The Western Arizona REALTORS Data Exchange (WARDEX)

Rules and Regulations

Reviewed and/or Revised 08/13/2024

Key:

• M – NAR Mandatory
• R – NAR Recommended
• O – NAR Optional
• I – NAR Informational
• W – WARDEX Mandatory
• Category A, B, C – Refers to the Administrative Sanction Level

*Rules aligned with NAR Section and Numbering in the “Handbook on Multiple Listing Policy”

Listing Procedures 

Section 1: Listing Procedures; M, Category C

Listings of real or personal property of the following types, which are listed subject to a real estate broker’s license and are located within the service area of the Western Arizona REALTORS Data Exchange (WARDEX or “The Service”), as provided in Article 3 of the WARDEX Bylaws, and are taken by Participants on an exclusive right-to-sell or exclusive agency basis. Such listings shall be entered into the Service within 1 day of signature by the seller or a non-dissemination agreement must be submitted to the Service within 1 day. (rev. 7/21/21)

*Signature Date is defined as when the seller signed the agreement, not the effective date of the listing.  If a delay will occur between signed date and effective date a Non-Dissemination Agreement must be completed.

The service area of WARDEX:

All of Mohave County, all of La Paz County, the Western most portion of Yavapai County, the Eastern most portion of San Bernardino County, CA and the Southeastern most portion of Clark County, NV. The Service requires that all subscribers enter their listings into the MLS that are in the WARDEX service area. (rev. 9/15/21)

WARDEX Participants and Subscribers entitled to WARDEX service or participation must hold a current, valid real estate license from any state or are licensed or certified by an appropriate state regulatory agency to engage in the inspecation or appraisal of real property. (Amended 8/2024)

 

Any property that falls within a service area of a data share partner must be entered into the Service if not entered directly into the data share partners Service.

 

Note 1: The Service shall not require a Participant to submit listings on a form other than the form the Participant individually chooses to utilize provided the listing is of a type accepted by the service, although a property data form may be required as approved by the Service. However, the Service, through its legal counsel:

1. may reserve the right to refuse to accept a listing form which fails to adequately protect the interests of the public and the participants.
2. assures that no listing form filed with the Service establishes, directly or indirectly, any contractual relationship between the Service and the client (buyer or seller).

The Service  shall accept exclusive right-to-sell listing contracts and exclusive agency listing contracts, and may accept other forms of agreement. (Amended 8/2024)

 

The listing agreement must include the seller’s written authorization to submit the agreement to the Service. (Amended 11/96)

The different types of listing agreements include:

1. Exclusive right-to-sell
2. b) Open
3. c) Exclusive agency
4. d) Net

The Service may not accept net listings because they are deemed unethical and, in most states, illegal. Open listings are not accepted except where required by law because the inherent nature of an open listing. Cooperation is the obligation to share information on listed property and to make property available to other brokers for showing to prospective purchasers and tenants when it is in the best interest of their clients.

The exclusive right-to-sell listing is the form of listing where the seller authorizes exclusive authorization to the listing broker to cooperate with other brokers in the sale of the property.

The exclusive agency listing also authorizes the listing broker, as exclusive agent, to cooperate with other brokers in the sale of the property  but also reserves to the seller the general right to sell the property on an unlimited or restrictive basis. Exclusive agency listings and exclusive right-to-sell listings with named prospects exempted should be clearly distinguished by a simple designation such as a code or symbol from exclusive right-to-sell listings with no named prospects exempted, since they can present special risks of procuring cause controversies and administrative problems not posed by exclusive right-to- sell listings with no named prospects exempted. Care should be exercised to ensure that different codes or symbols are used to denote exclusive agency and exclusive right-to-sell listings with prospect reservations.  (Amended 8/24)

Note 2: The Service does not regulate the type of listings its members may take. This does not mean that the Service must accept every type of listing. The Service shall decline to accept open listings (except where acceptance is required by law) and net listings, and it may limit its service to listings of certain kinds of property. But, if it chooses to limit the kind of listings it will accept, it shall leave its members free to accept such listings to be handled outside the Service.

Note 3: The Service may, as a matter of local option, accept exclusively listed property that is subject to auction. If such listings do not show a listed price, they may be included in a separate section of the MLS compilation of current listings. (Amended 8/24) M

Note 4: Any salesperson/broker excluded from listing shall be notified in writing prior to the exclusion becoming effective and said exclusion shall not be published. (Adopted 2/14) W

1.01: Clear Cooperation Policy; M, Category C

Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.     

-(Adopted 11/19)

 

Note 1: Exclusive listing information for required property types must be filed and distributed to other MLS Participants for cooperation under the Clear Cooperation Policy. This applies to listings filed under Section 1 and listings exempt from distribution under Section 1.3 of the NAR model MLS rules, and any other situation where the listing broker is publicly marketing an exclusive listing that is required to be filed with the service and is not currently available to other MLS Participants.

Note 2: Commercial property exemption will be done on a case-by-case basis. W

Section 1.1: Types of Properties; O

The following are some of the types of properties that may be published through the service, including types described in the preceding paragraph that are required to be filed with the service and other types that may be filed with the service at the participant’s option provided, however, that Any listing submitted is entered within the scope of the participant’s licensure as a real estate Broker for sale, exchange, or rent: (Amended 11/91) (rev 9-28-16)

1. residential
2. motel-hotel
3. residential income / multi-family
4. manufactured homes
5. subdivided vacant lot
6. manufactured home parks
7. land and ranch
8. commercial
9. business opportunity
10. industrial
11. home without land
12. mining claims
13. rentals
14. Fractional Ownership (Sale and Lease)

 

 

Residential multi-family: these are properties that consist of 2-4 units with valid zoning. Properties with 5+ units must be entered as commercial.

 

Fractional Ownership: Only listings with a minimum thirty (30) day lease term are allowed to be listed in the MLS

 

Section 1.1.1: Listing Subject to Rules and Regulations of the Service; R 

Any listing taken on a contract to be filed with the Service is subject to the rules and regulations of the service upon signature of the seller(s) and Broker.

Section 1.2: Detail on Listings Filed with the Service; R

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 1.2.0: Accuracy of Listing Data; M, Category A

Participants and subscribers are required to submit accurate listing data and required to correct any known errors.

 

This includes but is not limited to, street name, street designation, street direction, subdivisions, lot description, information added in the wrong field, pool, garages, square feet, lot dimensions, zoning, cross street, geo location/mapping, baths, taxes, legal or anything incorrect in any area not already covered by the balance of the rules. W 

 

Section 1.2a: Teams; W, Category B

All teams must have a team log in and the person who has signed the contract must be either be the list agent or the co-list agent.  No individual can be a team (ex: John Doe Team not just John Doe) but may be a co-list agent.  All team listings require a co-list agent (Adopted 7/24/20)

 

Teams must follow all guidelines outlined in the Teams Agreement.  Violations of the agreement will be subject to sanctions, fines, and potential loss of Team privileges in the system.

 

Section 1.2.1: Limited-Service Listings; O 

Listing agreements under which the listing Broker will not provide one, or more, of the following services:

1. arrange appointments for cooperating Brokers to show listed property to potential purchasers but

instead gives cooperating brokers authority to make such appointments directly with the seller(s)

1. accept and present to the seller(s) offers to purchase procured by cooperating Brokers but instead gives cooperating Broker’s authority to present offers to purchase directly to the seller(s).
2. advise the seller(s) as to the merits of offers to purchase
3. assist the seller(s) in developing, communicating, or presenting counteroffers
4. participate on the seller’s(s’) behalf in negotiations leading to the sale of the listed property will be identified with an appropriate code or symbol (e.g., LR or LS) in MLS compilations so potential cooperating brokers will be aware of the extent of the services the listing broker will provide to the seller(s), and any potential for cooperating brokers being asked to provide some or all of these services to listing brokers’ clients, prior to initiating efforts to show or sell the property.

