MLS STATEMENT OF PURPOSE
A Multiple Listing Service is a means by which authorized Listing Participants make blanket unilateral offers of compensation to other Participants (acting as subagents, buyer agents, or in other agency or non agency capacities defined by law); by which cooperation among Participants is enhanced;by which information is accumulated and disseminated to enable authorized Participants to prepare analyses and/or other valuations of real property for bona fide clients and customers; by which Participants engaging in real estate appraisal contribute to common databases; and is a facility for the orderly correlation and dissemination of listing information so participants may better serve their clients and the public. Entitlement to compensation is determined by the cooperating broker’s performance as a procuring cause of the sale (or lease).
The MLS System is operated under the supervision of the MLS Committee in accordance with the Bylaws of the SAN ANTONIO BOARD OF REALTORS®, INC. Article XVIII-Multiple Listing.
Any REALTOR® member of this or any other Board or any nonmember broker who is a principal, partner, or corporate officer, or branch manager acting on behalf of the principal, without further qualification, except as otherwise stipulated in these bylaws, shall be eligible to participate in Multiple Listing upon agreeing in writing to conform to the Rules and Regulations thereof and to pay the costs incidental thereto. However, under no circumstances is any individual or firm, regardless of membership status, entitled to Multiple Listing Service “membership” or “participation” unless they hold a current valid real estate broker’s license and offer or accept compensation to and from other Participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property. **Use of information developed by or published by a Board Multiple Listing Service is strictly limited to the activities authorized under a 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 a Board Multiple Listing Service where access to such information is prohibited by law.
Mere possession of a broker’s license is not sufficient to qualify for MLS participation. Rather, the requirement that an individual or firm offers or accepts cooperation and compensation means that the participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of cooperation and compensation made by listing brokers or agents in the MLS. “Actively” means on a continual and ongoing basis during the operation of the participant’s real estate business. The “actively” requirement is not intended to preclude MLS participation by a participant or potential participant that operates a real estate business on a part-time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a participant or potential participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny participation based on the level of service provided by the participant or potential participant as long as the level of service satisfies state law.
The key is that the participant or potential participant actively endeavors to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on the MLS in which participation is sought. This requirement does not permit an MLS to deny participation to a participant or potential participant that operates a “Virtual Office Website (VOW) (including a VOW that the participant uses to refer customers to other participants) if the participant or potential participant actively endeavors to make or accept offers of cooperation and compensation. An MLS may evaluate whether a participant or potential participant actively endeavors during the operation of its real estate business to offer or accept cooperation and compensation only if the MLS has a reasonable basis to believe that the participant or potential participant is in fact not doing so. The membership requirement shall be applied in a nondiscriminatory manner to all participants and potential participants.
Section 1 – Listing Procedures:
Listings of properties, which are listed subject to a real estate broker’s license, located within the jurisdiction of SABOR (Bexar and Kendall Counties) to be placed in MLS shall be taken as an Exclusive Right To Sell or Exclusive Agency. Net Listings and open listings are not acceptable.
NOTE 1: The Multiple Listing Service shall not require a Participant to submit listings on a form other than the form the Participant individually chooses to utilize provided the listing is of a type accepted by the Service, although a “property data form” may be required as approved by the Multiple Listing Service. However, the Multiple Listing Service, through its legal counsel:
1. May reserve the right to refuse to accept a listing form which fails to adequately protect the interests of the public and the Participants.
2. May assure that no listing form filed with the Multiple Listing Service establishes, directly or indirectly, any contractual relationship between the Multiple Listing Service and the client (buyer or seller).
The listing agreement must include the seller’s written authorization to submit the agreement to Multiple Listing Service.
3. The different types of listing agreements that the MLS shall accept include: (a) exclusive right to sell and (b) exclusive agency.
The exclusive right to sell listing is the conventional form of listing submitted to the Multiple Listing Service in that the seller authorizes the listing broker to cooperate with and to compensate other brokers.
The exclusive agency listing also authorizes the listing broker, as exclusive agent, to offer cooperation and compensation on blanket unilateral basis, but also reserves 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.
