: 13

Section 1.4 Changes in Status of Listing: 14

Section 1.5 Withdrawal of Listing Prior to Expiration: 14

Section 1.6 Contingencies Applicable to Listings: 14

Section 1.7 Listing Price Specified: 14

Section 1.8 Listing Multiple Parcel Properties: 14

Section 1.9 No Control of Commission Rates Or Fees Charged By Participants: 14

Section 1.10 Expiration, Extension and Renewal of Listings: 14

Section 1.11 Termination Date on Listings: 15

Section 1.12 Jurisdiction: 15

Section 1.13 Listings of Suspended Participants: 15

Section 1.14 Listings of Expelled Participants: 15

Section 1.15 Listings of Resigned Participants: 16

SECTION 1.16  MERCHANTABLE TITLE                                                                                                            16

SECTION 2  16

SELLING AND LEASING PROCEDURES  16

Section 2.0 Showings and Negotiations: 16

Section 2.1 Presentation of Offers: 16

Section 2.2 Submission of Written Offers: 16

Section 2.3 Right of Cooperating Broker in Presentation of Offers: 16

Section 2.4 Right of Listing Broker in Presentation of Counter-Offer: 16

Section 2.5 Reporting Changes to the Service: 17

Section 2.7 Advertising Of Listing Filed with Service: 17

Section 2.8 Reporting Cancellation Of Pending Sale: 17

Section 2.9 Delivery to Buyer and Seller(s): 17

SECTION 3  17

REFUSAL TO SELL   17

Section 3.0 Refusal To Sell: 17

SECTION 4  17

PROHIBITIONS  17

Section 4.0 Information for Participants Only: 17

Section 4.1 "For Sale" Signs: 17

Section 4.2 "Sold" Signs: 18

Section 4.3 Solicitation Of Listings Filed with the Service: 18

Section 4.4 Seller(s) Exclusions: 18

SECTION 5  18

DIVISION OF COMMISSIONS  18

Section 5.0 Compensation Specified on Each Listing: 18

Amount of Compensation: 19

Compensation Negotiations: 19

Forms of Compensation Offered: 19

Note 2:  Adjustment of Compensation: 19

Note 3:  Division of Compensation: 19

Section 5.1 Participant as Principal: 20

Section 5.2 Participant as Purchaser: 20

Section 5.3 Dual or Variable Rate Commission Arrangements: 20

SECTION 6  20

LISTING REQUIREMENTS  20

Section 6.1 Standard Forms: 20

Section 6.2 Sold Prior To Filing With Service: 20

Section 6.3 Termination: 20

Section 6.4 Exclusions, Variable Commissions: 20

Section 6.6 Document Availability: 20

Section 6.7 Showing: 21

Section 6.8 Advertised Sales Price: 21

SECTION 7  21

COMPLIANCE WITH RULES  21

Section 7.0 Compliance with Rules: 21

Section 7.1 Applicability of Rules to Users and/or Subscribers: 21

Section 7.2 Restoration of Privileges: 21

Section 7.3 Public and Private ID's: 21

SECTION 8  22

RULES OF SUSPENSION/SANCTION   22

Section 8.1 Grounds for Suspension of Service from the Multiple Listing Service: 22

Section 8.2 Broker Supervision of Member Subscribers: 22

SECTION 9  22

ENFORCEMENT OF RULES OR DISPUTES  22

Section 9.0 Consideration of Alleged Violations: 22

Section 9.1 Violations of Rules and Regulations: 22

Section 9.2 Complaints of Unethical Conduct: 23

Section 9.3 Remedies for Violations: 23

Section 9.4 Billing and Payment: 23

Section 9.5 Infractions by Committee members: 23

SECTION 10  23

CONFIDENTIALITY OF MLS INFORMATION   23

Section 10.0 Confidentiality of MLS Information: 23

Section 10.1 MLS Not Responsible for Accuracy of Information: 23

Section 10.2 Access To Comparable and Statistical Information: 23

SECTION 11  24

OWNERSHIP OF MLS COMPILATIONS* AND COPYRIGHTS  24

Section 11.0  24

Section 11.1  24

Section 11.2  24

SECTION 12  24

USE OF COPYRIGHTED MLS COMPILATIONS  24

Section 12.0 Distribution: 24

Section 12.1 Display: 25

Section 12.2 Reproduction: 25

Section 12.3 Limitations on Use of MLS Information: 26

SECTION 13  27

INTERNET DATA EXCHANGE PROGRAM    27

Section 13.0 Definitions. 27

Section 13.1 Re-publication of IDX Database on Internet Permitted: 28

Section 13.2 Authorization to Display IDX Listings: 28

Section 13.3 Display of Current Information: 28

Section 13.4 Modification of Data: 28

Section 13.5 Disclosure of Data Source: 28

Section 13.6 Display Requirements: 29

Section 13.7 Accuracy of the IDX Database: 29

Section 13.8 Control of IDX Data: 29

Section 13.9 Protection of Data: 29

Section 13.10  Abuse of the IDX Program: 30

SECTION13.11    PARTICIPATION                                                                                                                                                     30

SECTION 14  31

CHANGES IN RULES AND REGULATIONS  31

Section 14.1 NAR Mandated Articles: 31

SECTION 15  31

ARBITRATION OF DISPUTES  31

Section 15.0 Arbitration of Disputes: 31

SECTION 16  32

STANDARDS OF CONDUCT FOR MLS PARTICIPANTS  32

Section 16.1  32

Section 16.2  32

Section 16.3  32

Section 16.4  32

Section 16.5  32

Section 16.6  32

Section 16.7  32

Section 16.8  33

Section 16.9  33

Section 16.10  33

Section 16.11  33

Section 16.12  33

Section 16.13  33

Section 16.14  34

Section 16.15  34

Section 16.16  34

Section 16.17  34

Section 16.18  34

Section 16.19  34

Section 16.20  35

Section 16.21  35

Section 16.22  35

SECTION 17  35

ORIENTATION   35

Section 17.0 Orientation: 35

Section 17.1 Appraiser Orientation: 35

SECTION 18  35

GENERAL POWER & DUTIES  35

Section 18.1 COMMITTEE AUTHORITY: 35

Section 18.2 ANNUAL BUDGET: 35

SECTION 19  36

PARTICIPANT MEETING   36

Section 19.1 PARTICIPANT’S MEETING: 36

Section 19.2 WRITTEN NOTICE: 36

Section 19.3 ORDER OF BUSINESS: 36

Section 19.4 NOMINATING COMMITTEE: 36

Section 19.5 ELECTION COMMITTEE: 36

Section 19.6 QUALIFICATIONS: 37

Section 19.7 VOTING: .37

Section 19.8 PROXY: 37

Section 19.9 QUORUM: 37

Section 19.10 SPECIAL MEETING: 37

SECTION 20  38

COMMITTEE MEMBERS, NUMBER, TERM, QUALIFICATIONS  38

Section 20.1 COMMITTEE: 38

Section 20.2 QUORUM: 38

Section 20.3 FIRST MEETING: 38

Section 20.4 ELECTION OF OFFICERS: 38

Section 20.5 REGULAR MEETING: 38

Section 20.6 SPECIAL MEETING: 39

Section 20.7 VACANCIES: 39

Section 20.8 ATTENDANCE: 39

Section 20.9 RESIGNATIONS: 39

 

 

SECTION 21____________________________________________________________________________41

 

VIRTUAL OFFICE WEBSITE (VOW ) RULES

Section 21.1                                                                                                                                                           41                                                                    

Section 21.2                                                                                                                                                           42

Section 21.3                                                                                                                                                           42

Section 21.4                                                                                                                                                           44

Section 21.5                                                                                                                                                           44

Section 21.6                                                                                                                                                           44

Section 21.7                                                                                                                                                           45

Section 21.8                                                                                                                                                           46

Section 21.9                                                                                                                                                           46

Section 21.10                                                                                                                                                         46

Section 21.11                                                                                                                                                         46

Section 21.12                                                                                                                                                         46

Section 21.13                                                                                                                                                         46

Section 21.14                                                                                                                                                         47

Section 21.15                                                                                                                                                         47

Section 21.16                                                                                                                                                         47

Section 21.17                                                                                                                                                         47

Section 21.18                                                                                                                                                         47

Section 21.19                                                                                                                                                         48

Section 21.20                                                                                                                                                         48

Section 21.21                                                                                                                                                         48

Section 21.22                                                                                                                                                         48

Section 21.23                                                                                                                                                         48

Section 21.24                                                                                                                                                         48

Section 21.25                                                                                                                                                         48

 


GREATER LAS VEGAS ASSOCIATION OF REALTORS®

MLS RULES AND REGULATIONS

 

 

PREAMBLE

The Multiple Listing Service of the Greater Las Vegas Association of REALTORS® is authorized and constituted under Article XX of the Bylaws.

 

REALTOR® and Non-member Brokers, in good standing, shall be eligible to participate in this Service provided that the Broker of the firm shall agree in writing to conform to these Rules and Regulations, including the payment of the dues, service charges, fines and assessments.

 

Adherence of the Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS® shall be a privilege and obligation of a Member of the Multiple Listing Service.  Non-member MLS Participants shall be required to adhere to and follow the MLS Standards of Conduct.

 

ARTICLE 1

MLS DEFINED

 

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 non-agency 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 among the Participants so that they 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).