 

Note:  Adoption of Section 1.2.1, limited-service listings, is optional and a matter to be determined by each MLS. (Adopted 05/01)

 

 

Section 1.2.2: MLS Entry-only Listings; O 

Listing agreements under which the listing Broker will not provide any of the following services:

1. arrange appointments for cooperating Brokers to show listed property to potential purchasers but instead gives cooperating brokers authority to make such appointments directly with the seller(s).
2. accept and present to the seller(s) offers to purchase procured by cooperating Brokers but instead gives cooperating brokers authority to present offers to purchase directly to the seller(s).
3. advise the seller(s) as to the merits of offers to purchase.
4. assist the seller(s) in developing, communicating, or presenting counteroffers.
5. participate on the seller’s(s’) behalf in negotiations leading to the sale of the listed property. will be identified with an appropriate code or symbol (e.g., EO) in MLS compilations so potential cooperating brokers will be aware of the extent of the services the listing broker will provide to the seller(s), and any potential for cooperating brokers being asked to provide some or all of these services to listing brokers’ clients, prior to initiating efforts to show or sell the property.

Note: Adoption of Section 1.2.2, MLS Entry-only Listings, is optional and a matter to be determined by each MLS. (Adopted 05/01)

 

Section 1.2.3 New Construction; W, Category A- C

To Be Built in the Future 1.2.3a

1. The lot qualifies if you have a unique individual APN and use unique address or lot number if available, include floor plan in listing. Listing price must include the lot and the floor plan.
2. Vacant lot(s) do not need to be in a subdivision.
3. “To be built: lot/home” must be selected under “Other Options.”
4. If the listing entered in the system has a different floor plan/specs than that of the final home, the listing must be modified reflecting the actual home constructed.
5. Must have written permission from Builder to enter floor plan documents/pictures
6. Documents/Pictures of floor plans may not include Builders name but may identify the model’s name. (Category C)
7. If a listing is specified as a Range Price Listing, the Listing Agent or Broker must enter a valid range for the list price of that listing. In all cases, the default List Price shall be the high end of the range and the low end of the range can be no less than 85% of this price.
8. See Section 1.2.5.c

Section 1.2.4: Directions; W, Category B

Agents must provide clear and accurate directions and can include attachments to the listing. Placing

call agent or office for directions is not allowed (6/24/2020)

 

Section 1.2.5 Pictures and Remarks; W. Category A-C

Pictures  1.2.5a

1. The public captions on photos or the photos themselves of a listing shall only be used for information that is descriptive and relevant to an accurate portrayal of the property being marketed. (I.E, no stock photos, or photos of surrounding areas) A
2. All listings put in the service except where sellers expressly direct that photographs or other graphic representations of their property does not appear in the MLS*, must have a photo. Vacant land can be a photo, GIS image or plat/drawing. Exclusions shall be in writing and submitted to the Service. (Revised 4-21-2021).  A
3. The main photo must be a photo of the exterior of the home. This may be the most marketable photo of the house if it is a true representation of the home. If the main photo is not a photo taken from the street, then the second photo must be. This photo must be a current photo of the home. Revised (6/24/20) A
4. Photo cannot be touched up in any way to alter the true picture of the property or the surroundings including the additions of any logos, names, or other titles. Photos can be altered to enhance the clarity, brightness, tone, color, and outside weather. Revised (10/19/22) B
5. No signs identifying the agent may be in any photo. (Rev 7/15/20) Photos with logos, names or other titles will be subject to an immediate fine. C
6. Pictures should not include people (including Agent) and/or any items that may raise safety concerns. Such as medications, gun safes, drug paraphernalia, expensive items in the home. A
7. Pictures should be focused on the property not the possessions in the home unless the home is sold as A
8. By submitting photographs/images, including but not limited to photographs, images, graphics, audio and video recordings, virtual tours, drawings, renderings or any other representations (collectively referenced in these Rules as photographs and or images) to the MLS, the Participant and/or Subscriber represents and warrants that he or she either owns the right to reproduce and display such photographs or has procured such rights from the appropriate party, and has the authority to grant and hereby grants the MLS and the other Participants and Subscribers the right to reproduce and display the photographs in accordance with these rules and regulations.  B
9. Use of photographs by a subsequent listing agent requires prior written authorization from the originating listing agent or other appropriate party with the legal right to reproduce and display such photographs. The MLS reserves the right to remove any non-compliant photographs and or images from MLS display should Participant or Subscriber refuse or fail to bring said photographs and or images into compliance with the requirements of this rule after being notified and instructed to correct by the MLS. (Rev 11/01/2018) B
10. A photo is not required for Business Only listings. (Revised 7/15/09)
11. Condos, apartment buildings and complexes must have photo showing the actual complex from the street/water. If taken outside an entry gate, complex must be in the photo. Interior photos, pool, fitness center and the like cannot be used as the main photo. A
12. Virtual Staging is allowed only on interior pictures of a home and may only include personal property items. If staged photos are included, you must include pictures of the home without furniture.  All staged photos must have a caption stating that photo is virtually staged. (Revised 10/19/2022)

 

Remarks  1.2.5b

1. The public remarks section of a listing shall only be used for information that is descriptive and relevant to an accurate portrayal of the property being listed. (Revised 06/01/2023) A
2. Public Remarks may not be copied from another agent’s listing and must be original to the listing agent. (Adopted 7/15/2023) B
3. The placement of the listing agent name, phone number, e-mail address, web address and other information of this nature that is not descriptive in nature and relevant to an accurate portrayal of the property being listed is not allowed in the Public Remarks section of the listing. These are referred to as branded and will be subject to an immediate fine. (Revised 06/01/2023) C
4. A virtual tour shall link only to an unbranded site that provides information that is descriptive and relevant to the accurate portrayal of the property being marketed or will be subject to an immediate fine. C
5. The placement of any names, email addresses, web addresses, links and/or phone numbers including services such as lenders, title companies, appraisers, inspectors etc. are not allowed in the Public Remarks section of the listing and will be subject to an immediate fine. C

 

1. Any information which is confidential and/or to be viewed by agents only is to be placed in the “REALTOR ONLY” section. Entering any Nonparticpant/Nonmember licensee names, offices and/or contact information into the public comments or private remarks section of the MLS is expressly prohibited. (Revised 09/25/2023) B
2. Security information is not to be entered in the Remarks.  Lock box, alarm and gate codes may be       included but only as an attachment to the listing. 10/20/21- A
3. Public Remarks may have one and only one “call to action” (any language that encourages consumers to take action) marketing phrase/sentence. Call to action language must be all inclusive and not directional leading to the listing agent i.e., any language that may lead someone to bypass their own contracted agent to directly seek out the listing agent is prohibited.  (Adopted 01/01/2024) C
4. Remarks cannot include any mention of compensation, concession, or bonus. (Adopted 8/24) C
5. Dollar amounts or percentage amounts may not be used in remarks. (Adopted 8/24) B
6. Agent websites may not be entered into remarks. Agents may enter website in the field provided on their profile page. (Adopted 8/24) B

 

New Construction 1.2.5c

1. A photo of the vacant lot may be uploaded but must be replaced with an actual photo or an artist’s rendering or photo of similar front elevation with the caption “photo similar” once exterior framing is completed. The rendering/photo must be of the home that is being constructed. Any picture that shows a home in the framing stages must be changed out with an actual picture of the home upon issuance of the Certificate of Occupancy. (Revised 2/14) A

Note: All new construction homes must have at minimum the street view of the actual home built on the lot once the Certificate of Occupancy is issued.  Landscaping does not need to be completed.  Strongly suggest interior photos are updated to assist with future comps and sale.  It is encouraged that active listings continue to update pictures as the home progresses through the build process. (10/19/22)

1. New builds that close escrow prior to completion of home and whose owners are on title must be updated with a final photo of the actual home built once occupancy permit is issued. A
2. No signs identifying the agent or builder may be in any photo. (Rev 7/15/20) Photos with logos, names or other titles will be subject to an immediate fine. C
3. All items from Section 1.2.5a and 1.25b must be followed as applicable.

Section 1.2.6 Representation to the Public; W Category C

MLS participants shall present a true picture in their advertising and representations to the public, including Internet content posted, and the URLs and domain names they use, and participants may not:

1. engage in deceptive or unauthorized framing of real estate brokerage websites.
2. manipulate (e.g., presenting content developed by others) listing and other content in any way that produces a deceptive or misleading result.
3. deceptively use metatags, keywords, or other devices/methods to direct, drive, or divert Internet traffic.
4. present content developed by others without either attribution or without permission; or
5. otherwise mislead consumers, including use of misleading images. (Amended 01/18)

Section 1.3: Exempted Listings; M, Category C

If the seller refuses to permit the listing to be disseminated by the service, the participant may then take the listing (office exclusive) and such listing shall be submitted in writing a Non-Dissemination Agreement to the service, no later than 1 business day, but not disseminated to the participants.