Types of Properties: The types of properties that are required to be published through the Service, including types described in the preceding paragraph that are required to be filed with the Service are : 1. residential single family 2. Condominiums 3. Multi-family 4. residential lots/acreage 5. commercial Improved 6. commercial land/unimproved 7. Rural acreage & Farm & Ranch. Types that may be filed with the Service at the Participant’s option provided, however, that any listing submitted is entered into within the scope of the Participant’s licensure as a real estate broker are: 1. Residential rental 2. Commercial leases 3. New construction: Note: If a vacant lot can only be sold with improvement, the property should be listed reflecting total price of lot and improvement as residential or applicable type.
- Section 1.1: Listings Subject to Rules and Regulations of the service: Any listing taken on a contract to be filed with the Multiple Listing Service is subject to the rules and regulations of the service upon signature of the seller(s).
- Section 1.1.2: Listing types required to be filed by the service should be filed within (72) hours or (3) days of commencement of fully executed listing agreement.
- Section 1.2: Detail on Listings Filed with the Service: A listing agreement or property data form, when filed with the Multiple Listing Service by the listing broker, shall be complete in every detail which is ascertainable as specified on the property data form. The 72 hour or three day rule shall apply to listings being submitted under the “SCHEDULED” (SCHD) status.
- (a) Accurate information shall be information relative to the promotion of the property and shall not include listing office/agent promotion. Therefore; all phone numbers, web addresses, and email addresses are not permitted except in the field designed for contact information or in agent remarks.
- (b) A minimum of four photos shall be submitted to the MLS for each property as a required field except where sellers expressly direct that photographs of their property not appear in the MLS compilation. The photo shall be descriptive of what is being sold. A plat or survey of the property being sold or an artist rendering may be submitted in lieu of a photo. Photos submitted may not include signs or other identification of the Brokerage and/or Agent or contact phone numbers.
- Section 1.3: Scheduled Listings: A fully executed listing agreement that has been entered into the MLS may request that the distribution of that listing to participants be restricted for a period of up to 14 days upon submission of the “Sellers Authorization to Exclude Listing” form. Listings placed under the “Scheduled” status will suspend the days on market counter. The use of this status shall only be allowed for the initial entry into the MLS by a single brokerage. Limited information for listings under this status will be made available to all participants including: date of expected status change, address, and listing brokerage.
- Section 1.4: Exempted Listings: If the seller refuses to permit the listing to be disseminated by the Service, the Participant may upon explaining the benefits of MLS to the seller take the listing (“office exclusive”) in which case a “Seller’s Authorization to Exclude Listing” form, signed by the seller, shall be filed with the service within three days of a signed listing agreement but not disseminated to the Participants. As a provision of the rules and regulations the MLS Committee or staff may request a copy of the listing agreement requesting that the listing be excluded from the MLS.
- Section 1.54: Change of Status of Listing: Any change in listed price or other change in the original listing agreement shall be made only when authorized in writing by the seller and shall be filed with the Service within twenty-four (24) hours (excepting weekends, holidays, and postal holidays) after the authorized change is received by the listing broker. The status of a listing cannot be changed for the exclusive purpose of re-listing the property as “new”. A property will only be listed as “new” when a seller has entered into a subsequent listing agreement. .
- Section 1.6:
- (a) Withdrawal of Listing Prior to Expiration: Listings of property may be withdrawn from the Multiple Listing Service by the listing broker before the expiration date of the listing agreement. This would indicate that the property is not being shown; however, a legal listing agreement still exists.
- (b) Cancelled: Sellers do not have the unilateral right to require an MLS to withdraw a listing without the broker’s concurrence. However, when a seller (s) can document that his exclusive relationship with the listing broker has been terminated, the Brokeror the Multiple Listing Service may remove the listing at the request of the seller. In such event the listing will be reported as expired/cancelled indicating that a legal listing agreement no longer exists.
- Section 1.7: Contingencies Applicable to Listings: Any contingency or conditions of any term in a listing shall be specified and noticed to the Participants.