 

ARTICLE 2

MEMBERSHIP DEFINED

 

A.        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.

 

 

A non-member applicant for MLS Participation who is a principal, partner, corporate officer or branch office manager acting on behalf of a principal, shall supply evidence satisfactory to the Association's Membership Committee that has no record of recent or pending bankruptcy; has no record of official sanctions involving unprofessional conduct; agrees to complete a course of instruction as specified in Section 17 of these Rules and Regulations and  shall pass such reasonable and non-discriminatory written examination thereon as may be required by the MLS; and shall agree that if elected as Participant, he will abide by such Rules and Regulations and pay the MLS fees and dues, including the non-member differential (if any), as from time to time established and agree to arbitrate contractual disputes with other Participants. Under no circumstances is any individual or firm entitled to MLS Participation or Membership unless they hold a current, valid Nevada real estate broker's license and offer or accept cooperation and 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 the Association's Multiple Listing Service is strictly limited to the activities authorized under a Participant's licensure(s) or certification and unauthorized uses are prohibited.  Further, none of the foregoing is intended to convey Participation or Membership or any right of access to information developed by the Association's Multiple Listing Service where access to such information is prohibited by law.  Non-Member Participants admitted to the Multiple Listing Service of the Greater Las Vegas Association of REALTORS® may not use the official registered Multiple Listing Service logo of the NATIONAL ASSOCIATION OF REALTORS®.

 

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.

 

B.        Participant or Designated REALTOR®:

Where the term REALTOR® is used in this explanation of policy in connection with the word "Member" or the word "Participant", it shall be construed to mean the REALTOR® principal or principals of this or any other Board/Association, or a firm comprised of REALTOR® principals participating in a Multiple Listing Service owned and operated by the Association.  It shall not be construed to include individuals other than a principal or principals who are REALTOR® Members of this or any other Board/Association, or who are legally entitled to participate without Association membership.  However, under no circumstances is any individual or firm, regardless of membership status, entitled to MLS "Membership" or "Participation" unless they hold a current, valid real estate broker's license and are capable of offering and accepting cooperation and 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.

 

C.        Subscriber:

The term "subscriber" refers to non-principal brokers, sales licensees, and licensed and certified real estate appraisers affiliated with an MLS Participant and includes a Participant's affiliated unlicensed administrative and clerical staff, personal assistants, and individuals seeking licensure or certification as real estate appraisers provided that any such individual is under the direct supervision of an MLS Participant or the Participant's licensed designee.  If such access is available to unlicensed individuals, their access is subject to the Rules and Regulations, the payment of applicable fees and charges (if any), and the limitations and restrictions of state law.  None of the foregoing shall diminish the Participant's ultimate responsibility for ensuring compliance with the Rules and Regulations of the MLS by all individuals affiliated with the Participant.

 

NOTE:

All Licensees affiliated with a Participant of the Multiple Listing Service shall be Subscribers of the Multiple Listing Service, unless they are subscribers of the Greater Las Vegas Association of REALTORS® Commercial Alliance Las Vegas.

 

(1).  MLS Participant or the Participant's licensed designee shall be solely responsible for payment of any fees for unlicensed individuals.

 

(2).  Each Subscriber shall be personally responsible for all his/her financial obligations, except as noted in Article 3A, or if the subscriber is dropped from an office without proper notification to the Association by the close of business on the 25th day of the month of the return of the Subscriber's license to the Real Estate Division by the Broker. In the case of failure of timely notice to the Association, the Broker will assume responsibility for all outstanding fees, fines, service charges and assessments owed by the subscriber to the Association.  All past due fees, fines and charges shall be paid by the Subscriber prior to transfer or reinstatement.  Service to the MLS shall be withheld until such open charges are paid in full.

 

D.        Lockbox System:

The lockbox system is designated as an activity of the Greater Las Vegas Association of REALTORS® and shall be administered as such.  (See GLVAR Policy 100-23).

 

E.        Inactivation of Membership:

A Participant in good standing may request inactive status to the MLS Committee in writing.  Such member in voluntary inactive status may re-enter the Service as a Participant provided he shall meet all requirements of membership fees hereinafter set forth in Article 3.

 

F.         Return of Evidence of Membership:

In the event of suspension, termination, or resignation from the Service, or revocation of the right to participate in the Service, all evidences of membership in possession of the Participant and/or Subscriber shall be returned forthwith to the Service.


G.        Waivers:

Subscribers who will not be using MLS services, due to the fact that they may be suffering from an extended illness or as otherwise provided by the Multiple Listing Service, may make written request to the MLS Committee on its approved form to waive MLS services for the period involved.  Each request will be reviewed according to an established criterion on an individual basis by the MLS Committee and applicant will be notified of the decision.  Any fee charged will be at the discretion of the MLS Committee upon approval of the Board of Directors.  The licensee may voluntarily or involuntarily void the waiver during any certification period.  If voluntarily voided, MLS services must be received and the full fee paid by the Subscriber for the remainder of the certification period.  If involuntarily voided, the Subscriber must pay the full fee for MLS Services for the entire certification period.  A Participant or Designated REALTOR® is not eligible for a waiver.

 

 

ARTICLE 3

APPLICATION, MEMBERSHIP, FEES, DEPOSITS & DUES

 

A.        Fees:

The semi annual fee of each Participant, Subscriber and unlicensed assistant shall be an amount equal to a fee set by resolution of the MLS Committee and adoption of the annual budget, or any modification thereof.  All service fees shall be paid semi annually in advance to MLS and are non-refundable.  Fees shall be filed on the fifteenth day of the month preceding the beginning of the billing period and will be due on the first of the month following the billing.  If not paid by the 5th of the month access to the MLS System and Supra System will be suspended and a late fee of Fifty Dollars ($50.00) shall be assessed to the Subscriber. NOTE: If the 5th of the month falls on a Friday, weekend or holiday access to the MLS System and Supra System will be suspended on the following business day. Paying only one of the services or not paying the late fee will cause all services to remain suspended.  On the 6th of the month, all outstanding fees shall be billed to the Broker with a notice that should any fees remain unpaid by the 25th of the month, service to the office will be suspended and all subscribers will be notified accordingly.  Fees for unlicensed assistants shall be paid semi annually by the employing Participant and/or Subscriber.  If a member wishes to contest the late fee, after having paid it, the member may complete a Request for Adjustment of Dues, Fees or Fines within thirty (30) days of the late fee infraction. (revised April 2010)

 

B.        Termination:

Participants or subscribers of both the Multiple Listing Service and the Commercial Listing Service who elect to drop the Multiple Listing Service shall be subject to an administrative fee of $25.00 unless they submit a thirty (30) day written notice to the Multiple Listing Service.  Participants, who request inactive status, may reactivate by paying a reinstatement fee, set by resolution of the MLS Committee, plus the regular current monthly fees.

 

C.        Non-Member Processing Fees:

Any non-member applicant, prior to subscribing to the Multiple Listing Service shall pay an initial administrative processing fee of $75.00. 


 

SECTION 1

LISTING PROCEDURES

 

Section 1.0          Listing Procedures:

Listings of real or personal property, which are listed subject to a real estate broker's license, located within the territorial jurisdiction of the Association, taken by Participants shall be delivered to the Multiple Listing Service within two (2) business days after all necessary signatures of Seller(s) have been obtained.  The MLS shall also accept valid property management agreements.  The Broker having the right to add, change status, terms, and rental rate per the approved listing contract.

 

Methods of submitting listings to the Service shall be in accordance with the guidelines established by the Multiple Listing Service.

 

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 the standard "Property Data Form" designated by the Association is required by the Multiple Listing Service.  However, the Multiple Listing Service, through its legal counsel may:

 

(1)   Reserve the right to refuse to accept a listing form which fails to adequately protect the interest of the public and Participant, and

(2)   Assure that no listing form filed with the Multiple Listing Service establishes, directly or indirectly, any contractual relationship between the Multiple Listing Service and the client (Buyer or Seller(s).

 

The Multiple Listing Service shall accept Exclusive Right to Sell listing contracts and Exclusive Agency listing contracts, which make it possible for the listing broker to offer compensation to the other Participants of the Multiple Listing Service acting as buyer agents.  The full gross listing price shall be stated in the contract.  .  The MLS shall also accept valid property management agreements.  The Broker having the right to add, change status, terms, and rental rate per the approved listing contract.

 

The Service shall not accept net listings because they are deemed unethical and, in most states illegal.  Open listings are not accepted except where required by law because the inherent nature of an open listing is such as to usually not include the authority to cooperate and compensate other brokers and inherently provides a disincentive for cooperation.

 

The Service shall not accept any listing agreement that provides that cooperative compensation cannot be offered or paid to a cooperating broker if the purchaser holds a particular license or credential, engages in a particular trade or profession, or if the range of potential purchasers is otherwise arbitrarily restricted. This does not affect specifically named prospects in listing agreements as set forth below. [7/23/09]

 

 

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.  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.

 

The listing agreement must include the Seller(s) authorization to submit the listing to the MLS. 

 

NOTE: The following terms shall be defined as follows:

 

EXCLUSIVE RIGHT TO SELL LISTING:

A contractual agreement under which the listing broker becomes the agent of the seller(s) and the seller(s) agrees to pay a commission to the listing broker, regardless of whether the property is sold through the efforts of the listing broker, the seller(s) or anyone else; and a contractual agreement under which the listing broker becomes the agent of the seller(s) and the seller(s) agrees to pay a commission to the listing broker regardless of whether the property is sold through the efforts of the listing broker, the seller(s) or anyone else, except that the seller(s) may name one or more individuals or entities as exemptions in the listing agreement and if the property is sold to any exempted individual or entity, the seller(s) is not obligated to pay a commission to the listing broker. 

 

EXCLUSIVE AGENCY LISTING:

A contractual agreement under which the listing broker becomes the agent of the seller(s) and the seller(s) agrees to pay a commission to the listing broker if the property is sold through the efforts of any real estate broker.  If the property is sold solely through the efforts of the seller(s), the seller(s) is not obligated to pay a commission to the listing broker. 