Note 1: Section 1.3 is not required if the service does not require all types of listings to be submitted by a participant of the service.

Note 2: MLS Participants must distribute exempt listings within (1) one business day once the listing is publicly marketed. See Section 1.01, Clear Cooperation

Section 1.4: Change of Status of Listing; R, Category A

Any change in listed price or other change in the original listing agreement shall be made only when authorized in writing by the seller and shall be entered into the service within one (1) day after the authorized change is received by the listing broker. (Rev 9/28/16)

Section 1.4.1 Temporary off the Market Listings; W, Category B

A listing cannot exceed the expiration date after being placed temporary off the market. Listing may only be temporary off the market for thirty days or have written documentation, subject to review of the reasons.  (5/20/2020)

 

Section 1.5: Withdrawal of Listing Prior to Expiration; M

Listings of property may be withdrawn from the Service by the listing Broker before the expiration date of the listing agreement, provided there is an agreement between the seller and the listing broker which authorizes the withdrawal. (Rev 11/1/18)

Sellers do not have the unilateral right to require the 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 Service may remove the listing at the request of the seller. (Adopted 11/96)

 

Section 1.5.1 Days on Market; W, Category C

The calculation of the “days on market” for an exclusive listing shall commence on the date that the exclusive listing is transmitted by the exclusive broker through WARDEX to all WARDEX Participants. The calculation of “days on market” shall be reset to zero (0) should an exclusive listing be (a) sold and the transaction closed; or (b) taken off the market for thirty-one (31) consecutive days. Exclusive brokers and/or exclusive agents cannot circumvent this section by attempting to re-name or re-list the exclusive listing. An immediate fine will be assessed. (Revised 8/2024)

 

Agents cannot enter a listing and then cancel it and re-enter it until thirty-one (31) days have passed. Exceptions need to be submitted to WARDEX with the signed cancellation, a new listing agreement or change order and an explanation of circumstances. (Revised 8/24)       

 

Section 1.6: Contingencies Applicable to Listings; R, Category A

Any contingency or conditions of any term in a listing shall be specified and noticed to the Participants.

1. Active w/Contingency may only be selected when there is an AAR Buyer Contingency Addendum signed by all parties and incorporated in the executed contract. The contract must be (Line 7) “Contingent Upon Accepted Offer for Buyer’s Property”.
2. This shall be done by entering the information in the private remarks section when entering into the Service. If such contingency or condition is a change from that previously entered, then the listing broker shall enter the change in the Service within one (1) business day.

Section 1.6.1: Lot for Sale with Contingencies; W, Category A

Lots that have a contingency that require a buyer to put a builder’s house on the lot are not “for sale” in the true sense of the word. Enter under vacant land.

Section 1.7: Listing Price Specified; M, Category B

The full gross listing price stated in the listing contract will be included in the information published in the Service compilation of current listings unless the property is subject to auction. (Amended 11/92)

Range Pricing. If a listing is specified as a Range Price Listing, the Listing Agent or Broker must enter a valid range for the list price of that listing. In all cases, the default List Price shall be the high end of the range and the low end of the range can be no less than 85% of this price. W

Section 1.8: Listing Multiple Unit Properties; O, Category A

All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data form. When part of a listed property has been sold, notification should be given to the Service within one (1) business day.

Section 1.8.1: Duplicate Listing; W, Category A

Duplicate listing discovered by the Service shall be brought to the attention of the Brokers involved and it shall be their responsibility to reconcile the situation within one (1) business day and so advise the service. The Service is instructed to remove/delete the last listing filed pending receipt of information to the contrary.

1. Residential listings can be entered as for sale or for lease. (11/18/2020)
2. Commercial property listings may be entered as business only and/or business and real estate and/or real estate only for marketing purposes provided there is a separate listing agreement for each classification. Upon close of one of these listings the others must be cancelled. (Revised 11/18/2020)

 

Section 1.9: No Control of Commission Rates or Fees Charged to Participants; M  

The 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 nonparticipants. M

Section 1.10: Expiration of Listings; M

Listings filed with the Service will automatically be removed from the compilation of current listings on the expiration date specified in the agreement moved to history, unless prior to that date the Service receives notice that the listing has been extended or renewed.

If notice of renewal or extension is received after the listing has been removed from the compilation of current listings, the extension or renewal will be published in the same manner as a new listing. Extensions and renewals of listings must be signed by the seller(s). (Amended11/01)

 

Section 1.11: Termination Date on Listings; M

Listings published in the Service shall bear a definite and final termination date, as negotiated between the listing Broker and the seller.

Section 1.12: Service Area; M

Only listings of the designated types of property located within the service area of the MLS are required to be submitted to the service.  Listings of property located outside the MLS’s service area will (or will not) be accepted if submitted voluntarily by a participant but cannot be required by the service.  (Amended 11/17)

Note: Associations must choose whether the service will accept listings from beyond its service area into the MLS compilation. (Amended 11/17)

Section 1.13: Listing of Suspended Participants; M

When a Participant of the Service is suspended from the Service for failing to abide by a membership duty (i.e., violation of the Code of Ethics, association bylaws, Service bylaws, Service rules and regulations, or other membership obligation except failure to pay appropriate dues, fees, or charges), all listings currently filed with the Service 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 Service 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 Service participation without association membership is permitted by law) or Service (or both) for failure to pay appropriate dues, fees, or charges, an association or the Service is not obligated to provide services, including continued inclusion of the suspended Participant’s listings in the Service compilation of current listing information. Prior to any cancellation of a suspended Participant’s listings from the Service, the suspended Participant should be advised, in writing, of the intended removal so that the suspended Participant may advise his clients.

Section 1.14: Listing of Expelled Participants; M

When a Participant of the Service is expelled from the Service for failing to abide by a membership duty (i.e., violation of the Code of Ethics, association bylaws, Service bylaws, Service rules and regulations, or other membership obligations except failure to pay appropriate dues, fees, or charges), all listings currently filed with the Service by the expelled 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 Service 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 Service participation without association membership is permitted by law) or Service (or both) for failure to pay appropriate dues, fees, or charges, an association or the Service is not obligated to provide services, including continued inclusion of the expelled Participant’s listings in the Service compilation of current listing information. Prior to any cancellation of an expelled Participant’s listings from the Service, the expelled Participant should be advised, in writing, of the intended removal so that the expelled Participant may advise his clients.

Section 1.15: Listing of Resigned Participants; O

When a Participant resigns from the Service, the Service is not obligated to provide services, including continued inclusion of the resigned Participant’s listings in the Service compilation of current listing information. Prior to any cancellation of a resigned Participant’s listings from the Service, the resigned Participant should be advised, in writing, of the intended removal so that the resigned participant may advise his clients.

Section 1.16: Property Addresses Category B

At the time of filing a listing, participants and subscribers must include a property address available to other participants and subscribers, and if an address doesn’t exist, a parcel identification number can be used*. Where an address or parcel identification number are unavailable, the information filed with the MLS must include a legal description of the property sufficient to describe its location. (Amended 05/21).M

*WARDEX does not use the parcel number for address.   They do not feed out well on the IDX data feeds and often get hung up and do not display due to the error in reading. 

The correct way to enter property with no address is:

                000** Street Address, State, Zip Code

Use of parcel number, TBA, xxx, etc. will not be accepted.  ** Any combination of zeros is acceptable (0, 00, 000, 0000, etc.)

 

Selling Procedure

Section 2: Showings and Negotiations; M

Appointments for showings and negotiations with the seller for the purchase of listed property filed with the 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 (no less than 24 hours), the cooperating Broker cannot contact the listing Broker or his representative; however, the listing Broker, at his option, may preclude such direct negotiations by cooperating Brokers. (Amended 4/92)

 

Section 2.1: Presentation of Offers;   M

The listing Broker must make arrangements to present the offer within 24 hours, or give the cooperating Broker a satisfactory reason for not doing so.  (Amended 4/92)

 

Section 2.2: Submission of Written Offers;  M

The listing Broker shall submit to the seller all written offers until closing unless precluded by law, government rule, regulation, or agreed otherwise in writing between the seller and the listing Broker. Unless the subsequent offer is contingent upon the termination of an existing contract, the listing Broker shall recommend that the seller obtain the advice of legal counsel prior to acceptance of the subsequent offer.