- Section 1.8: Listing Price Specified: The full gross listing price stated in the listing contract will be included in the information published in the MLS compilation of current listings, unless the property is subject to auction.
- Section 1.9: Listing Multiple Unit Properties: All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data form. When part of a listed property has been sold, proper notification should be given to the Multiple Listing Service.
- Section 1.10: No Control of Commission Rates or Fees Charged by Participants: The Multiple Listing Service shall not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by Participants. Further, the Multiple Listing Service shall not fix, control, recommend, suggest, or maintain the division of commissions or fees between cooperating Participants or between Participants and non Participants.
- Section 1.11: Expiration of Listings: Listings filed with the Multiple Listing Service will automatically be removed from the compilation of current listings on the expiration date specified in the agreement, unless prior to that date the MLS receives notice that the listing has been extended or renewed.
If notice of renewal or extension is received after the listing has been removed from the compilation of current listings, the extension or renewal will be published in the same manner as a new listing. Extensions and renewals of listings must be signed by the seller(s).
- Section 1.12: Termination Date on Listings: Listings filed with the Service shall bear a definite and final termination date, as negotiated between the listing broker and the seller.
- Section 1.13: Jurisdiction: Only listings of the designated types of property located within the jurisdiction of the MLS are required to be submitted to the Service. Listings of property located outside the MLS’s jurisdiction,provided that the property is within the state of Texas, will be accepted if submitted voluntarily by a Participant, but cannot be required by the Service. Once listing is submitted it is subject to all MLS Rules and Regulations.
- Section 1.14: days on market (DOM) and cumulative days on market (CDOM) are tracked and made available to Participants/Subscribers, neither it nor any information from which it may be determined (such as the current list date, or prior list and expiration dates) shall be classified as confidential, nor may participants be prohibited from making such information available to clients or customers pursuant to the same rules governing dissemination of other non-confidential data fields. Classification as non-confidential does not authorize inclusion of such information in advertisements, including IDX display, of other participants’ listings.
- Section 1.15: Listings of Suspended Participants: When a Participant of the Service is suspended from the MLS for failing to abide by a membership duty (i.e., violation of the Code of Ethics, Board bylaws, MLS bylaws, MLS rules and regulations, or other membership obligation except failure to pay appropriate dues, fees, or charges), all listings currently filed with the MLS by the suspended Participant shall, at the Participant’s option, be retained in the Service until sold, withdrawn or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the suspension became effective. If a Participant has been suspended from the Board (except where MLS participation without Board membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees, or charges, a Board MLS is not obligated to provide MLS services, including continued inclusion of the suspended Participant’s listings in the MLS compilation of current listing information. Prior to any removal of a suspended Participant’s listings from the MLS, the suspended Participant should be advised, in writing, of the intended removal so that the suspended Participant may advise his clients.
- Section 1.16: Listings of Expelled Participants: When a Participant of the Service is expelled from the MLS for failing to abide by a membership duty (i.e., violation of the Code of Ethics, Board bylaws, MLS bylaws, MLS rules and regulations, or other membership obligations except failure to pay appropriate dues, fees, or charges), all listings currently filed with the MLS shall, at the expelled Participant’s option, be retained in the Service until sold, withdrawn, or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the expulsion became effective. If a Participant has been expelled from the Board (except where MLS participation without Board membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees, or charges, a Board MLS is not obligated to provide MLS services, including continued inclusion of the expelled Participant’s listings in the MLS compilation of current listing information. Prior to any removal of an expelled Participant’s listings from the MLS, the expelled Participant should be advised, in writing, of the intended removal so that the expelled Participant may advise his clients.
- Section 1.17: Listings of Resigned Participants: When a Participant resigns from the MLS; the MLS is not obligated to provide services, including continued inclusion of the resigned Participant’s listings in the MLS compilation of current listing information. Prior to any removal of a resigned Participant’s listings from the MLS, the resigned Participant should be advised, in writing, of the intended removal so that the resigned Participant may advise his clients.