 

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.

 

The Exclusive Agency listing also authorized 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 listing 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 ensure that different codes or symbols are used to denote Exclusive Agency and Exclusive Right to Sell listings with prospect reservations.  

 

The only listings acceptable to the Multiple Listing Service shall be:

1.   Exclusive Right to Sell, Exchange or Lease

2.   Exclusive Agency

 

TYPES OF PROPERTIES:

Following are some of the types of properties that may be published through the Service and other types that may be filed with the Service at the Participant's option provided, however, that any listing submitted is entered into within the scope of the Participant's licensure as a real estate broker:

 

1.         Single Family Residence

2.         Condominium/Townhouses

3.         Mobile/Manufactured Housing

4.         Multiple Dwelling (limited to Duplex, Triplex, Fourplex and House+)

5.         Land         

6.         Rental

7.         Builder

 

Section 1.1          Listing 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 which is ascertainable as specified on the Property Data Form. 

 

Section 1.2(a)     Assessor Land Use Code:

Listings must be added into the computer only in the class that concurs with the Assessor's Land Use Code.

 

Section 1.3          Exempted Listings:

If a 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 not be disseminated to the Participants.  All exemptions shall be filed on the Instruction to Exclude form with MLS staff, within 2 business days of signing.

 

Section 1.4    Changes in Status of Listing:

Any changes 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 two (2) business days, after obtaining all signatures, by way of the Multiple Listing Service system available to the Member. 

 

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(s) and the listing broker, which authorizes the withdrawal.  The withdrawal may be conditional or unconditional.

 

Sellers do not have the unilateral right to require a Multiple Listing Service 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(s). 

 

Section 1.6          Contingencies Applicable to Listings:

Any contingency or conditions of any term in a listing (excepting financing) shall be specified and noticed to the Participants.  Suggested acts are sale of buyer's property, release of liens, short sale approval, court approval, zoning approval and inspections.

 

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. (See MLS Policy # 11 Definitions of Status). 

 

 

Section 1.8          Listing Multiple Parcel Properties:

All properties, which are to be or 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, Extension and Renewal of Listings:

Any listing filed with the Multiple Listing Service automatically expires on the dates specified in the agreement unless renewed by the listing broker and notice of renewal or extension is filed with the Service prior to expiration. 

 

If notice of renewal or extension is dated after the expiration date of the original listing, then a new listing must be secured for the listing to be filed with the Service.  It should then be published as a new listing.  Any extension or renewal of a listing must be signed by the Seller(s) and be filed with the Service. 

 

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(s).

 

Section 1.12        Jurisdiction:

Only listings of the designated types of property located within the jurisdiction of the Greater Las Vegas Association of REALTORS® are required to be submitted to the Service.  Listing of property located outside the state of Nevada will be accepted if submitted voluntarily by a Participant, but are not required by the Service and will be charged a listing fee.

 

NOTE: Clark County, Nevada and such other areas as are from time to time allocated to the Association by the Board of Directors of the NATIONAL ASSOCIATION OF REALTORS® being within the jurisdiction of the Greater Las Vegas Association of REALTORS®, will not be charged a listing fee. 

 

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, or Standards of Conduct for MLS Participation, Association Bylaws, MLS Rules and Regulations or Policies, 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 Association (except where MLS participation without Association membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees or charges, an Association 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 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 or Standards of Conduct for MLS Participation, Association Bylaws, MLS Rules and Regulations or Policies, 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 Association (except where MLS Participation without Association membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees or charges, an Association 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.

 

Section 1.16        Merchantable Title:

With one exception noted herein, the MLS shall accept only listings wherein the seller has merchantable title at the time of the listing.  For purposes of this rule, merchantable title means that the seller holds both legal and equitable title.  The sole exception is a seller who purchased the listed property at a Trustee’s Sale, the title to which may take up to thirty (30) days to record by law. [adopted 10/28/10]

 

 

SECTION 2

SELLING AND LEASING PROCEDURES

 

Section 2.0          Showings and Negotiations:

Appointments for showings and negotiations with the Seller(s) 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.

 

Section 2.1          Presentation of Offers:

The listing broker must make arrangements to present the offer as soon as possible, or give the cooperating broker a satisfactory reason for not doing so.

 

Section 2.2          Submission of Written Offers:

All written offers received by the listing office, whether from another broker or through the listing office, shall be time stamped by the listing office, with the date and time received.  All offers must be presented to the Seller(s) in their chronological order.  The listing broker shall submit to the Seller(s) all written offers until closing unless precluded by law, government rule, and regulation or agreed otherwise in writing between the Seller(s) 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(s) obtain the advice of legal counsel prior to acceptance of the subsequent offer.

 

Section 2.3          Right of Cooperating Broker in Presentation of Offers:

The cooperating broker or his representative has the right to participate in the presentation to the Seller(s) or Lessor(s) of any offer he secures to purchase or lease.  He does not have the right to be present at any discussion or evaluation of that offer by the Seller(s) or Lessor(s) and the listing broker.  However, if the Seller(s) or Lessor(s) 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.  The listing office must present all offers as soon as possible, after all signatures are obtained.

 

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(s) or Lessor(s).  He does not have the right to be present at any discussion or evaluation of a counter-offer by the purchaser or lessee.  However, if the purchaser or lessee gives written instructions to the cooperating broker that the listing broker not be present when a counter-offer is presented, the listing broker has the right to a copy of the purchaser's or lessee's written instructions.

 

Section 2.5          Reporting Changes to the Service:

Sales, leases and the renewal, fulfillment or cancellation of contingencies shall be reported to the Service by the listing office within two (2) business days, after all signatures have been obtained.  The listing office shall be responsible for all notices to the Service as required when member offices or non-member offices sell properties in the Service.  All closed sales and sales prices shall be reported to the Association within two (2) business days.

 

Sales of listed property shall be reported promptly to the MLS by listing brokers unless negotiations were carried on directly between a cooperating participant and the seller. In those instances, status changes, including final closing of sales, shall be reported to the multiple listing service by the listing broker within 48 hours after acceptance and recordation.  If negotiations were carried on under Section 2* hereof, the cooperating broker shall report the accepted offers and prices to the listing broker within 48 hours after acceptance and the listing broker shall report the status change to the MLS within 48 hours after receiving notice from the cooperating broker.

 

*This section refers to negotiations carried on when the listing agent has authorized the selling agent to deal directly with the buyer.

 

Note 1: The listing agreement of a property filed with the MLS by the listing broker should include a provision expressly granting the listing broker authority to advertise; to file the listing with the MLS; to provide timely notice of status changes of the listing to the MLS; and to provide sales information including selling price to the MLS upon sale of the property. If deemed desirable by the MLS to publish sales information prior to final closing (settlement) of a sales transaction, the listing agreement should also include a provision expressly granting the listing broker the right to authorize dissemination of this information by the MLS to its participants.

Note 2: In disclosure states, if the sale price of a listed property is recorded, the reporting of the sale price may be required by the MLS.

In states where the actual sale prices of completed transactions are not publicly accessible, failure to report sale prices can result in disciplinary action only if the MLS:

1. categorizes sale price information as confidential and

2. limits use of sale price information to participants and subscribers in providing real estate services, including appraisals and other valuations, to customers and clients; and to governmental bodies and third-party entities only as provided below.

The MLS may provide sale price information to governmental bodies only to be used for statistical purposes (including use of aggregated data for purposes of valuing property) and to confirm the accuracy of information submitted by property owners or their representatives in connection with property valuation challenges; and to third-party entities only to be used for academic research, statistical analysis, or for providing services to participants and subscribers. In any instance where a governmental body or third-party entity makes sale price information provided by the MLS available other than as provided for in this provision, a listing participant may request the sale price information for a specific property be withheld from dissemination for these purposes with written authorization from the seller, and withholding of sale price information from those entities shall not be construed as a violation of the requirement to report sale prices.

Note 3: As established in the Virtual Office Website (“VOW”) policy, sale prices can only be categorized as confidential in states where the actual sale prices of completed transactions are not accessible from public records.)

 

 

Section 2.6          Advertising Of Listing Filed with Service:

A listing shall not be advertised by any Participant, other than the listing broker, without the prior consent of the listing broker. However, Participants that have not specifically declined ("opt-out") may display the current IDX Listings on their Internet web sites pursuant to these Rules and Regulations and GLVAR's MLS Policies.

 

Section 2.7          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 2.8          Delivery to Buyer and Seller(s):

A copy of the signed and dated purchase contract shall be presented immediately to the Buyer(s) and Seller(s).

 

SECTION 3

REFUSAL TO SELL

 

Section 3.0          Refusal to Sell:

If the Seller(s) 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. 

 

SECTION 4

PROHIBITIONS

 

Section 4.0          Information for Participants Only:

Any listing filed with the Service shall not be made available to any broker or firm not a Member of the MLS without the prior consent of the listing broker. 

 

Section 4.1          "For Sale" Signs:

Only the "For Sale" sign of the listing broker may be placed on a property. 

 

Section 4.2          "Sold" Signs:

Prior to closing, only the "Sold" sign of the listing broker may be placed on a property, unless the listing broker authorizes the cooperating (selling) broker to post such a sign.

 

Section 4.3          Solicitation Of Listings 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, it's Standards of Practice and it's Case Interpretations.

 

Section 4.4            Seller(s) Exclusions:

If a Seller(s) wishes to exclude a specific Participant or Subscriber from compensation he may do so in writing to his listing agent.  The listing agent shall notify in writing said excluded Participant or Subscriber and MLS immediately upon receipt of the letter.  Such information will remain confidential and shall not be disseminated outside the parties directly involved.