Participants representing buyers or tenants shall submit to the buyer or tenant all offers and counteroffers until acceptance and shall recommend that buyers and tenants obtain legal advice where there is a question about whether a pre-existing contract has been terminated. (Amended 11/05)

 

Section 2.3: Right of Cooperating Broker in Presentation of Offer;  M

The cooperating Broker (subagent or buyer agent) or his representative has the right to participate in the presentation to the seller or lessor of any offer he secures to purchase or lease. He does not have the right to be present at any discussion or evaluation of that offer by the seller or lessor and the listing Broker. However, if the seller or lessor gives written instructions to the listing Broker that the cooperating Broker not be present when an offer the cooperating Broker secured is presented; the cooperating Broker has the right to a copy of the seller’s or lessor’s written instructions. None of the foregoing diminishes the listing broker’s right to control the establishment of appointments for such presentations. (Amended4/92)

Where the cooperating broker is not present during the presentation of the offer, the cooperating broker can request in writing, and the listing broker must provide, as soon as practical, written affirmation stating that the offer has been submitted to the seller, or written notification that the seller has waived the obligation to have the offer presented (11/19)

Section 2.4: Right of Listing Broker in Presentation of Counteroffer; M

The listing Broker or his representative has the right to participate in the presentation of any counteroffer made by the seller or lessor. He does not have the right to be present at any discussion or evaluation of a counteroffer by the purchaser or lessee (except when the cooperating Broker is a subagent). However, if the purchaser or lessee gives written instructions to the cooperating Broker that the listing Broker is not present when a counteroffer is presented, the listing Broker has the right to a copy of the purchaser’s or lessee’s written instructions. (Amended 11/93)

Section 2.5: Reporting (Publishing) Sales to the Service; M   Category A

Status changes, including final closing of sales, shall be reported to the Service by the listing Broker within twenty-four (24) hours after they have occurred. If negotiations were carried on under Section 2(a) or (b) hereof, the cooperating Broker shall report the accepted offers and prices, to the listing Broker within one (1) business day after occurrence. And the listing broker shall report them to the MLS within one (1) business day after receiving notice from the cooperating broker. (Amended 4/92, 5/07, 11/08, 11/11)

 

1. Pending sales: this status change must be published with the Service by the listing Broker within one (1) business day after acceptance. "Acceptance" is construed as meaning the date the fully executed   contract is received by the listing Broker.
2. Upon notice of acceptance of an offer in writing from the REO company of a foreclosed property, the listing must be pended in the Service within one (1) business day. This notice can be done by electronic transmission. (Amended 10/09)
3. Closed sales shall be reported to the Service within 1 business day after final close of escrow.

 

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. (Amended 11/01)

 

 

 

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. (Adopted 11/11)

 

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.)  (Adopted 11/11)

 

Section 2.6: Reporting Resolution of Contingencies; M   Category A

The listing Broker shall report to the Service within one (1) business day that a contingency on file with the Service has been fulfilled or renewed, or the agreement cancelled.

Section 2.7: Advertising of Listings published in the Service; M   Category B

A listing shall not be advertised by any participant other than the listing broker without the prior consent of the listing Broker.

 

Section 2.8: Reporting Cancellation of Pending Sale; M Category A

The listing Broker shall report within one (1) business day to the Service the cancellation of any pending sale, and the listing shall be reinstated immediately.

Section 2.9: Disclosing the Existence of Offers; O

Listing Brokers, in response to inquiries from buyers or cooperating Brokers, shall, with the seller’s approval, disclose the existence of offers on the property. Where disclosure is authorized, the listing Broker shall also disclose, if asked, whether offers were obtained by the listing licensee, by another licensee in the listing firm, or by a cooperating Broker. (Adopted 1/03, Amended 11/08)

 

Section 2.10: Availability of Listed Property; O

Listing Brokers shall not misrepresent the availability of access to show or inspect listed property.

Section 2.11: Lockboxes; W

The Service does not distribute or administer lockboxes. The local Shareholder Associations distribute and administer the lockboxes. Listing Brokers must adhere to the Lockbox Policy of the local Association.

 

 

Refusal to Sell

Section 3: Refusal to Sell; R 

If the seller of any listed property filed with the Service refuses to accept a written offer satisfying the terms and conditions stated in the listing, such fact shall be transmitted within one (1) business day to the Service and to all Participants.

Prohibitions

Section 4: Information for Participants Only; M   Category C

Any listing published in the Service shall not be made available to any Broker or firm not a member of the Service without the prior consent of the listing Broker. 

 

Section 4.1: For Sale Signs; M

Only the for-sale sign of the listing Broker may be placed on a property. (Amended 11/89)

Section 4.2: Sold Signs; M   

Prior to closing, only the sold sign of the listing Broker may be placed on a property, unless the listing

Broker authorizes the cooperating (selling) Broker to post such a sign. (Amended 4/96)

 

Section 4.3: Solicitation of Listing Filed with the Service; M Category C

Participants shall not solicit a listing on property published in the Service unless such solicitation is consistent with Article 16 of the REALTORS®’ Code of Ethics, its Standards of Practice, and its Case Interpretations.

Note: This section is to be construed in a manner consistent with Article 16 of the Code of Ethics and particularly Standard of Practice 16-4. This section is intended to encourage sellers to permit their properties to be filed with the service by protecting them from being solicited, prior to expiration of the listing, by brokers and salespersons seeking the listing upon its expiration.

Without such protection, a seller could receive hundreds of calls, communications, and visits from brokers and salespersons that have been made aware through Service filing of the date the listing will expire and desire to substitute themselves for the present broker.

This section is also intended to encourage brokers to participate in the service by assuring them that other participants will not attempt to persuade the seller to breach the listing agreement or to interfere with their attempts to market the property. Absent the protection afforded by this section, listing brokers would be most reluctant to generally disclose the identity of the seller or the availability of the property to other brokers.

This section does not preclude solicitation of listings under the circumstances otherwise recognized by the Standards of Practice related to Article 16 of the Code of Ethics.

Section 4.4: Use of the Terms MLS and Multiple Listing Service; O

No MLS Participant, Subscriber or licensee affiliated with any Participant shall through the name of their firm, their URLs, their e-mail addresses, their website addresses, or in any other way represent, suggest, or imply that the individual or firm is an MLS, or that they operate as an MLS. Participant, Subscriber, or licensee affiliated with Participants shall not represent, suggest, or imply that consumers or others have direct access to MLS databases, or that consumers or others are able to search the MLS databases available only to Participants and Subscribers. This does not prohibit Participants and Subscribers from representing that any information they are authorized under MLS rules to provide to clients or customers is available on their websites or otherwise. (Adopted 11/07)

 

Section 4.5 Services Advertised as “Free”

MLS Participants and Subscribers must not represent that their brokerage services to a client or customer are free or available at no cost to their clients, unless the Participant or Subscriber will receive no financial compensation from any source for those services. (Amended 11/21) M

 

Section 4.6 No Filtering of Listings

Participants and Subscribers must not filter out or restrict MLS listings that are communicated to customers and clients based on the existence or level of compensation offered to the cooperating broker or the name of a brokerage or agent. M

 

Section 4.7 Use of MLS Information; W Category C

The MLS is:

• A service for the orderly correlation and dissemination of listing information so participants/subscribers may better serve their clients, customers, and the public.
• A means of enhancing cooperation among participants/subscribers.
• A means by which information is accumulated and disseminated to enable authorized participants to prepare appraisals, analyses, and other valuation of real property for bona fide clients and customers
• A means by which participants engaging in real estate appraisal contribute to a common database.

 

When a Seller agrees to have properties listing in the MLS, they have not given permission to disseminate their personal information for any other purpose than above.  Participants and Subscribers are expressly prohibited from using MLS information for any purpose other than to market property to bona fide prospective buyers or to support market evaluation process.

• Contacting property owners of cancelled and expired listings is expressly prohibited, commonly referred to as “Farming Listings”.
• No solicitation of any products or services to sellers or buyers

 

Participants and Subscribers have elected to join the MLS for the purpose of collaboration and cooperation.   No subscriber may use, or provide roster data to a vendor, to market or solicit business from other subscribers.  Data and contact information may not be used to recruit agents to another brokerage.