Section 2 – Selling Procedures:
Showings and Negotiations: Appointments for showings and negotiations with the seller for the purchase of listed property filed with the Multiple Listing Service shall be conducted through the listing broker, except under the following circumstances:
- the listing broker gives the cooperating broker specific authority to show and/or negotiate directly, or.
- after reasonable effort, the cooperating broker cannot contact the listing broker or his representative; however, the listing broker, at his option, may preclude such direct negotiations by cooperating brokers. (Amended 4/92)
- Section 2.1: Presentation of Offers: The listing broker must make arrangements to present the offer as soon as possible, or give the cooperating broker a satisfactory reason for not doing so.
- Section 2.2: Submission of Written Offers: The listing broker shall submit to the seller all written offers until closing unless precluded by law, government rule, regulation, or agreed otherwise in writing between the seller and the listing broker. Unless the subsequent offer is contingent upon the termination of an existing contract, the listing broker shall recommend that the seller obtain the advice of legal counsel prior to acceptance of the subsequent offer.
Participants representing buyers or tenants shall submit to the buyer or tenant all offers and counter-offers until acceptance, and shall recommend that buyers and tenants obtain legal advice where there is a question about whether a pre-existing contract has been terminated.
- Section 2.3: Right of Cooperating Broker in Presentation of Offer: The cooperating broker (subagent or buyer agent) or his representative has the right to participate in the presentation to the seller or lessor of any offer he secures to purchase or lease. He does not have the right to be present at any discussion or evaluation of that offer by the seller or lessor and the listing broker. However, if the seller or lessor gives written instructions to the listing broker that the cooperating broker not be present when an offer the cooperating broker secured is presented, the cooperating broker has the right to a copy of the seller’s written instructions. None of the foregoing diminishes the listing broker’s right to control the establishment of appointments for such presentations.
- Section 2.4: Right of Listing Broker in Presentation of Counter-Offer: The listing broker or his representative has the right to participate in the presentation of any counter-offer made by the seller or lessor. He does not have the right to be present at any discussion or evaluation of a counter-offer by the purchaser or lessee (except when the cooperating broker is a subagent). However, if the purchaser or lessee gives written instructions to the cooperating broker that the listing broker not be present when a counter-offer is presented, the listing broker has the right to a copy of the purchaser’s or lessee’s written instructions.
- Section 2.5: Status changes, including final closing of sales and sales prices, shall be reported to the multiple listing service by the listing broker within 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 pricesto the listing broker within 24 hours after occurrence and the listing broker shall report them to the MLS within 24 hours after receiving notice from the cooperating broker.
NOTE: The listing agreement of a property filed with the MLS by the listing broker should include a provision expressly granting the listing broker authority to advertise; to file the listing with the MLS; to provide timely notice of status changes of the listing to the MLS; and to provide sales information including selling price to the MLS upon sale of the property. If deemed desirable by the MLS to publish sales information prior to final closing (settlement) of a sales transaction, the listing agreement should also include a provision expressly granting the listing broker the right to authorize dissemination of this information by the MLS to its participants.
- Section 2.6: Sales of listed property, all mandatory data fields must be reported promptly by the listing brokers. Failure to report sales price may result in a fine of $10,000. Failure to pay the fine may result in the termination of the Broker from the service.
Sales price is confidential and the use is limited 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.
- Section 2.7: Reporting Resolutions of Contingencies: The listing broker shall report to the Multiple Listing Service within twenty-four (24) hours that a contingency on file with the Multiple Listing Service has been fulfilled or renewed, or the agreement cancelled.
- Section 2.8: Advertising of Listing Filed with the Service: A listing shall not be advertised by any Participant other than the listing broker without the prior consent of the listing broker.
- Section 2.9: Reporting Cancellation of Pending Sale: The listing broker shall report immediately to the Multiple Listing Service the cancellation of any pending sale, and the listing shall be reinstated immediately.
Section 3 – Refusal to Sell:
If the seller of any listed property filed with the Multiple Listing Service refuses to accept a written offer satisfying the terms and conditions stated in the listing, such fact shall be transmitted immediately to the Service and to all Participants.