 

SECTION 5

DIVISION OF COMMISSIONS

 

Section 5.0          Compensation Specified on Each Listing:

The listing broker shall specify, on each listing filed with the Multiple Listing Service, the compensation offered to other Multiple Listing Service Participants for their services in the sale of such listing.

 

Such offers are unconditional except that entitlement to compensation is determined by the cooperating broker's performance as the procuring cause of the sale (or lease).  The listing broker's obligation to compensate any cooperating broker as the procuring cause of the sale (or lease) may be excused if it is determined through arbitration that, through no fault of the listing broker and in the exercise of good faith and reasonable care, it was impossible or financially unfeasible for the listing broker to collect a commission pursuant to the listing agreement.  In such instances, entitlement to cooperative compensation offered through MLS would be a question to be determined by an arbitration hearing panel based on all relevant facts and circumstances including, but not limited to, why it was impossible or financially unfeasible for the listing broker to collect some or all of the commission established in the listing agreement; at what point in the transaction did the listing broker know (or should have known) that some or all of the commission established in the listing agreement might not be paid; and how promptly had the listing broker communicated to cooperating brokers that the commission established in the listing agreement might not be paid. 

 

Note 1: In filing a property with the Multiple Listing Service of an Association 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.

 

5.0.1 Participants must disclose, in the appropriate data field, potential short sales when reasonably known to the listing participant. When disclosed, the listing participant may, at his/her discretion, advise other participants whether and how any reduction in the gross commission established in the listing agreement, required by the seller’s lender(s) as a condition of approving the short sale, will be apportioned between the listing and cooperating participants. Such communication regarding the commission must be made in Agent to Agent remarks.

 

5.0.2 Participants must disclose, in the appropriate data field, that a sale is subject to court approval when reasonably known to the listing participant. When disclosed, the listing participant may, at his/her discretion, advise other participants whether and how any reduction in the gross commission established in the listing agreement, required by the court as a condition of approving the sale, will be apportioned between the listing and cooperating participants. Such communication regarding the commission must be made in Agent to Agent remarks prior to the time they submit an offer that ultimately results in a successful transaction.(Amended 1/11)

 

Amount of Compensation:

The listing broker retains the right to determine the amount of compensation offered to other Participants (acting as buyer agents, or in other agency capacities defined by law) which may be the same or different.

This shall not preclude the listing Participant from offering any MLS Participant compensation other than the compensation indicated on any listing published by the service provided the listing broker informs the other Participant, in writing, in advance of his/her submitting an offer to purchase or sales agreement, and provided that the modification in the specified compensation is not the result of any agreement among all or any other Participants in the service.  Any superseding offer of compensation must be expressed as either a percentage of the gross sales price or as a flat dollar amount.

 

Compensation Negotiations:

The Association 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 Association Multiple Listing Service shall not publish the total negotiated commission on a listing which has been submitted to the MLS by a Participant.  The Association Multiple Listing Service shall not disclose in any way the total commission negotiated between the Seller(s) and the listing broker.

 

Forms of Compensation Offered:

The compensation specified on listings filed with the Multiple Listing Service shall appear in one of two forms.  The essential and appropriate requirement by an Association 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 submitting 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

 

Multiple Listing Services shall not publish listings that do not include an offer of compensation expressed as a percentage of the gross selling price or as a definite dollar amount, nor shall they include general invitations by listing brokers to other Participants to discuss terms and conditions of possible cooperative relationships.

 

Note 2:                 Adjustment of Compensation:

The listing broker may, from time to time, adjust the compensation being offered to other Multiple Listing Service Participants for their services with respect to any listing by advance published notice to the Service so that all Participants will be advised.

 

Note 3:                 Division of Compensation:

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.

 

Section 5.1          Participant as Principal:

If a Participant or any licensee (including licensed and certified appraisers) affiliated with the Participant wishes to acquire an interest in property listed with another Participant, such contemplated interest shall be disclosed, in writing, to the listing broker not later than the time an offer to purchase is submitted to the listing broker. 

 

Section 5.2          Participant as Purchaser:

If a Participant or any licensee (including licensed and certified appraisers) affiliated with a Participant wishes to acquire an interest in property listed with another Participant, such contemplated interest shall be disclosed, in writing, to the listing broker not later than the time an offer to purchase is submitted to the listing broker.

 

Section 5.3          Dual or Variable Rate Commission Arrangements:

The existence of a DUAL or VARIABLE rate commission arrangement (i.e., one in which the seller agrees to pay a specified commission if the property is sold/leased by the listing broker without assistance and a different commission if the sale/lease results through the efforts of a cooperating broker; or one in which the seller 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) 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.  If the cooperating broker is a buyer/tenant representative, the buyer/tenant representative must disclose such information to their client before the client makes an offer to purchase or lease.

 

SECTION 6

LISTING REQUIREMENTS

 

Section 6.1          Standard Forms:

 The Multiple Listing Service standard forms shall not be used by anyone except the Subscribers of the Service.

 

Section 6.2          Sold Prior To Filing With 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 the signature of the Seller(s).  In the event property so listed is sold before it is filed with the Service, normal listing and selling procedures shall apply.

 

Section 6.3          Termination:

All listings submitted to the Service shall bear a definite commencement and final termination date as required by law.

 

Section 6.4          Exclusions, Variable Commissions:

Exclusions from a listing or a variable commission agreement must be disclosed to Subscribers and disseminated through the Service.

 

Section 6.6          Document Availability:

Listings of properties subject to inclusion in the Multiple Listing Service taken by Participants shall be delivered upon request of the Multiple Listing Service Committee or authorized staff members of the Greater Las Vegas Association of REALTORS® within five (5) days of the date of request.  If the listing is received by mail, the envelope or a copy must be included if received past the required time limit.

 

Section 6.7          Showing:

When showing a vacant property or showing a property when the occupant is not present, a salesperson must leave his business card with the time and date noted on the card.

 

Section 6.8          Advertised Sales Price:

If an MLS number is used in advertising, the advertised price must be the price listed with the Service.

 

SECTION 7

COMPLIANCE WITH RULES

 

Section 7.0        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

a.  letter of warning

b.  letter of reprimand

c.  attendance at MLS orientation or other appropriate courses or seminars which the participant or subscriber can reasonably attend taking into consideration cost, location, and duration

d.  appropriate, reasonable fine not to exceed $15,000

e.  probation for a stated period of time not less than thirty (30) days nor more than one (1) year

f.  suspension of MLS rights, privileges, and services for not less than thirty (30) days nor more than one (1) year

g.  termination of MLS rights, privileges, and services with no right to reapply for a specified period not to exceed three (3) years.

 

Section 7.1          Compliance with Rules:

The following action may be taken for noncompliance with the rules:

 

(a.) For failure to pay any service charge or fee within one (1) month of the date due, and provided that at least fifteen (15) days notice has been given, the Service shall be automatically suspended until service charges, fees or fines are paid in full or other arrangements satisfactory to the MLS Committee and Board of Directors are made

 

(b.) For failure to comply with any other rule, the provisions of Sections 9 and 9.1 shall apply.

 

Section 7.2          Applicability of Rules to Users and/or Subscribers:

Participants, 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.

 

Section 7.3          Restoration of Privileges:

In no event shall the rights and privileges of membership be restored until all outstanding fees, charges or assessments have been paid and violations, if any, have been brought into compliance with these Rules & Regulations and Policies. 

 

Section 7.4          Public and Private ID's: 

The Multiple Listing Service shall issue to every MLS Participant, the Subscriber licensees and administrative assistants affiliated with the Participant and licensed or certified appraisers who have access to and use of the MLS through the Participant, a Public and Private ID.  The Private ID shall not be loaned, shared, disclosed or allowed to come into the possession of any other person with the exception of the Designated REALTOR® and/or Office Administrator, who shall be required to keep all Private ID's in their possession strictly confidential.  The Public and Private ID's shall be limited in their use to only the purposes permitted by the Rules and Regulations of the Multiple Listing Service and shall be used for no other purposes whatsoever.  Disclosure of a Private ID which results in access to the Multiple Listing Service by an unauthorized third party (i.e. any person other than the broker and his/her agent is a "third party') whether such disclosure is the result of intention or negligence, the Subscriber shall be subject to the following sanctions:  first offense, $500.00;  second offense, $1,000.00;  third offense, revocation of ID. 

 

SECTION 8

RULES OF SUSPENSION/SANCTION

 

Section 8.1          Grounds for Suspension of Service from the Multiple Listing Service:

Any member found to have failed to abide by a membership duty (i.e., violation of the Code of Ethics, or Standards of Conduct for Multiple Listing Service participation, Association Bylaws, MLS Rules and Regulations or Policies of the MLS, or other membership obligation) may be suspended from the service, provided there has been appropriate notification of the violation, the member's right of due process has been properly fulfilled and the member has received sufficient advance notification of the intent to suspend service to notify their clients.  For failure of any member to pay appropriate dues, fees, fines or charges in a timely manner (as provided for in Article 3, A of these Rules and Regulations and/or by GLVAR Policy #300-18) service may be suspended.  Fifteen (15) days prior to suspension for non-payment the member must be mailed notice of possible suspension with similar notification to the Broker.  In case of suspension for non-payment, member service will be re-instated upon full payment of outstanding funds.  If a member is suspended or expelled from REALTOR® membership for violation of the Code of Ethics or for any other reason that licensee shall not have any access to the MLS as a non-member.

 

Section 8.2            Broker Supervision of Member Subscribers:

It is the responsibility of the Participant to maintain adequate supervision of a salesman or broker-salesman associated with him.  If a salesman or broker-salesman is found to be in repeated violation of these Rules & Regulations and the Policies of the MLS, the Participant may be requested to appear before the MLS Committee and may be assessed fines or sanctions equal to those assessed to the associate.