Information may be used to develop Statistics, Market Conditions Reports, and Broker or Agent Metrics.  Any use of the MLS information inconsistent with these sections is expressly prohibited.  Nothing in this section, however, shall limit the MLS from entering into licensing agreements with MLS Participants, Subscribers, or third parties for use of the MLS information.  (5/22)

 

No Compensation Specified on MLS Listings

Section 5  No Compensation Specified on MLS Listings

 

Participants, Subscribers, or their sellers may not make offers of compensation to buyer brokers and other buyer representatives in the MLS.

 

Use of MLS data or data feeds to directly or indirectly establish or maintain a platform to make offers of compensation from multiple brokers to buyer brokers or other buyer representatives is prohibited and must result in the MLS terminating that Particpant’s access to any MLS data or data feeds.

 

Note 1: The multiple listing service must not have a rule requiring the listing broker to disclose the amount of total negotiated Commission in his listing contract, and the multiple listing service shall not publish the total negotiated Commission on a listing which has been submitted to the MLS by a participant. The multiple listing service must prohibit disclosing in any way the total Commission negotiated between the seller and the listing broker, or total broker compensation (i.e. combined compensation to both listing brokers and buyer brokers.

Note 2: The multiple listing service shall make no rule on the division of commissions between participants and nonparticipants. This should remain solely the responsibility of the listing broker.

 

Note 3: Multiple listing services must give participants the ability to disclose to other participants any potential for a short sale. As used in these rules, short sales are defined as a transaction where title transfers, where the sale price is insufficient to pay the total of all liens and costs of sale and where the seller does not bring sufficient liquid assets to the closing to cure all deficiencies. Multiple listing services may, as a matter of local discretion, require participants to disclose potential short sales when participants know a transaction is a potential short sale. (Amended 8/24) M

 

Section 5.0.0 Required Consumer Disclosure

Disclosure of Compensation: MLS Participants and Subscribers must:

 

1. Disclose to prospective sellers and buyers that broker compensation is not set by law and is fully negotiable. This must be included in conspicuous language as part of any listing agreement, buyer written agreement, and pre-closing disclosure documents (if any).

 

2. Conspicuously disclose in writing to sellers, and obtain the seller’s authority, for any payments or offer of payment that the listing Participant or seller will make to another broker, agent, or other representative (e.g. real estate attorney) acting for buyers. This disclosure must include the amount or rate of any such payment and be made in writing in advance of any payment or agreement to pay. (Adopted 8/24) M

 

 

 

Section 5.0.1 Disclosing Potential Short Sales & Foreclosures; M Category A

Participants must disclose potential short sales (defined as a transaction where title transfers, where the sale price is insufficient to pay the total of all liens and costs of sale and where the seller does not bring sufficient liquid assets to the closing to cure all deficiencies) when reasonably known to the listing participants. (Amended 8/24)

 

It is mandatory to mark the Foreclosed box under Coded Features/Special Information when a property is a foreclosure. (Adopted 2/10)

 

Section 5.0.2 Written Buyer Agreement

Unless inconsistent with state or federal law or regulation, all MLS Participants working with a buyer must enter into a written agreement with the buyer prior to touring a home. The written agreement must include:

 

1. a specific and conspicuous disclosure of the amount or rate of compensation the Participant will receive or how this amount will be determined, to the extent that the Participant will receive compensation from any source.
2. the amount of compensation in a manner that is objectively ascertainable and not open-ended.
3. a term that prohibits the Participant from receiving compensation for brokerage services from any source that exceeds the amount or rate agreed to in the agreement with the buyer; and
4. a conspicuous statement that broker fees and commissions are not set by law and are fully negotiable. M (Adopted 8/24)

 

 

 

Section 5.1: Participant as Principal; M   Category A

If a Participant or any licensee (or licensed or certified appraiser) affiliated with a Participant has any ownership interest in a property, the listing of which is to be disseminated through the Service, that person shall disclose that interest when the listing is filed with the Service and such information shall be disseminated to all Service participants by selecting Owner/Licensee under Special Information and disclosing in public remarks. (Rev 11/1/18)

 

Section 5.2: Participant as Purchaser; M   Category A

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. (Adopted 4/92)

 

Service Charges

Section 6:  Service Fees and Charges; M

The following service charges for operation of the multiple listing service are in effect to defray the costs of the service and are subject to change from time to time in the manner prescribed:

Initial Participation Fee: An applicant for participation in the service shall pay an application fee to accompany the application.

Note: The initial participation fee shall approximate the cost of bringing the service to the participant.

Recurring Participation Fee: The annual participation fee of each participant shall be an amount equal to the individual fee of each salesperson and licensed or certified appraiser who has access to and use of the service, whether licensed as a broker, sales licensee, or licensed or certified appraiser who is employed by or affiliated as an independent contractor with such participant. Payment of such fees shall be made on or before the first day of the fiscal year of the multiple listing service. Fees shall be prorated on a mid year  basis. (Amended 8/24)

However, MLSs must provide participants the option of a no-cost waiver of MLS fees, dues, and charges for any licensee or licensed or certified appraiser who can demonstrate subscription to a different MLS or CIE where the principal broker participates. MLSs may, at their discretion, require that broker participants sign a certification for nonuse of its MLS services by their licensees, which can include penalties and termination of the waiver if violated.* (Amended 5/18 and 8/18)

Note 1:  A multiple listing service may elect to have such fees payable on a quarterly or even on a monthly basis. However, added administrative services are necessitated by increased frequency of such payments.

Note 2: Multiple listing services that choose to include affiliated unlicensed administrative and clerical         staff, personal assistants, and/or individuals seeking licensure or certification as real estate appraisers among those eligible for access to and use of MLS information as subscribers may, at their discretion, charge recurring fees. (Amended 11/17) R

Any Participant may withdraw and subsequently rejoin the Service within the same billing year provided all fines and fees owed to the Service by said Participant are paid in full at the time of rejoining including a reinstatement fee.

Section 6.1: Service Fees – Billing and Responsibility; W

All Participants/Subscribers: All Service fees and charges, including, but not limited to initial participation fees, recurring participation fees, listing origination fees, subscription fees, etc., shall be assessed to Participants and to individual users as Subscribers. If direct billing of Subscribers is utilized, the ultimate responsibility for delinquent dues, fees and charges is that of the Participant exclusively. If a Subscriber’s individual access to Service services is denied for non-payment of delinquent fees and charges the Broker shall be notified. Upon proper notification to the Participant, all subscription fees for that Subscriber will be the responsibility of the Participant if the Subscriber is licensed with the Participant or until the Subscriber pays all delinquent fees plus applicable reactivation fees.

Fees shall be established by the Board of Directors. The Board of Directors shall, at least annually, review the financial position of the service and, if applicable, adjust or change the service fees to members.

Section 6.2: Waivers of Fees; W   

Waivers from the fees can be granted by the Board of Directors to a Service Subscriber in good standing.

Compliance with Rules 

Section 7: Compliance with Rules - Authority to Impose Discipline; M  

By becoming and remaining a Participant or Subscriber in this Service, each Participant and Subscriber agrees to be subject to the rules and regulations and any other Service governance provision. The Service may, through the administration and hearing procedures established in these rules, impose discipline for violations of the rules and other Service governance provisions. Discipline that may be imposed may only consist of one or more of the following:

 

1. letter of warning
2. letter of reprimand
3. attendance at appropriate courses or seminars which the Participant or Subscriber can reasonably attend taking into consideration cost, location, and duration.
4. appropriate, reasonable fine not to exceed $15,000.
5. suspension of MLS rights, privileges, and services for not less than thirty (30) days nor more than one (1) year
6. termination of MLS rights, privileges, and services with no right to reapply for a specified period not to exceed three (3) years. (Rev 11/1/2018)

 

 

 

Note 1: A Participant (or user/Subscriber, where applicable can be placed on probation. Probation is not a form of discipline. When a Participant (or user/Subscriber, where appropriate) is placed on probation the discipline is held in abeyance for a stipulated period not longer than one (1) year. Any subsequent finding of a violation of the MLS rules during the probationary period may, at the discretion of the Board of Directors, result in the imposition of the suspended discipline. Absent any subsequent findings of a violation during the probationary period, both the probationary status and the suspended discipline are considered full, and the individual’s record will reflect the fulfillment. The fact that one or more forms of discipline are held in abeyance during the probationary period does not bar imposition of other forms of discipline which will not be held in abeyance. (Revised 05/14)

 

Note 2: MLS participants and subscribers can receive no more than three (3) administrative sanctions in a

calendar year before they are required to attend a hearing for their actions and potential violations of MLS ,

rules except that the MLS may allow more administrative sanctions for violations of listing information

provided by participants and subscribers before requiring a hearing. The MLS must send a copy of all

administrative sanctions against a subscriber to the subscriber’s participant and the participant is required to

attend the hearing of a subscriber who has received more than three (3) administrative sanctions within a

calendar year. (Adopted 11/20)

 

Section 7.1: Compliance with Rules; I/O

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

1. for failure to pay any service charge or fee within one (1) month of the date due, and provided that at least ten (10) days’ notice has been given, the service shall be suspended until service charges or fees are paid in full.
2. for failure to comply with any other rule, the provisions of Section 9 and 9.1 shall apply.