Section 4 – Prohibitions:
Information for Participants Only: Any listing filed with the Service shall not be made available to any broker or firm not a Member of the MLS without the prior consent of the listing broker.
- Section 4.1: “For Sale” Signs: Only the “For Sale” sign of the listing broker may be placed on a property.
- Section 4.2: “Sold” Signs: Prior to closing, only the “Sold” sign of the listing broker may be placed on a property, unless the listing broker authorizes the cooperating (selling) broker to post such a sign.
- Section 4.3: Solicitation of Listing Filed with the Service: Participants shall not solicit a listing on property filed with the Service unless such solicitation is consistent with Article 16 of the REALTORS®‘ Code of Ethics, its Standards of Practice, and its Case Interpretations.
Section 5 – Division of Commissions:
Compensation Specified on Each Listing: The listing broker shall specify, on each listing filed with the Multiple Listing Service, the compensation offered to other Multiple Listing Service Participants for their services in the sale of such listing. Such offers are unconditional except that entitlement to compensation is determined by the cooperating broker’s performance as the procuring cause of the sale (or lease) or as otherwise provided for in this rule. The listing broker’s obligation to compensate any cooperating broker as the procuring cause of the sale (or lease) may be excused if it is determined through arbitration that, through no fault of the listing broker and in the exercise of good faith and reasonable care, it was impossible or financially unfeasible for the listing broker to collect a commission pursuant to the listing agreement. In such instances, entitlement to cooperative compensation offered through MLS would be a question to be determined by an arbitration hearing panel based on all relevant facts and circumstances including, but not limited to, why it was impossible or financially unfeasible for the listing broker to collect some or all of the commission established in the listing agreement; at what point in the transaction did the listing broker know (or should have known) that some or all of the commission established in the listing agreement might not be paid; and how promptly had the listing broker communicated to cooperating brokers that the commission established in the listing agreement might not be paid.
NOTE 1: In filing a property with the Multiple Listing Service of a Board of REALTORS®, the Participant of the Service is making blanket unilateral offers of compensation to the other MLS Participants, and shall therefore specify on each listing filed with the Service, the compensation being offered to the other MLS Participants. Specifying the compensation on each listing is necessary, because the cooperating broker has the right to know what his compensation shall be prior to his endeavor to sell.
The listing broker retains the right to determine the amount of compensation offered to other Participants (acting as subagents, buyer agents, or in other agency or non agency capacities defined by law) which may be the same or different.
This shall not preclude the listing broker from offering any MLS Participant compensation other than the compensation indicated on any listing published by the MLS, provided the listing broker informs the other broker, in writing, in advance of his submittingan offer to purchase, and provided that the modification in the specified compensation is not the result of any agreement among all or any other Participants in the Service. Any superseding offer of compensation must be expressed as either a percentage of the gross sales price or as a flat dollar amount.
*The compensation specified on listings filed with the multiple listing service shall appear in one of two forms. The essential and appropriate requirement by an association multiple listing service is that the information to be published shall clearly inform the participants as to the compensation they will receive in cooperative transactions, unless advised otherwise by the listing broker, in writing, in advance of submitting an offer to purchase. The compensation specified on listings published by the MLS shall be shown in one of the following forms:
1. By showing a percentage of the gross selling price
2. by showing a definite dollar amount (Amended 5/10)Note: MLS’s may also, as a matter of local discretion, allow participants to offer cooperative compensation as a percentage of the net sales price, with the net sales price defined as the gross sales price minus buyer upgrades (new construction) and seller concessions (as defined by the MLS unless otherwise defined by state law or regulation. (Adopted 5/08)
While MLS’s are not required to authorize participants to offer cooperative compensation based on net sales prices, those that do permit such offers must define “seller concessions” for purposes other than new construction, unless that term is defined by applicable state law or regulation. The following definition of “seller concessions” is suggested but not required for adoption:
Points paid by seller on behalf of buyer, seller-paid buyer closing costs, cash or cash allowances not escrowed, down payment assistance, additions or alterations not considered deferred maintenance, and personal property not usual and customary to such transactions conveyed from seller to buyer having an agreed upon monetary value. (Adopted 05/12)
- Section 5.0.1: Participants may, but are not required to, disclose potential short sales to other Participants and subscribers. When disclosed, Participants may, at their discretion advise other Participants whether and how any reduction in the gross commission established in the listing contract, required by the lender as a condition of approving the sale, will be apportioned between listing and cooperating Participants.