 

SECTION 9

ENFORCEMENT OF RULES OR DISPUTES

 

Section 9.0          Consideration of Alleged Violations:

The Committee shall give consideration to all written complaints having to do with violations of the Rules and Regulations.

 

Section 9.1          Violations of Rules and Regulations:

If the alleged offense is a violation of the Rules and Regulations of the Service and does not involve a charge of alleged violation of one or more of the provisions of Section 16 of the Rules and Regulations or a request for arbitration, it may be administratively considered and determined by the Multiple Listing Service Committee. If a violation is determined, the MLS Committee may direct the imposition of sanctions provided the recipient of such sanction may request a hearing by the Professional Standards Committee of the Association in accordance with the Bylaws and Rules and Regulations of the Association of REALTORS®. 

 

If, rather than conducting an administrative review, the Multiple Listing Service Committee has a procedure established to conduct hearings, the decision of the Multiple Listing Service Committee hearing tribunal may be appealed to the Association of REALTORS® Board of Directors.  Alleged violations of Section 16 of the Rules and Regulations shall be referred to the Association's Grievance Committee for processing in accordance with the professional standards procedures of the Association, except that if the charge alleges a refusal to arbitrate, such charge shall be referred directly to the Board of Directors of the Association.

 

Section 9.2          Complaints of Unethical Conduct:

All other complaints of unethical conduct shall be referred by the Committee to the Secretary of the Association for appropriate action in accordance with the Professional Standards procedures established in the Association's Bylaws.

 

Section 9.3          Remedies for Violations:

The Multiple Listing Service reserves the right to establish a schedule of fines, approved by the Board of Directors, for violations of the Rules and Regulations, which shall apply as specified in the Policies of the Multiple Listing Service.

 

Section 9.4          Billing and Payment:

All fines will be billed to the Subscriber with notice to the Participant, and fines must be paid within 15 days of the assessment of the fine.  Any fines not paid within 15 days of the assessment of the fine will be added to the next semi annual MLS bill and become a part of the regular MLS bill.  The Participant or Subscriber has the right to appeal to the MLS Committee in which case the fine will be stayed until final disposition.

 

Section 9.5          Infractions by Committee members:

In the event a possible infraction involving a committee member or a subscribing licensee in his member firm is to be considered by the MLS Committee, that committee member shall be excluded from any committee deliberation involving said infraction.


 

SECTION 10

CONFIDENTIALITY OF MLS INFORMATION

 

Section 10.0        Confidentiality of MLS Information:

Any information provided by the Multiple Listing Service to the Participants shall be considered official information of the service.  Such information shall be considered confidential and exclusively for the use of Participants and real estate licensees affiliated with such Participants and those Participants who are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property and licensed or certified appraisers affiliated with such Participants.

 

Section 10.1        MLS Not Responsible for Accuracy of Information:

The information published and disseminated by the Service is communicated, verbatim, without change by the Service, as filed with the Service by the Participant.  The Service does not verify such information provided and disclaims any responsibility for its accuracy.  Each Participant agrees to hold the Service harmless against any liability arising from any inaccuracy or inadequacy of the information such Participant provides.  In this regard, any IDX Listings displayed by a Participant on their web site or selected national aggregator must include a disclaimer stating, "This information is deemed reliable but is not guaranteed."

 

Section 10.2        Access To Comparable and Statistical Information:

Association members who are actively engaged in real estate brokerage, management, mortgage financing, appraising, land development, or building, but who do not participate in the MLS, are nonetheless entitled to receive, by purchase or lease, all information other than current listing information that is generated wholly or in part by the MLS, including "comparable" information, "sold" information and statistical reports.  This information is provided for the exclusive use of Association members and individuals affiliated with Association members who are also engaged in the real estate business and may not be transmitted, re-transmitted or provided in any manner to any unauthorized individual, office or firm except as otherwise provided in these Rules and Regulations.

 

SECTION 11

OWNERSHIP OF MLS COMPILATIONS* AND COPYRIGHTS

 

Section 11.0

 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.

 

Section 11.1

 All right, title, and interest in each copy of every Multiple Listing compilation created and copyrighted by the Greater Las Vegas Association of REALTORS® and in the copyrights therein, shall at all times remain vested in the Greater Las Vegas Association of REALTORS®.

 

Section 11.2

 Each Participant shall be entitled to lease from the Greater Las Vegas 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 certified appraisers) with such Participant, with one copy of such compilation.  The Participant shall pay for each such copy the rental fee set by the Association.  Participants shall acquire by such lease only the right to use the MLS compilations in accordance with these Rules.

 

*NOTE: The term "MLS Compilation," as used in Sections 11 and 12 herein, shall be construed to include any format in which property listing data is collected and disseminated to the Participants, including, but not limited to, bound book, loose-leaf binder, computer database, card file or any other format whatever.

 

SECTION 12

USE OF COPYRIGHTED MLS COMPILATIONS

 

Section 12.0        Distribution:

Participants shall at all times maintain control over and responsibility for each copy of any MLS compilation leased to them by the Association of REALTORS®, and shall not distribute any such copies to persons other than Subscribers who are affiliated with such Participant as licensees, those individuals who are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property and any other Subscribers as authorized pursuant to the governing documents of the MLS.  Use of information developed by or published by an Association Multiple Listing Service is strictly limited to the activities authorized under a Participant's licensure(s) or certification, and unauthorized uses are prohibited.  Further, none of the foregoing is intended to convey "Participation" or "Membership" or any right of access to information developed or published by an Association Multiple Listing Service where access to such information is prohibited by law.

 

Section 12.1        Display:

Participants, and those persons affiliated as licensees with such Participants shall be permitted to display the MLS Compilation to prospective purchasers only in conjunction with their ordinary business activities of attempting to locate ready, willing and able buyers for the properties described in said MLS Compilation.  In addition, Participants that have not specifically declined ("opt-out") may display the current IDX Data on their Internet web sites or selected national aggregator pursuant to these Rules and Regulations and GLVAR's MLS Policies.

 

Section 12.2        Reproduction:

Participants or their affiliated licensees shall not reproduce any MLS Compilation or any portion thereof except in the following limited circumstances.

 

Participants or their affiliated licensees may reproduce from the MLS compilation and distribute to prospective purchasers, a reasonable* number of single copies of property listing data contained in the MLS compilation which relate to any properties in which the prospective purchasers are, or may, in the judgment of the Participants or their affiliated licensees, be interested.

 

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, re-transmitted or provided in any manner to any unauthorized individual, office or firm, except over the Internet in the manner authorized by these Rules and Regulations and the GLVAR MLS Policies.  None of the foregoing shall be construed to prevent any individual legitimately in possession of current listing information, sold information, comparables, or statistical information from utilizing such information to support an estimate of value on a particular property for a particular client.  However, only such information that an Association or Association-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.

 

*NOTE: 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 purchasers expressed desires and ability to purchase, whether the reproductions were made on a selective basis, and whether the type of properties contained in the property listing data is consistent with a normal itinerary of properties which would be shown to the prospective purchaser.

 

Section 12.3        Limitations on Use of MLS Information:

Use of information from MLS compilation of current listing information, from the Association's Statistical Report, or from any sold or comparable report of the Association or MLS for public mass media advertising by an MLS Participant or in other public representations may not be prohibited.

 

However, any print or non-print forms of advertising or other forms of public representations based in whole or in part on information supplied by the Association or it's 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 Las Vegas Association of REALTORS® Multiple Listing Service for the period _____date______ through _____date______."

 

SECTION 13

INTERNET DATA EXCHANGE PROGRAM

 

Section 13.0        Definitions.

 

Branding:  Uniqueness to easily identify a specific entity, such things as logos, and catch phrases all add to a sites branding.

 

Body:  A rectangular space whose borders are delimited by the utmost extent in each direction of the listing text and photo data.

 

Framing:  Is placing another web page "within" your own web page, giving the impression of ownership rights.

 

Scraping:  The distribution of listings without the permission of the originating Broker.

 

Internet Data Exchange ("IDX"): A reciprocal agreement between Brokers to allow them to display each other's listings on the Internet in accordance with the GLVAR MLS Rules and Regulations and the MLS Policies.  Advertising permission is for Internet display ONLY and does not include other means of advertising such as newspapers and magazines.

 

GLVAR's Internet Data Exchange Program: The Program consists of the GLVAR MLS Rules and Regulations as amended to allow IDX and the GLVAR MLS Policies.

 

Internet Data Exchange Participant ("IDX Participant"): Any Broker that has not specifically declined ("opt-out") to allow his listings to be advertised by other Brokers over the Internet in accordance with GLVAR's IDX Program.

 

Internet Data Exchange Subscriber ("IDX Subscriber"): Any IDX Participant, or MLS subscriber with approval and supervision from their IDX Participant, that has not specifically declined ("opt-out") with GLVAR, entitling the IDX Subscriber to a unique "URL" via a listing replacement technique of the IDX Listings in that IDX Subscriber's web site and selected national aggregator.