 

Note:  Generally, warning, censure, and the imposition of a moderate fine are sufficient to constitute a deterrent to violation of the rules and regulations of the multiple listing service. Suspension or termination is an extreme sanction to be used in cases of extreme or repeated violation of the rules and regulations of the service. If the MLS desires to establish a series of moderate fines, they should be clearly specified in the rules and regulations. (Amended 11/88)

 

 

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

Non-principal Brokers, sales licensees, appraisers, and others authorized to have access to information published by the Service 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 Service information is contingent on compliance with the rules and regulations. Further, failure of any user or Subscriber to abide by the rules and/or any sanction imposed for violations thereof can subject the Participant to the same or other discipline. This provision does not eliminate the Participant’s ultimate responsibility and accountability for all users or Subscribers affiliated with the Participant. (Adopted 4/92)

 

Meetings 

Section 8: Meetings; R

The meetings of the Participants in the service or the Board of Directors of the Service for the transaction of business of the service shall be held in accordance with the provisions of Article 7, Bylaws of the service.

 

Enforcement of Rules or Disputes

Section 9: Considerations of Alleged Violations; M

The Board of Directors shall give consideration to all written complaints having to do with violations of the rules and regulations.  By becoming and remaining a participant, each participant agrees to be subject to these rules and regulations, the enforcement of which are at the sole discretion of the Committee (Board of Directors). (Amended 5/18)

When requested by a complainant, the MLS will process a complaint without revealing the complainant’s identity. If a complaint is subsequently forwarded to a hearing, and the original complainant does not consent to participating in the process, the MLS will appoint a representative to serve as the complainant. (Amended 11/20)

 

9.1: Violations of Rules and Regulations; M/W

 

 

If the alleged offense is a violation of the Rules and Regulations of the Service and does not involve a charge of alleged unethical conduct, or a request for arbitration, it will be administratively considered.  If a violation is determined, the Directors may direct the imposition of sanction, provided the recipient of such sanction may request a hearing by the Board of Directors. Requests for a hearing must be submitted within twenty (20) days following receipt of the sanction. Absent a request for a hearing, the sanction imposed by the Board of Directors shall be final. (Amended 11/96)

 

Investigation of Complaints: Prior to issuing a sanction the Board of Directors may ascertain any information necessary to verify facts relative to the alleged offense. Such investigation may include an inquiry conducted at a regular or special meeting of the Directors, provided the respondent(s) receive not less than 10 days written notification of such inquiry.

 

Conducting a Hearing: In conducting the hearing, the Directors shall not be bound by the rules of evidence applicable in courts of law but shall afford all parties a full opportunity to be heard, present witnesses and offer evidence, subject to the Director’s judgment as to its relevance. The hearing process and imposition of additional sanctions shall be conducted in accordance with the National Association of Realtors® Code of Ethics and Arbitration Manual and Handbook on Multiple Listing Policy as they relate to Services.

 

9.2: Complaints of Unethical Conduct; M

All other complaints of unethical conduct against REALTOR® members shall be referred to the Board or Association in which that member holds primary membership for appropriate action in accordance with the professional standards procedures established by the Bylaws of that Association. (Amended 11/88)

 

9.3 Complaints of Unauthorized Use of Listing Content; M

Any participant who believes another participant has engaged in the unauthorized use or display of listing content, including photographs, images, audio or video recordings, and virtual tours, shall send notice of such alleged unauthorized use to the MLS. Such notice shall be in writing, specifically identify the allegedly unauthorized content, and be delivered to the MLS not more than sixty (60) days after the alleged misuse was first identified. No participant may pursue action over the alleged unauthorized use and display of listing content in a court of law without first completing the notice and response procedures outlined in this Section 9.3 of the MLS rules.

Upon receiving a notice, the Board of Directors will send the notice to the participant who is accused of unauthorized use. Within ten (10) days from receipt, the participant must either: 1) remove the allegedly unauthorized content, or 2) provide proof to the Board of Directors that the use is authorized. Any proof submitted will be considered by the Board of Directors, and a decision of whether it establishes authority to use the listing content will be made within thirty (30) days.

If the Board of Directors determines that the use of the content was unauthorized, the Board of Directors may issue a sanction pursuant to Section 7 of the MLS rules, including a request to remove and/or stop the use of the unauthorized content within ten (10) days after transmittal of the decision. If the unauthorized use stems from a violation of the MLS rules, that too will be considered at the time of establishing an appropriate sanction.

If after ten (10) days following transmittal of the Board of Director’s determination the alleged violation remains uncured (i.e., the content is not removed or the rules violation remains uncured), then the complaining party may seek action through a court of law. (Adopted 5/18)

Section 9.4 MLS Rules Violations; M

MLS participants may not take legal action against another participant for alleged rules violation(s) unless the complaining participant has first exhausted the remedies provided in these rules. (Adopted 5/18) M

Section 9.5 Participant and Subscriber Contact Information; W

1. All Participants and Subscribers must maintain a valid email address and contact phone number.
2. Other contact information including address must be updated within 10 days of change.

 

Section 9.6 Examination of Documents; W

The service has the right to request and examine any documents which pertain to the information entered into the system. The service will not give real estate or legal advice but may use documents to settle disputes and verify information for MLS accuracy purposes only and to protect the service from legal action. (Rev 9-28-16)

 

 

Confidentiality of SERVICE Information 

 

Section 10: Confidentiality of Service Information; M   Category C

Any information provided by the Service to the Participants shall be considered official information of the Service. Such information shall be considered confidential and exclusively for the use of Participants and real estate licensees affiliated with such Participants and those Participants who are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property and licensed or certified appraisers affiliated with such Participants. (Amended 4/92)

Section 10.1: Service Responsibility for Accuracy of Information; R

The information published and disseminated by the service is communicated verbatim, without change by the service, as filed with the Service by the Participant. The Service does not verify such information provided and disclaims any responsibility for its accuracy. Each Participant agrees to hold the service harmless against any liability arising from any inaccuracy or inadequacy of the information such participant provides.

Section 10.2: Access to Comparable and Statistical Information; W

REALTORS® who are actively engaged in real estate brokerage, management, appraising, land development, or buildings, but who do not participate in the Service, 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 Service, including comparable information, sold information, and statistical reports. This information is provided for the exclusive use of these members and individuals affiliated with these members who are also engaged in the real estate business and may not be transmitted, retransmitted, or provided in any manner to any unauthorized individual, office, or firm, except as otherwise provided in these rules and regulations.

 

Ownership of Service Compilation* and Copyright

 

Section 11; I

By the act of submitting any property listing content to the MLS the participant represents and warrants that he or she is fully authorized to license the property listing content as contemplated by and in compliance with this section and these rules and regulations, and also thereby does grant to the MLS license to include the property listing content in its copyrighted MLS compilation and also in any statistical report on comparable. 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 the listed property. (Amended 5/18) M

Each participant who submits listing content to the MLS agrees to defend and hold the MLS and every other participant harmless from and against any liability or claim arising from any inaccuracy of the submitted listing content or any inadequacy of ownership, license, or title to the submitted listing content. (Adopted 5/18) M

 

*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 whatsoever.