- Section 5.0.2: Where participants communicate to other participants how any reduction in the gross commission established in the listing contract required by the lender as a condition of approving the sale will be apportioned between the listing and cooperating participants, listing participants shall disclose to cooperating participants in writing the total reduction in the gross commission and the amount which the compensation payable to the cooperating broker will be reduced within 24 hours of receipt of notification from the lender.
- Section 5.1: Participant as Principal: If a Participant or any licensee (or licensed or certified appraiser) affiliated with a Participant has any ownership interest in a property, the listing of which is to be disseminated through the Multiple Listing Service, that person shall disclose that interest when the listing is filed with the Multiple Listing Service and such information shall be disseminated to all Multiple Listing Service Participants.
- Section 5.2: Participant as Purchaser: If a Participant or any licensee (including licensed and certified appraisers) affiliated with a Participant wishes to acquire an interest in property listed with another Participant, such contemplated interest shall be disclosed, in writing, to the listing broker not later than the time an offer to purchase is submitted to the listing broker.
- Section 5.3: Dual or Variable Rate Commission Arrangements: The existence of a dual or variable rate commission arrangement (i.e., one in which the seller/landlord agrees to pay a specified commission if the property is sold/ leased by the listing broker without assistance and a different commission if the sale/lease results through the efforts of a cooperating broker; or one in which the seller/landlord agrees to pay a specified commission if the property is sold/leased by the listing broker either with or without the assistance of a cooperating broker and a different commission if the sale/lease results through the efforts of a seller/landlord) shall be disclosed by the listing broker by a key, code, or symbol as required by the MLS. The listing broker shall, in response to inquiries from potential cooperating brokers, disclose the differential that would result in either a cooperative transaction or, alternatively, in a sale/lease that results through the efforts of the seller/landlord. If the cooperating broker is a buyer/tenant representative, the buyer/tenant representative must disclose such information to their client before the client makes an offer to purchase or lease.
Section 6 – Service Fees and Charges:
The following service charges for operation of the Multiple Listing Service are in effect to defray the costs of the Service and are subject to change from time to time in the manner prescribed.
- Initial Participation Fee: An applicant for participation in the Service shall pay an application fee of $432.50 with such 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 quarterly participation fee of each Participant shall be an amount equal to the quarterly fee established by the Board of Directors times 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, or appraiser trainee 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 each calendar quarter. A late fee of $30 will be assessed for payment received after the 1st day of the calendar quarter. Quarterly fees will be prorated for new Participants/Subscribers to the service upon application. Prorated fees will not be granted for any Participant/Subscriber who had access to the Service the prior calendar quarter. Payment of fees will be made by the Participant except that a Subscriber to the service may make automated credit card payments via the web for Subscribers service unless instructed otherwise by the Participant. Participants shall pay $24 per calendar quarter for all registered unlicensed assistants.
By becoming and remaining a participant or subscriber in this MLS, each participant and subscriber agrees to be subject to the rules and regulations and any other MLS governance provision. The MLS may, through the administrative and hearing procedures established in these rules, impose discipline for violations of the rules and other MLS governance provisions. Discipline that may be imposed may only consist of one or more of the following:
- letter of warning
- letter of reprimand
- attendance at MLS orientation or other appropriate courses or seminars which the participant or subscriber can reasonably attend taking into consideration cost, location, and duration
- appropriate, reasonable fine not to exceed $15,000
- Probation for a stated period of time not less than (30) days nor more than one (1) year
- Suspension of MLS rights, privileges, and services for not less than thirty (30) days nor more than one (1) year
- Termination of MLS rights, privileges, and services with no right to reapply for a specified period not to exceed three (3) years
- Section 7.1 Compliance with Rules: The following action may be taken for noncompliance with the rules:
- (a) for failure to pay any service quarterly fee within one (1) dayof the date due, the Service shall be suspended until service charges or fees are paid in full.