 

Internet Data Exchange Database ("IDX Database or IDX Listings"): All of the data from the combined listings of the IDX Participants, except for those where the Seller has specifically refused to allow his property to be advertised over the Internet. This information will be updated continuously as information is updated in the MLS.  The only data that may be displayed are the following:

 

Address

Elementary School

Minimum Ceiling Height

Type Description

# Bldgs

Energy Description

Minimum Square footage

Type/Style Description

# Employees

Equestrian Description

Miscellaneous Description

Uncovered Parking

# Fireplaces

Estimated Close Date

ML #

Unit Amenities Description

# Floors

Existing Use

Model

Utilities Description

# Parking

Exterior Description

Name of Master Plan Community

Utilities

# Units

Family Room Description

Num of Parking Slots

Utilities Include

2nd Bedroom Dimensions

Family Room Dimensions

Number of Furnished Units

Utility Information

2nd Dimensions

Fence

Occupancy Description

Warehouse Size

3 Phase

Fence Description

Office Size

Washer

3/4 Baths

Fenced Yard

Original List Price

Washer/Dryer

3 Phase

Finished Sqft Divisible

Other Appliance Description

Water

3rd Bedroom Dimensions

Fire Alarm

Oven Description

Year Built

4th Bdrm Dimensions

Fire Sprinkler

Oven Fuel

Year Round School

4th Bedroom Description

Fireplace Description

Owner Carry

Zip

5th Bedroom Description

Fireplaces

Package Available

Zoning

5th Bedroom Dimension

Flood Insurance Y/N

Park Per Unit

Zoning Authority

Actual Close Date

Flood Zone

Parking Description

 

Add on Dimension

Flooring Description

Passenger Elevator

 

Additional Rooms

Foreclosure Commenced

Pet Refund

 

Administration Deposit

Free Standing Building

Pole Sign

 

Approx Total Office Sqft

Full Baths

Pool

 

Approximate Acreage

Furnishings Description

Pool Description

 

Association Fee

Garage

Price Per SqFt

 

Association Fee Includes

Garage Description

Private Pool

 

Associations Amenities Description

Ground Lease

Proj. Amenities Description

 

Baths

Ground Mounted Y/N

Prop. Amenities Description

 

Bed and Bath Downstairs

Half Baths

Property Condition

 

Bedroom Description

Handicap Adapted

Property Description

 

Beds

Heating Description

Property Type

 

Bld Allow Sqft

Heating Fuel

Recreation Facility

 

Bldg Desc

Heating Fuel Description

Refrigerator

 

Bldg Desc

High School

Rent able Sqft

 

Building Description

 

REPO/REPO

 

Building Sqft

House Faces

Restrictions

 

Bus Type

Interior Description

Restrictions Description

 

Business Form

Jr. High School

Road Description

 

Buyers Agent Public ID

Key Deposit

Roof Description

 

Buyer Broker

Kitchen Description

Roof Sign

 

Carport

L/O Package Includes

Roofing Description

 

Cleaning Deposit

LA Name

Sale Includes

 

Community Description

Land Information

Sales Price

 

Community Features

Landscape Description

Seating Capacity High

 

Community Pool Y/N

Landscape Sprinkler

Seating Capacity Low

 

Compactor

Lease Description

Security

 

Condo Docs

Lease Information

Security Deposit

 

Construction Description

Lease Term Description

Security Description

 

Contract Date

Lease Terms

Sellers Contribution

 

Contract With Property

Lease Type

Separate Meter

 

Converted Garage

Leased Rate

Sewer

 

Cooling Description

Leasing Information

Short Sale

 

Cooling Fuel

Licenses Required

Sold Terms

 

Cooling Fuel Description

List Price

SP/SqFt

 

Cost Per Unit

Living Room Description

Spa

 

County Name

Living Room Dimensions

Spa Description

 

Cumulative Days on Market (CDOM)

LO Name

Square Footage

 

Days On Market (DOM)

Loading Description

Status

 

Days Listing to Close

Location Description

Storage Description

 

Den/Other

Loft

Studio

 

Deposit

Lot Sqft

Style Description

 

Din/Fam Room Description

Management Available

Subdivision Name

 

Dining Room Description

 

Tenant Pays

 

Dining Room Dimension

Master Bdrm Bath Description

Tenant Pays Description

 

Dishwasher

Master Bedroom Description

Type

 

Disposal

Master Bedroom Dimension

 

 

Efficiency Studio

Master Plan

 

 

Electricity Description

Maximum Ceiling Height

 

 

Elem School

Maximum Square Foot

 

 

 


 

Section 13.1        Re-publication of IDX Database on Internet Permitted: 

A IDX Subscriber may re-publish all or a portion of the IDX Database on the Internet in accordance with these regulations, and the policies that GLVAR MLS may adopt from time to time.  Except as set forth in this section, all other rules and regulations remain in full force and effect.  Permission for re-publication is for Internet display ONLY and does not include other means of advertising such as newspapers and magazines.

 

The Participants' consent for display of their listings is given unless a Participant affirmatively notifies the GLVAR MLS that he/she refuses to permit other Participants to display his/her listings.    If a Participant refuses to permit the display of his/her listings, then that Participant may not use the IDX Listings.  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 13.2        Authorization to Display IDX Listings:

An Internet re-publication of another IDX Participant's listing shall not contain more (but may contain less) information than is contained in the data accessed from the GLVAR MLS.

 

Participation in IDX is available to all MLS participants engaged in real estate brokerage who consent to display of their listings by other participants.(Amended 11/09)

 

In order to be an IDX Subscriber, the Participant must be actively engaged in providing real estate brokerage services to buyers or sellers and must be an active member of the GLVAR MLS.

 

Section 13.3        Display of Current Information:

Access to IDX Listings is provided by a listing replacement technique to a mirror image of the MLS database and will be kept current.

 

Section 13.4        Modification of Data:

An IDX Participant may not modify or manipulate the data relating to another IDX Participant's listing.  This limitation does not refer to the design of the IDX Subscriber's web site, but refers to the actual data in each of the listings.

 

Section 13.5        Disclosure of Data Source: 

The GLVAR MLS approved icon and an explanation that the properties marked with the icon are provided courtesy of the GLVAR IDX Database must appear on any page on which listing data is displayed.

 

Section 13.6        Display Requirements:

Any search result identifying another IDX Participant's listing in a brief or "thumbnail" format shall bear the GLVAR MLS approved icon or the GLVAR MLS approved thumbnail icon immediately adjacent to the property information to identify the listing as an IDX listing.  IDX Subscribers will be provided with the logo and use requirements. Contact information or identified branding of the IDX Subscriber who owns the web site or any or its agents may not be displayed within the body of another IDX Participants listings.  A listing display may only include the following: text information about the listing, a photo of the property, the name of the listing Brokerage and the listing agent.

 

The following text needs to be included on all web pages:

       [IDX Logo] "The data relating to real estate for sale on this web site comes in part from the INTERNET DATA EXCHANGE Program of the Greater Las Vegas Association of REALTORS® MLS.  Real estate listings held by brokerage firms other than this site owner are marked with the IDX logo.

       "GLVAR deems information reliable but not guaranteed."

 

Verbiage below must be italicized:

Copyright XXXX of the Greater Las Vegas Association of REALTORS® MLS.  All rights reserved. (XXXX to be current year).

 

Any search result producing a detailed display of another IDX Participant's listing shall bear that IDX Participant's name, the listing agent's name; the GLVAR MLS approved icon, and GLVAR MLS's copyright notice (as seen above) immediately following the property information.  The IDX Participant's name, GLVAR MLS approved icon, and copyright notice shall be at least as large as the largest type size asked to display the listing data. 

 

Furthermore, the IDX Listings may not be shared with any unauthorized third party.  Any display of IDX Listings must contain a disclaimer indicating that the information being provided is for the consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.

 

Section 13.7        Accuracy of the IDX Database: 

Any search result identifying another IDX Participant's listing shall include the disclaimer "Information Deemed Reliable But Not Guaranteed."

 

Section 13.8        Control of IDX Data:

Any Internet web site used for publication of the IDX Database or any portion thereof must be controlled by an IDX Subscriber and advertised as that IDX Subscriber's Internet web site.

 

Section 13.9        Protection of Data:

MLS participants and subscribers may not use IDX-provided listings for any purpose other than display on their websites. This does not require participants to prevent indexing of IDX listings by recognized search engines. (Amended 11/09)

 

Section 13.10      Abuse of the IDX Program:

GLVAR MLS will monitor brokers who develop web sites using the IDX Data. If GLVAR MLS finds that an IDX Participant or Subscriber is misusing data, as per IDX Rules and Regulations, that the Participant, Subscriber and Broker will be notified of the wrongdoing by telephone, email and regular mail and be required to correct the problem within 5 business days.  If the offending party fails to correct the abuse within 5 business days after initial notification, their IDX feed will be immediately suspended.

 

Section 13.11 Participation:

 Participants must notify the MLS of their intention to establish an IDX site and make their IDX site directly accessible to the MLS for purposes of monitoring/ensuring compliance with applicable rules and policies.


Section 13.12

 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.

 

Section 13.13

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), cooperative compensation offered by listing brokers, type of listing (e.g., exclusive right to sell or exclusive agency), or the level of service being provided by the listing firm.  Selection of listings displayed on any IDX site must be independently made by each Participant.

 

Section 13.14

Participants must refresh all MLS downloads and refresh all MLS data at least once every three (3) days.

 

Section 13.15

Except as provided elsewhere in this policy or elsewhere in an MLS’s rules and regulations, an IDX site or Participant operating an IDX site may not distribute, provide, or make any portion of the MLS database available to any person or entity.

 

Section 13.16

All listings displayed pursuant to IDX shall identify the listing firm in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. (Amended11/09)

 

Section 13.17

Any IDX site that

a. allows third-parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or

b. displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing,

shall disable or discontinue either or both of those features as to the seller’s listings at the request 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. Except for the foregoing and subject to Section 18.2.9, a participant’s IDX site may communicate the participant’s professional judgment concerning any listing. Nothing shall prevent an IDX site from notifying its customers that a particular feature has been disabled at the request of the seller. (Adopted 11/09)

 

Section 13.18

Participants shall maintain a means (e.g., e-mail address, telephone number) to receive comments about the accuracy of any data or 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 IDX site. Participants shall correct or remove any false data or information relating to a specific property upon receipt of a communication from the listing broker or listing agent for the property explaining why the data or information is false. However, participants shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment. (Adopted 11/09)

 

 

 

 

SECTION 14

CHANGES IN RULES AND REGULATIONS

 

Section 14.0        Changes in Rules and Regulations:

Amendments to the Rules and Regulations of the Service shall be by a simple majority (51%) vote of the REALTOR® Participant members present at a regular or special meeting called in accordance with these Rules and Regulations, subject to the approval of the Greater Las Vegas Association of REALTORS® Board of Directors.