Note: The Digital Millennium Copyright Act (DMCA) is a federal copyright law that enhances the penalties for copyright infringement occurring on the Internet. The law provides exemptions or “safe harbors” from copyright infringement liability for online service providers (OSP) that satisfy certain criteria. Courts construe the definition of “online service provider” broadly, which would likely include MLSs as well as participants and subscribers hosting an IDX display.

Note: One safe harbor limits the liability of an OSP that hosts a system, network or website on which Internet users may post user-generated content. If an OSP complies with the provisions of this DMCA safe harbor, it cannot be liable for copyright infringement if a user posts infringing material on its website. This protects an OSP from incurring significant sums in copyright infringement damages, as statutory damages are as high as $150,000 per work. For this reason, it is highly recommended that MLSs, participants and subscribers comply with the DMCA safe harbor provisions discussed herein.

To qualify for this safe harbor, the OSP must:

1. Designate on its website and register with the Copyright Office an agent to receive takedown requests. The agent could be the MLS, participant, subscriber, or other individual or entity.
2. Develop and post a DMCA-compliant website policy that addresses repeat offenders.
3. Comply with the DMCA takedown procedure. If a copyright owner submits a takedown notice to the OSP, which alleges infringement of its copyright at a certain location, then the OSP must promptly remove allegedly infringing material. The alleged infringer may submit a counter-notice that the OSP must share with the copyright owner. If the copyright owner fails to initiate a copyright lawsuit within ten (10) days, then the OSP may restore the removed material.
4. Have no actual knowledge of any complained-of infringing activity.
5. Not be aware of facts or circumstances from which complained-of infringing activity is apparent.
6. Not receive a financial benefit attributable to complained-of infringing activity when the OSP is capable of controlling such activity.

Full compliance with these DMCA safe harbor criteria will mitigate an OSP’s copyright infringement liability. For more information see 17 U.S.C. §512. (Adopted 11/15)

Section 11.1; R

All right, title, and interest in each copy of every multiple listing compilation created and copyrighted by the Service and in the copyrights therein, shall at all times remain vested in the WARDEX Service.  

 

Section 11.2: Display; M Category C

Each Participant shall be entitled to lease from the service a number of copies of each Service 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 service compilation in accordance with these rules.  

**This section should not be construed to require the Participant to lease a copy of the SERVICE compilation for any licensee (or licensed or certified appraiser) affiliated with the Participant who is engaged exclusively in a specialty of the real estate business other than listing, selling, or appraising the types of properties which are required to be filed with the SERVICE and who does not, at any time, have access to or use of the SERVICE information or SERVICE facility of the association

Use of Copyrighted Service Compilation

 

Section 12: Distribution; R Category C

Participants shall, at all times, maintain control over and responsibility for each copy of any Service compilation leased to them by the WARDEX, 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 Service. Use of information developed by or published by the WARDEX 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 the WARDEX where access to such information is prohibited by law.  (Amended 4/92)

Section 12.1: Display; M   Category C

Participants and those persons affiliated as licensees with such participants shall be permitted to display the Service 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 Service compilation.

Section 12.2: Reproduction of MLS Information; M   Category C

Participants or their affiliated licensees shall not reproduce any Service compilation or any portion thereof, except in the following limited circumstances:

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

*It is intended that the participant be permitted to provide prospective purchasers with listing data relating to properties which the prospective purchaser has a bona fide interest in purchasing or in which the participant is seeking to promote interest. The term reasonable, as used herein, should therefore be construed to permit only limited reproduction of property listing data intended to facilitate the prospective purchaser’s decision-making process in the consideration of a purchase. Factors which shall be considered in deciding whether the reproductions made are consistent with this intent and thus reasonable in number, shall include, but are not limited to, the total number of listings in the MLS compilation, how closely the types of properties contained in such listings accord with the prospective purchaser’s expressed desires and ability to purchase, whether the reproductions were made on a selective basis, and whether the type of properties contained in the property listing data is consistent with a normal itinerary of properties which would be shown to the prospective purchaser.

 

Reproductions made in accordance with this rule shall be prepared in such a fashion that the property listing data of properties other than that in which the prospective purchaser has expressed interest, or in which the participant or the affiliated licensees are seeking to promote interest, does not appear on such reproduction.

Nothing contained herein shall be construed to preclude any participant from utilizing, displaying, distributing, or reproducing property listing sheets or other compilations of data pertaining exclusively to properties currently listed for sale with the participant.

Any Service information, whether provided in written or printed form, provided electronically, or provided in any other form or format, is provided for the exclusive use of the participant and those licensees affiliated with the participant who are authorized to have access to such information. Such information may not be transmitted, retransmitted, or provided in any manner to any unauthorized individual, office, or firm.

None of the foregoing shall be construed to prevent any individual legitimately in possession of current listing information, sold information, comparable, or statistical information from utilizing such information to support valuations on particular properties for clients and customers. Any MLS content in data fields available to Participants for real estate brokerage purposes must also be available to Participants for valuation purposes, including automated valuations. MLSs must either permit use of existing data feeds, or create a separate data feed, to satisfy this requirement. MLSs may require execution of a third-party license agreement were deemed appropriate by the MLS. MLSs may require Participants who will use such data feeds to pay the reasonably estimated costs incurred by the MLS in adding or enhancing its downloading capacity for this purpose. Information deemed confidential may not be used as supporting documentation. Any other use of such information is unauthorized and prohibited by these rules and regulations. (Amended 05/14)

Use of Service Information

 

Section 13: Limitations on Use of SERVICE Information; M

Use of information from Service compilation of current listing information, from the association’s statistical report, or from any sold or comparable report of the association or Service for public mass media advertising by a Service 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 its Service 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 Western Arizona REALTORS® Data Exchange for the period (date) through (date).” (Amended 11/93)

Changes in Rules and Regulations 

Section 14: Changes in Rules and Regulations; M  

Amendments to the rules and regulations of the service shall be by consideration and approval of the board of directors of the multiple listing service.  The Shareholder Representative carries the vote of final approval by the board of directors of the Shareholder Associations.

Arbitration of Disputes 

 

Section 15: Arbitration of Disputes; O

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 Service Participants in different firms arising out of their relationships as Service Participants, subject to the following qualifications.

1. If all disputants are members of the same association of REALTORS_® or have their principal place of business within the same association’s territorial jurisdiction, they shall arbitrate pursuant to the procedures of that association of REALTORS_®.
2. If the disputants are members of different associations of REALTORS_® or if their principal place of business is located within the territorial jurisdiction of different associations of REALTORS_®, they remain obligated to arbitrate in accordance with the procedures of the Arizona Association of REALTORS®.

 

Section 16  Standards of Conduct for MLS Participants*

*This is an optional NAR Section that since Professional Standards are held with our Shareholder Associations WARDEX opts out.

 

 

Orientation

 

Section 17: Orientation; M   Category B

Any applicant for MLS participation and any licensee (including licensed or certified appraisers) 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. (Amended 11/04)  

Participants and subscribers may be required, at the discretion of the MLS, to complete additional training of not more than four (4) classroom hours in any twelve (12) month period when deemed necessary by the MLS to familiarize participants and subscribers with system changes or enhancements and/or changes to MLS rules or policies. Participants and subscribers must be given the opportunity to complete any mandated orientation and additional training remotely. Education in lieu of fines or in conjunction with disciplinary actions may require additional training hours.  (Amended 11/17)

 

 

 

 

 

 

 

 

 

WARDEX DEFINITIONS (11/18/2020)

 

ACCESS CREDENTIALS. Subscribers shall be given access credentials in the form of an identification word or number, a password, and any other form of individual secure identification that WARDEX may implement to preserve security of the system. Subscribers may not share their access credentials with anyone, whether the other party is another Subscriber or non-Subscriber. Further Subscribers may not share access to the system by allowing anyone else to participate in an online access session using their access credentials, whether the actual credentials were disclosed or shared. Further, in the course of their normal real estate practices, Subscribers may not use or convey all or any portion of the WARDEX Compilation from the system in any way to any non-Subscriber, non-Participant, or any ancillary business (whether or not affiliated with a Participant).

 

ACTIVE: a listing must be entered into the MLS within one day of its execution by seller signature. The listing must be in writing and be an Exclusive right to Sell or Exclusive Agency listing. The exception is when an Exclusive Office Listing or NDA form signed by all parties and is submitted to the MLS within one day.