- (b) for failure to comply with any other rule, the provisions of Sections 9 and 9.1 shall apply.
- Section 7.2 – Applicability of Rules to Users and/or Subscribers: Non-principal brokers, sales licensees, appraisers, and others authorized to have access to information published by the MLS are subject to these rules and regulations and may be disciplined for violations thereof provided that the user or subscriber has signed an agreement acknowledging that access to and use of MLS information is contingent on compliance with the rules and regulations. Further, failure of any user or subscriber to abide by the rules and/or any sanction imposed for violations thereof can subject the Participant to the same or other discipline. This provision does not eliminate the Participant’s ultimate responsibility and accountability for all users or subscribers affiliated with the Participant.
Section 8 – Meetings of MLS Committee:
The Multiple Listing Service Committee shall meet for the transaction of its business at a time and place to be determined by the Committee or at the call of the Chairperson.
- Section 8.1: Attendance – In compliance with Article XII, Section 4 of SABOR Bylaws. Three unexcused absences or four total absences during any calendar year shall be construed to be a resignation from the Committee.
- Section 8.2: Meetings of MLS Participants: The Committee may call meetings of the Participants in the Service to be known as meetings of the Multiple Listing Service.
- Section 8.3: Conduct of the Meetings: The Chairperson or Vice Chairperson shall preside at all meetings or, in their absence a temporary Chairperson from the membership of the Committee shall be named by the Chairperson or, upon his failure to do so, by the Committee.
- Section 8.4: A focus group shall be appointed as a yearly procedure by the Chairman of the MLS Committee to review and recommend changes in the MLS Rules and Regulations, as necessary. The focus group shall be formed from members of the MLS Committee not later than August 1 of each year, and shall submit their report to the Board of Directors, through the MLS Committee no later than October 31 of each year for approval.
Section 9 – Enforcement of Rules or Disputes:
Consideration of Alleged Violations: The Committee shall give consideration to all written complaints having to do with violations of the rules and regulations.
- Section 9.1: Violations of Rules and Regulations: If, the alleged offense is a violation of the rules and regulations of the Service and does not involve a charge of alleged unethical conduct or request for arbitration, it may be administratively considered and determined by the Multiple Listing Service Committee, and if a violation is determined, the Committee may direct the imposition of sanction, provided the recipient of such sanction may request a hearing before the Professional Standards Committee at the Texas Association of REALTORS® in accordance with the bylaws and rules and regulations of the Board of REALTORS® within twenty (20) days following receipt of the Committee’s decision.
- Section 9.2: SPECIFIC VIOLATIONS: Specific violations include, but are not limited to:
- LOCK BOX VIOLATIONS: a) Sharing of electronic keys. A penalty of $100 for the 1st offense and $300 for the 2nd offense will be assessed the keyholder through the Designate. b) Keeping (PIN) personal identification number code with the keypad. A penalty of $100 for the 1st offense and $300 for the 2nd offense will be assessed to the keyholder through the Designate. c) Unauthorized entry to a listing. A minimum of $100 for the first offense and a minimum of $300 on a second offense will be assessed to the keyholder through the Designate.
- LATE SUBMISSION OF LISITING VIOLATION: Listing must be inputted into the system within 72 hours of commencement of fully executed listing agreement. A fine of $500 will be assessed for failure to submit a listing within 72 Hours.
- OTHER SPECIFIC MLS VIOLATIONS include but are not limited to a ) Late reporting of changes in status – Changes are to be made within 24 hours as defined in Section 1.4 I – MLS Submission. b) Incorrect/incomplete information – All listings must contain correct and complete information in the required fields. A minimum $50 for a 1st offense with a minimum of $100 for subsequent offenses is the established guideline.