 

In the case of single or minor revisions to these Rules, which do not substantially affect policy, a vote by either mail or electronic means may be held.  A simple majority of the respondents shall constitute acceptance or rejection of the requested change, except as noted below.  Any such mail vote will offer three options:

 

1.  a Yes vote to accept the changes in the Rules.

2.  a No vote to reject the change in the Rules.

3.  a Call for a Meeting.

 

If the Yes vote is less than a simple majority of 51% of all votes, all No votes shall be counted as a Call for a Meeting vote and a meeting shall be called.

 

Section 14.1        NAR Mandated Articles:

Amendments to these Rules and Regulations affecting the mandated verbatim articles of the NATIONAL ASSOCIATION OF REALTORS® shall be automatically adopted without vote of the REALTOR® Participants provided said amendments are adopted by the Multiple Listing Service Committee.

 

SECTION 15

ARBITRATION OF DISPUTES

 

Section 15.0        Arbitration of Disputes:

By becoming and remaining a Participant, each Participant agrees to arbitrate disputes involving contractual issues and questions, and specific non-contractual issues and questions defined in Standard of Practice 17-4 of the Code of Ethics with MLS Participants in different firms arising out of their relationships as MLS Participants subject to the following qualifications:

 

(a)   If all disputants are members of the same Board/Association of REALTORS®, or have their principal place of business within the same Board's/Association's territorial jurisdiction, they shall arbitrate pursuant to the procedures of that Board/Association of REALTORS®.

 

(b)   If the disputants are members of different Boards/Associations of REALTORS®, or if their principal place of business is located within the territorial jurisdiction of different Boards/Associations of REALTORS®, they remain obligated to arbitrate in accordance with the procedures of the Nevada Association of REALTORS®.

 

Interboard Arbitration Procedures: In instances where the State Association does not provide arbitration services, arbitration shall be conducted in accordance with any existing interboard agreement or alternatively, in accordance with the Interboard Arbitration Procedures in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS®.  Nothing herein shall preclude Participants from agreeing to arbitrate the dispute before a particular Board/Association of REALTORS®.

 

SECTION 16

STANDARDS OF CONDUCT FOR MLS PARTICIPANTS

 

Section 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.

 

Section 16.2

Signs giving notice of property for sale, rent, lease or exchange shall not be placed on property without the consent of the Seller(s)/Landlord(s).

 

Section 16.3

MLS Participants acting 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.

 

Section 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.

 

Section 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 agency agreement to become effective upon the expiration of any existing exclusive buyer/tenant agency agreement.

 

Section 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 relationship with listing brokers’ clients, unless such use if authorized by listing brokers (amended 11/01).

 

Section 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.

 

Section 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.

 

Section 16.9

MLS Participants are free to enter into contractual relationships or to negotiate with Seller(s) /Landlord(s), 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.

 

Section 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.

 

Section 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.

 

Section 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.

 

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.

 

Section 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.

 

Section 16.14

MLS Participants, acting as, buyer or tenant, representatives or brokers, shall disclose that relationship to the Seller(s)/Landlord's representative at first contact and shall provide written confirmation of that disclosure to the Seller(s)/Landlord's representative or broker not later than execution of a purchase agreement or lease.

 

Section 16.15

On unlisted property, MLS Participants acting as buyer/tenant representatives or brokers shall disclose that relationship to the Seller(s)/Landlord(s) first contact for that buyer/tenant and shall provide written confirmation of such disclosure to the Seller(s)/Landlord(s) not later than execution of any purchase or lease agreement.

 

MLS Participants shall make any request for anticipated compensation from the Seller(s)/Landlord(s) at first contact.

 

Section 16.16

MLS Participants, acting as representatives or brokers of Seller(s)/Landlord(s), 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.

 

Section 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 broker’s 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 who such offers to provide services may be made.

 

Section 16.18

MLS Participants, acting as subagents 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 brokers agreement to modify the offer of compensation.

 

Section 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.

 

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.

 

Section 16.20

Participants, users, and subscribers, prior to or after their relationship with their current firm is terminated, 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.

 

Section 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.

 

Section 16.22

MLS Participants shall not knowingly or recklessly make false or misleading statements about other real estate professionals, 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:

engage in deceptive or unauthorized framing of real estate brokerage websites;
manipulate (e.g., presenting content developed by others) listing content in any way that produces a deceptive or misleading result; or
deceptively use metatags, keywords or other devices/methods to direct, drive, or divert Internet traffic, or to otherwise mislead consumers. (Adopted 11/07)

 

Section 16.25

The services which MLS participants provide to their clients and customers shall conform to the standards of practice and competence which are reasonably expected in the specific real estate disciplines in which they engage; specifically, residential real estate brokerage, real property management, commercial and industrial real estate brokerage, land brokerage, real estate appraisal, real estate counseling, real estate syndication, real estate auction, and international real estate.

MLS participants shall not undertake to provide specialized professional services concerning a type of property or service that is outside their field of competence unless they engage the assistance of one who is competent on such types of property or service, or unless the facts are fully disclosed to the client. Any persons engaged to provide such assistance shall be so identified to the client and their contribution to the assignment should be set forth. (Adopted 11/09)

 

SECTION 17

ORIENTATION

 

Section 17.0        Orientation:

Any applicant for MLS Participation and any licensee affiliated with an MLS Participant who has access to and use of MLS-generated information shall complete an orientation program of no more than eight (8) classroom hours devoted to the MLS Rules and Regulations and computer training related to MLS information entry and retrieval and the operation of the MLS within thirty (30) days after access has been provided.

 

Section 17.1  Appraiser Orientation:

Appraisers applying for MLS membership need not take the MLS Orientation class, however, they are required to take REALTOR® Organization, Code of Ethics, and Fair Housing. They are required to take a MLS Computer Class designed for Appraisers and must attend the Induction Ceremony since they are joining as REALTORS.

 

SECTION 18

GENERAL POWER & DUTIES

 

Section 18.1        COMMITTEE AUTHORITY:

The Committee shall have the complete authority in the management of the MLS, subject to the approval and supervision of the Board of Directors of the Greater Las Vegas Association of REALTORS®.

 

Section 18.2        ANNUAL BUDGET:

The Committee shall submit an annual proposed cost of operations of the MLS to the Finance Committee and subject to the approval of the Board of Directors, to be incorporated in the annual budget of the Greater Las Vegas Association of REALTORS®.

 

SECTION 19

PARTICIPANT MEETING

 

Section 19.1        PARTICIPANT’S MEETING:

A meeting of the Participants of the Multiple Listing Service may be called by the MLS Committee at such place as designated on the notice of the meeting; time and place to be set by the MLS Committee.  At each meeting, the Participants of the MLS shall transact such other business as may be brought before the meeting.

 

Section 19.2        WRITTEN NOTICE:

Upon determination by the MLS Committee of the scheduled date and time of any REALTOR® Participant meeting, a fax, email, or mail notification shall be transmitted to each Participant Office.  A written notice stating the place and time of the meeting and general nature of the business to be considered shall be mailed to each Participant at his/her last known business address, at least ten (10) days before the meeting.

 

Section 19.3        ORDER OF BUSINESS:

At the Participant’s meetings, the regular order of business shall be as follows:

 

1.         Reading and approval of the minutes of the previous meeting or meetings.

2.         Report of the Committee.

3.         Reports of the Sub-Committees.

4.         Unfinished Business.

5.         New Business.

6.         Adjournment.

 

Section 19.4        NOMINATING COMMITTEE:

At least 45 days before the annual election, a Nominating Committee shall be appointed consisting of not less than three (3) REALTOR® Participants, (who are not Committee members), and two (2) members of the MLS Committee, none of whom shall be members of the same company.  ("Same company" shall be defined, as company offices owned by common ownership.) The Multiple Listing Service Chairman shall appoint one (1) member of the Nominating Committee as its Chairman.  No other individual appointed to the Nominating Committee shall be currently serving in an elected or appointed position. 

 

The Nominating Committee shall select at least two (2) candidates over the number of vacancies to be filled.  The report of the Nominating Committee shall be by fax, email or mail transmittal to each Participant at least 30 days prior to the election.  Additional candidates may be placed in nomination by a petition signed by at least ten percent (10%) of the Participants and presented to the MLS Chairman at least fifteen (15) days prior to election.  Notice of additional nominations, if any, shall be included in the written notice of meeting mailed to the Participants at least ten (10) days prior to the election. 

 

Section 19.5        ELECTION COMMITTEE:

At the MLS Committee meeting immediately preceding the annual election, an Election Committee shall be appointed consisting of not less than three (3) GLVAR members; two (2) REALTOR® Participants (who are not Committee members) and one (1) MLS staff member to conduct the election, oversee the process, assure compliance with the election procedures and verify the results.

 

The names of the candidates receiving the largest number of votes shall be posted on the MLS Log On and Las Vegas REALTOR®.com.