 

CONTINGENCY: this status change may only be selected when there is an AAR Buyer Contingency Addendum signed by all parties and incorporated in the executed contract. The contract must be contingent on the Buyer accepting an offer or on close of escrow on a specific designated property. This listing will continue to be active in IDX.

 

CASITA: a casita must have its own entrance and a built-in cooking area to be counted.  An extra space or room with only a bath and a bedroom space is not a casita. Please refer to Fannie Mae definition* for further detail.

*An ADU, commonly referred to as an accessory apartment or secondary suite, is a smaller additional living space on the same lot as a single-family home. It has to include space for living, sleeping, cooking and bathrooms independent of the primary residence. While the ADU may or may not include access to the primary residence, it must be accessible without going through the primary residence and there must be some expectation of privacy from the home.

 

CANCEL: the seller and broker have agreed to cancel the listing agreement in writing. Status must be changed within one day of this cancellation.

 

CLOSED: listing must be placed closed within one day after close of escrow.

 

EXPIRED: the expired date in the contract and entered the system has arrived. The system will automatically expire the listing. After thirty (30) the listing cannot be reactivated and must be entered as a new listing or cloned.

 

SHAREHOLDER SUBSCRIBERS – appraiser, brokers, agents, and non-licensed personnel employed by same who are active members of Kingman Golden Valley Association of Realtor or Bullhead Mohave Valley Association of Realtors

 

MLS ONLY SUBSCRIBERS – appraisers, brokers, agents, and non-licensed personnel employed by same who are not members of Kingman Golden Valley Association of Realtors or Bullhead Mohave Valley Association of Realtors but have opted to have Professional Standards held by the Shareholder

 

OWNERSHIP OF WARDEX COMPILATIONS AND COPYRIGHTS. By the act of submitting any property Listing content to the MLS, the Participant represents that and warrants he or she is fully authorized to license the property Listing content as contemplated by and in compliance with this section and these rules, and also thereby does grant WARDEX license to include the property Listing content in its copyrighted WARDEX Compilation and also in any statistical report. 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 the listed property. All rights, title, and interest in each copy of the WARDEX Compilation created and copyrighted by WARDEX, and in the copyrights therein, shall at all times remain vested in WARDEX.

 

Each participant who submits listing content to WARDEX agrees to defend and hold WARDEX and all other Participants/Subscribers harmless from and against any liability or claim arising from any inaccuracy of the submitted listing content or any inadequacy of ownership, license, or title to the submitted listing content.

 

PENDING: a listing with an executed contract must be placed pending within one day

 

PENDING CONTINUE TO SHOW: this status if for pended listing where the seller wants to continue to show the property

 

TEMPORARY OFF THE MARKET: the listing is temporarily taken off the market by the seller until a particular item or situation is accomplished within the 30-day time frame.

 

BEDROOM VS DEN: a bedroom must have an outside window and door but cannot have a door from the garage into it. If you have a room that meets all these requirements, then it is a bedroom, not a den. In any case, only one may be entered in database

 

CLOSING OF A NEW HOME; closing is after the Final or Certificate of Occupancy is issued, and/or deed is recorded, not when construction loan is issued.

 

GARAGE:  To determine how many garages - what is under one roof. It can have a 2 door and a 1 door but if it is all under one roof, it is one garage. If there are additional garages that are separate, then you add what you have under one roof.. Garage spaces, how many average size cars can be parked in the garage(s) side by side or behind one another.

MOTOR HOME PARKING: In order to consider an area on the side of a house motor home parking it must be accessible to drive into with a minimum 10 feet clearance from all obstructions such as overhangs, ground mounted a/c units, etc.

MOTOR HOME/RV GARAGE (Rev 10/19/11): To consider a garage a motor home/RV garage it must have a minimum of a 10x12 ft. wide door.

 

PRESOLD LOT/HOME PACKAGES

Homes under contract to be built.

 

ROOFING:

Whatever type of roofing covers at least 80% of the roof will be the roof type. Mark one (1) only on the data form. Example: a Santa Fe style, flat roof, hot mop roof with a section of tile over the front door is not a tile roof. A shingle roof with tile just along the trim is not a tile roof. A tile roof with a shingle pad around the a/c unit is a tile roof.

 

RV PARKING

To consider an area on the property RV parking it must be accessible to drive into with a level driving area of 8 ft. minimum width measured from the house wall outward.

 

TO BE BUILT

Future homes to be built on vacant lots with the sale contingent on the construction of a home using the lot’s seller/builder or seller’s hired builder’s floor plan.

 

 

 

 

 

 

 

 

 

WARDEX Administration Sanction Process M

Administrative Sanctions defined from NAR

In any instance where a participant/subscriber in a multiple listing service is charged with violation of the MLS bylaws or rules and regulations of the service, and such charge does not include alleged violations of the Code of Ethics or the Standards of Conduct for MLS participants/subscribers, or a request for arbitration, the MLS may impose administrative sanctions.  Recipients of an administrative sanction may request an appeal and/or a hearing. MLS participants and subscribers can receive no more than three (3) administrative sanctions in a calendar year before they are required to attend a hearing for their actions and potential violations of MLS rules, except that the MLS may allow more administrative sanctions for violations of listing information provided by participants and subscribers before requiring a hearing. The MLS must send a copy of all administrative sanctions against a subscriber to the subscriber’s participant and the participant are required to attend the hearing of a subscriber who has received more than three (3) administrative sanctions within a calendar year.

What is an Administration Sanction

When a Subscriber (Agent) or Participant (Broker) has violated an MLS rule or policy and is sent a notice to correct, or a fine violation.

When a Subscriber has received 4 sanctions then the Subscriber and Broker are required to attend the hearing.

When Participant has received 4 sanctions then just the Broker is required to attend the hearing.

 WARDEX allowance for listing information/Accuracy

If a subscriber receives the following number of notifications to correct or update the next one will become an official “administrative sanction” and count towards the overall sanction.

• Mapping – 2 notifications
• Projected Close – 2 notifications (If it takes more than 2 emails each time, to have corrections made)
• Property Type – 2 notifications
• Parcel Id – 1 notification
• Listing Accuracy - 3 notifications on any type of accuracy of listing data will count as 1 formal sanction for listing accuracy. Any of the above 3 combined or other items such as incorrect address, remarks, picture notifications, etc.

Notification Process

On the 3^rd notice the Participant and Subscriber will be sent a form to sign to confirm they understand that the next sanction/notice will result in an Administration Sanction Hearing.

On the 4^th notice the Participant and Subscriber will be sent a notice to attend an Administration Sanction Hearing. The Participant will be provided two dates and must select one and notify the MLS of the selection.  At the request of the Broker the Office Manager may attend the hearing.

The MLS will notify the panel presiding over the Hearing and confirm the date and time of Hearing with all parties involved.

The MLS will provide both the Participant and Subscriber all prior notices and advise of the status of each notice (if a fine given was issued or just notice to correct)

 

Panel

The Panel will consist of 3 to 5 Participants who have volunteered to serve on the panel.  They may not be members of the MLS Board of Directors.  The President of the MLS Board and the CEO of the MLS will serve on the panel to assist with facilitation with no voting privileges.

The panel will review the notices provided to the Participant and Subscriber on the day of the hearing.

 Hearing Process

The Panel will review the notices and hear directly from the Participant and Subscriber.  Questions may be asked and an opportunity for explanation by the Participant and Subscriber of the notices received.  The Panel will recess and meet in private to determine what the recommendation should be.

Options:

The following options can be administered alone or combined.

• Place Participant and/or Subscriber on a 90-day probation notice
• Suspension of MLS privileges for:
  • 5 days
  • 10 days
  • 30 days
  • 90 days
• Fines
  • $250
  • $500
  • $1500
• Education
  • 4 Hours
  • 8 hours

Appeal process

If the Participant/Subscriber refuses to accept any sanction or discipline proposed, the circumstances of the decisions of the hearing panel shall be appealable to the board of directors of the MLS.

If sanctions are administered, they will go into effect 3 business days after the hearing.  If the Subscriber or Participant wish to appeal, it must be done within 1 business day from hearing.  Upon receipt of an appeal the sanctions will be placed on hold until after the Board can review and issue a final decision.

Complaints of Unethical Conduct

Alleged violations of the Code of Ethics or the Standards of Conduct for MLS participants shall

be referred to the Shareholder Association’s for review and processing in accordance with the professional standards procedures of the State Association.