Notification of listings verified by the “listing checker program” will be sent via email. Fines will be assessed after failure to correct the error within 48 hours after the 1st notification to Broker/Agent/Mgr.
Photographs published in MLS can not be copied from listings from one brokerage and added to another brokerage listings without written authorization. A minimum fine of $50 will be assessed and photos will be removed.
If the alleged offense is a violation of the rules and regulations of the service and does not involve a charge of alleged violation of one or more of the provisions of Section 16 of the rules and regulations or a request for arbitration, it may be administratively considered and determined by the board of directors of the MLS and if a violation is determined, the board of directors may direct the imposition of sanction provided the recipient of such sanction may request a hearing by the professional standards committee of the Texas Association in accordance with the bylaws of the association of REALTORS®. Alleged violations of Section 16 of the rules and regulations shall be referred to the association’s grievance committee for processing in accordance with the professional standards procedures of the association. (Amended 2/98)
If, rather than conducting an administrative review, the MLS has a procedure established to conduct hearings, any appeal of the decision of the hearing tribunal may be appealed to the board of the MLS within twenty (20) days of the tribunal’s decision. Alleged violations involving unethical conduct shall be referred to the professional standards committee of the Texas Association of REALTORS® for processing in accordance with the professional standards procedures of the association. If the charge alleges a refusal to arbitrate, such charge shall be referred directly to the board of directors of the Texas Association of REALTORS®.
- Section 9.3: Complaints of Unethical Conduct: All other complaints of unethical conduct shall be referred by the President of the Board of REALTORS®for appropriate action in accordance with the professional standards procedures established in the Board’s bylaws.
Section 10 – Confidentiality of MLS Information:
Any information provided by the Multiple Listing Service to the Participants shall be considered official information of the Service. Such information shall be considered confidential and exclusively for the use of Participants and real estate licensees affiliated with such Participants and those Participants who are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property and licensed or certified appraisers affiliated with such Participants.
- Section 10.1: MLS Not Responsible for Accuracy of Information: The information published and disseminated by the Service is communicated verbatim, without change by the Service, as filed with the Service by the Participant. The Service does not verify such information provided and disclaims any responsibility for its accuracy. Each Participant agrees to hold the Service harmless against any liability arising from any inaccuracy or inadequacy of the information such Participant provides.
Section 11 – Ownership of MLS Compilation and Copyright:
By the act of submitting any property listing content to the MLS, the Participant represents that he has been authorized to grant and also thereby does grant authority for the MLS, to include the property listing content in its copyrighted MLS compilation and also in any statistical report on comparables. Listing content includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information and other information related to listed property. Participant agrees to indemnify and hold San Antonio Board of REALTORS® and its affiliates harmless from any claim brought against San Antonio Board of REALTORS® arising out of San Antonio Board of REALTORS® use, reproduction, display, or distribution of such information.
- Section 11.1: All rights, title and interest in the property information submitted to the San Antonio Board of REALTORS®, and in each version of every MLS compilation created therefrom, including without limitation copyright and all other intellectual property rights, shall at all times remain vested in San Antonio Board of REALTORS®. Participant and San Antonio Board of REALTORS® expressly agree that the compilation of all such information in San Antonio Board of REALTORS® MLS database shall be considered a “work made for hire” as defined in 17 U.S.C. 101, and San Antonio Board of REALTORS® shall be considered the author of such compilation and shall own all copyrights therein. To the extent such compilation or any portion thereof may not be considered a “work made for hire: under applicable law, Participant assigns all right, title and interest in such compilation, including but not limited to all copyrights in the same, to San Antonio Board of REALTORS® as of the date of creation of such compilation.
- Section 11.2: Each Participant shall be entitled to lease from the San Antonio Board of REALTORS® a number of copies of each MLS compilation sufficient to provide the Participant and each subscriber affiliated as a licensee (including licensed or certified appraisers) with such Participant with one copy of such compilation. The Participant shall pay for each such copy the rental fee set by the Board.