 

Section 19.6        QUALIFICATIONS:

 

1.    Any MLS Participant candidate must be, and remain, a REALTOR® Participant for his/her elected term.

 

2.    Be a Subscriber or REALTOR® Participant member, in good standing, of the Association and a subscriber for three (3) years at GLVAR or three (3) years from another Association of REALTORS® plus one (1) year at GLVAR immediately preceding their election.  At least one (1) full year of committee involvement at GLVAR or another Association of REALTORS® within the previous three (3) years.  For purposes of this qualification, a member in good standing means the member shall have no outstanding dues, fees or fines.

 

3.    NO REALTOR® Members shall be elected or appointed to the MLS Committee the result of which would be more than two (2) Members of the MLS Committee from the same company. ("Company" shall be defined, as company offices owned by common ownership.) 

 

 

Section 19.7        VOTING:

Each MLS company, through its Participant, shall be entitled to only one (1) vote for committee choice and on any question presented.  MLS Committee election and one item vote shall be by electronic ballot.  The ballot shall contain the names of all candidates and/or motion.

 

  By a majority vote of the Participants, the vote upon any question before the meeting shall be by electronic ballot.  Simple majority shall decide all elections and questions.

 

Section 19.8        SUBSTITUTION OF PARTICIPANT:

If the Participant is unable to attend a Participant meeting he/she may designate in writing for voting purposes only, an authorized representative of his/her office who shall be a REALTOR® member and a Subscriber of MLS.

 

Section 19.9        QUORUM:

A Quorum shall be the Participants present in person or the authorized representative for the office at any meeting duly and properly called.

 

Section 19.10      SPECIAL MEETING:

Special meetings of the Participants for any purpose or purposes may be called by a majority of the members of the Committee or upon written request of fifty (50) of Participants entitled to vote.

 

1.         Written notice, stating the place and time of the special meeting and the general nature of the business to be considered, shall be mailed to each Participant entitled to vote at their last known business address, at least ten (10) days prior to the meeting.

 

2.         No business, other than that stated in the notice, shall be transacted at the special meeting without the unanimous consent of all the REALTOR® Participants or authorized representative present and entitled to vote.

 

SECTION 20

COMMITTEE MEMBERS, NUMBER, TERM, QUALIFICATIONS

 

Section 20.1        COMMITTEE:

A.     The MLS Committee shall consist of fifteen (15) REALTOR® members who are Participants or Subscribers. A majority of the members of the MLS Committee shall be composed of REALTOR® Participants.  Only those Committee members who are REALTOR® Participants shall be entitled to vote at the Participant’s meeting.

B.     NO REALTOR® Members shall be elected or appointed to the MLS Committee the result of which would be more than two (2) Members of the MLS Committee from the same company. ("Company" shall be defined, as company offices owned by common ownership.)  A change in company affiliation by a Committee member in such a way that there would be more than two (2) representatives from any one (1) company on the MLS Committee shall constitute the resignation of that committee member at the end of the year.  If a Committee member is serving a term during a company merger/acquisition, said Committee member shall be allowed to complete the balance of the term during the term in which the merger/acquisition took place.

C.     The REALTOR® MLS Committee members so elected shall serve a three (3) year term beginning on the same date as the elected officers of the Association, or until their successors are elected and take their position on the Committee.  At the end of his/her term, each Committee member is required to step down from the MLS Committee for a period of one (1) year, before being eligible to run for an MLS Committee position again.  The Vice chair to be a 2nd year member and become Chair their 3rd year.  If the Vice Chair cannot serve as Chair, the existing members may select a chair from the existing committee members.  MLS Committee members so elected shall be required to remain a REALTOR® member for the duration of his or her term. (Amended 1/31/2011)

 

Section 20.2        QUORUM:

A majority of the Committee members shall constitute a quorum for the transaction of business.  If at any meeting of the Committee there shall be less than a quorum present, a majority of those present may adjourn the meeting from time to time until a quorum is obtained, and no further notice thereof need be given other than oral notification.

 

Section 20.3        FIRST MEETING:

The Committee shall hold its first meeting for the purpose of orientation of new Committee members and the normal transaction of business with current Committee members, if a quorum be present, within thirty (30) days or at the first MLS meeting after the annual meeting of the Participants.

 

Section 20.4        ELECTION OF OFFICERS:

The Vice Chairman and Treasurer shall be elected via electronic means by the current MLS Committee within six working days following the elections of the Board of Directors.  The Chairman and the Vice Chairman will serve as Quality Control and Technology Workgroups liaisons between the MLS and the two Workgroups.  Said officers will hold office for the calendar year following their election.

 

Section 20.5        REGULAR MEETING:

Regular meetings of the Committee shall be held without notice on a schedule established by the Committee each year, at the Association office, or elsewhere, at such place as the Committee may, from time to time, determine.

 

The regular order of business at the meetings shall be as follows:

 

            1.               Reading and approval of the minutes of the previous meeting(s).

            2.               Reports of the Committee Chairman and Executive Officer.

            3.               Reports of Sub-committees.

            4.               Unfinished Business.

            5.               New Business.

            6.               For the Good of the Order.

            7.               Adjournment.

 

Section 20.6        SPECIAL MEETING:

A special meeting of the Committee may be called by the Chairman or by the request of the majority of the Committee.

 

Section 20.7        VACANCIES:

When a vacancy occurs among the Committee members by death, resignation, disqualification, or other cause, a successor, to hold office for the un-expired portion of the term of the Committee member whose place shall have become vacant, or until his successor shall have been elected, shall be appointed by a majority of the remaining Committee members, provided the Committee shall allow a minimum of thirty (30) days notice to allow time for member nominations as advisory input, prior to the election.  If vacancies occur amongst a majority of the Committee, a nominating sub-committee of three (3) Participants entitled to vote, shall be appointed by the remaining Committee to submit nominations to fill the vacancies; following the nominations of the Nominating Sub-Committee, the nominees will be elected by the Participants at a special meeting called for the purpose.

 

Section 20.8        ATTENDANCE:

Any Committee member who fails to attend three (3) regularly scheduled meetings of the Committee without excuse acceptable to the Chairman or as otherwise provided for in the Policies of the Association (#100-9), shall be deemed to have automatically resigned from the Committee and the vacancy shall be filled as herein above provided.

 

Section 20.9        RESIGNATIONS:

Any resignation, other than an automatic resignation, of a Committee member shall be made in writing and shall take effect at the time specified therein, or if no time specified, at the time of receipt by the Committee.

 

Section 21

 

Virtual Office Website (VOW) Rules

 

Section 21.1 (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 21 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 21 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 21.2 (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 21.3 (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 21.4:  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 21.5: 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.

 

      Section 21.6 (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

**See MLS Listing Addendum

(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 21.7: 

 

(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 21.8, 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 21.8:  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 21.9:  A Participant shall cause the MLS Listing Information available on its VOW to be refreshed at least once every three (3) days.

 

Section 21.10:  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 21.11:  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 21.12: 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 21.13A 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 21.14: 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.

 

Section 21.15:  A Participant’s VOW may not make available for search by, or display to, Registrants any of the following information:

 

a. The seller’s and occupant’s name(s), phone number(s), or e-mail address(es).

b. Instructions or remarks intended for cooperating brokers only, such as those regarding showings or security of listed property.

 

Section 21.16: A Participant shall not change the content of any MLS Listing Information that is displayed on a VOW from the content as it is provided in the MLS.  The Participant may, however, augment MLS Listing Information with additional information not otherwise prohibited by these Rules or by other applicable MLS rules or policies as long as the source of such other information is clearly identified. This rule does not restrict the format of display of MLS Listing Information on VOWs or the display on VOWs of fewer than all of the listings or fewer than all of the authorized information fields

 

Section 21.17:  A Participant shall cause to be placed on his or her VOW a notice indicating that the MLS Listing Information displayed on the VOW is deemed reliable but is not guaranteed accurate by the MLS. A Participant’s VOW may include other appropriate disclaimers necessary to protect the Participant and/or the MLS from liability.

 

Section 21.18: 

RESERVE

 

Section 21.19: 

RESERVE

 

Section 21.20:  A Participant shall require that Registrants’ passwords be reconfirmed or changed every 90 days.

 

Section 21.21:  A Participant may display advertising and the identification of other entities (“co-branding’) on any VOW the Participant operates or that is operated on his or her behalf.  However, a Participant may not display on any such VOW deceptive or misleading advertising or co-branding.  For purposes of this Section, co-branding will be presumed not to be deceptive or misleading if the Participant’s logo and contact information (or that of at least one Participant, in the case of a VOW established and operated on behalf of more than one Participant) is displayed in immediate conjunction with that of every other party, and the logo and contact information of all Participants displayed on the VOW is as large as the logo of the AVP and larger than that of any third party.

 

Section 21.22:  A Participant shall cause any listing displayed on his or her VOW that is obtained from other sources, including from another MLS or from a broker not participating in the MLS, to identify the source of the listing.

 

Section 21.23: A Participant shall cause any listing displayed on his or her VOW obtained from other sources, including from another MLS or from a broker not participating in the MLS, to be searched separately from listings in the MLS.

 

Section 21.24: Participants and the AVPs operating VOWs on their behalf must execute the license agreement required by the MLS.

 

Section 21.25: Where a seller affirmatively directs their listing broker to withhold either the seller’s listing or the  address of the seller’s listing from display on the Internet, a copy of the seller’s affirmative direction shall be provided to the MLS within 48 hours.

 



A

Assistant                                                                 11

assistants                                                       9, 11, 21

C

contingency                                                            14

D

dues                                                    8, 9, 15, 21, 36

E

Exclusions                                                         18, 20

exempted                                                                12

F

fines                                            8, 10, 20, 21, 22, 36

I

IDX logo                                                                28

Internet Data Exchange - IDX 17, 23, 24, 26, 27, 28, 29

L

Lockbox                                                                  10

P

Pending                                                                   17

W

waiver                                                                     10

Withdrawal                                                             14