MFRMLS Rules & Regulations

Mission Statement

Posted by MFRMLS Fri, 26 May 2006 13:59:00 GMT

Mission Statement: To provide the highest quality real estate information services to participants and to be the catalyst for cooperation and joint ventures among our Associations.

Any matter not specifically addressed in these Rules and Regulations shall be governed by the policies and procedures set forth by the National Association of REALTORS® as from time to time amended.

Posted in Mission Statement, Article 1 Authority, Purpose, and Objective, Article 10 Ownership of the MFRMLS Compilations and Copyrights

Article 1.1: Name

Posted by MFRMLS Fri, 02 Jun 2006 00:02:00 GMT

Section 1.  Name.  The name of this organization shall be the My-Florida Regional Multiple Listing Service Inc. (MFRMLS). All the shares of stock of which are solely and wholly-owned by the Bartow Board of REALTORS^®, East Polk County Association of REALTORS^®, Englewood Area Board of REALTORS^®, Greater Lake County Association of REALTORS^®, Greater Tampa Association of REALTORS^®, Lakeland Association of REALTORS^®, Manatee Association of REALTORS^®, Orlando Regional REALTOR^® Association, Osceola County Association of REALTORS^®, Punta Gorda-Port Charlotte-Northport Association of REALTORS^®, Sarasota Association of REALTORS^®, Venice Area Board of REALTORS^® and West Volusia Association of REALTORS^®.

Posted in Article 1 Authority, Purpose, and Objective

Article 1.2: Purpose

Posted by MFRMLS Fri, 02 Jun 2006 19:08:00 GMT

Section 2.  Purpose. MFRMLS is formed to promote, establish, foster, develop and preserve the highest standards of the real estate profession in Florida, through the operation of the MFRMLS. A Multiple Listing Service is a means by which authorized Participants make blanket unilateral offers of compensation to other Participants (acting as subagents, buyer agents, or in other agency or non agency capacities defined by law); by which cooperation among participants is enhanced; by which information is accumulated and disseminated to enable authorized Participants to prepare appraisals, analyses, and other valuations of real property for bona fide clients and customers; by which Participants engaging in real estate appraisal contribute to common databases; and is a facility for the orderly correlation and dissemination of listing information 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).

Article 1.3: Definition of MLS Participant

Posted by Carole Burgess Tue, 20 Jan 2009 18:49:00 GMT

Section 3.  Definition of MLS Participant.   Any REALTOR® of any other Association/Board or any non-Realtor® who is a principal, partner, corporate officer, or branch office manager acting on behalf of a principal, without further qualification, except as otherwise stipulated in these rules, shall be eligible to participate in MFRMLS 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 are capable of offering and accepting 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 MFRMLS is strictly limited to the activities authorized under a Participant’s licensure(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey “participation” or “membership” or any right of access to information developed by or published by a Board Multiple Listing Service where access to such information is prohibited by law. (Amended 11/08)

Note: Mere possession of a broker’s license is not sufficient to qualify for MLS participation. Rather, the requirement that an individual or firm ‘offers or accepts cooperation and compensation’ means that the Participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of cooperation and compensation made by listing brokers or agents in the MLS. “Actively” means on a continual and on-going basis during the operation of the Participant’s real estate business. The ‘actively” requirement is not intended to preclude MLS participation by a Participant or potential Participant that operates a real estate business on a part time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a Participant or potential Participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny participation based on the level of service provided by the Participant or potential Participant as long as the level of service satisfies state law.

The key is that the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on the MLS in which participation is sought. This requirement does not permit an MLS to deny participation to a Participant or potential Participant that operates a Virtual Office Website (“VOW”) (including a VOW that the Participant uses to refer customers to other Participants) if the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation. An MLS may evaluate whether a Participant or potential Participant “actively endeavors during the operation of its real estate business” to “offer or accept cooperation and compensation” only if the MLS has a reasonable basis to believe that the Participant or potential Participant is in fact not doing so. The membership requirement shall be applied on a nondiscriminatory manner to all Participants and potential Participants. (Adopted by NAR 11/08)

Article 2.1: Realtor® Member Brokers

Posted by MFRMLS Fri, 02 Jun 2006 19:09:00 GMT

ARTICLE 2 - MEMBERSHIP QUALIFICATIONS

Section 1.  REALTOR^® Association Member Brokers.  All persons who are a sole proprietor Broker or a Designated Broker member, or are a principal, partner, corporate officer, or branch manager acting on behalf of a principal, of any Association of REALTORS^® shall automatically qualify for membership and participation in MFRMLS upon agreeing in writing to conform to the rules and regulations thereof and to pay the cost incidental thereto. There shall be no "waiting period" before a Participant is eligible to submit listings to the Multiple Listing Service.

Article 2.2: Non-Realtor® Member Brokers

Posted by MFRMLS Fri, 02 Jun 2006 19:16:00 GMT

Section 2.  Non-REALTOR^® Member Brokers.  A non-member applicant for participation who is a principal, partner, corporate officer or branch office manager acting on behalf of a principal, shall supply evidence satisfactory to MFRMLS that they hold a current, valid real estate broker’s license and is capable of offering and accepting compensation to and from other Participants agrees to complete an orientation program and the MLXchange Basic Class and to abide by the Rules and Regulations and pay the fees and dues, including any non-member fee differential, as from time to time established. There shall be no waiting period before such applicants are eligible to participate. Voting privileges or eligibility for office as an MFR Director are not available to non-REALTORS^®.

Posted in Article 2 Qualifications for Membership

Article 2.3: Access/Reciprocity

Posted by MFRMLS Fri, 02 Jun 2006 19:18:00 GMT

 Section 3. Access and Reciprocity.  Multiple Listing Service participatory rights are available to any REALTOR^® (principal) or any firm comprised of REALTORS^® (principals) irrespective of where they hold primary membership, subject only to their agreement to abide by Multiple Listing Service Rules & Regulations; to arbitrate contractual disputes with other participants; and to pay the same Multiple Listing Service dues, fees, and charges assessed to Participants who hold REALTOR^® membership in the Bartow Board of REALTORS^®, East Polk County Association of REALTORS^®, Englewood Area Board of REALTORS^®, REALTORS® Association of Lake and Sumter County, Greater Tampa Association of REALTORS^®, Lakeland Association of REALTORS^®, Manatee Association of REALTORS^®, Orlando Regional REALTOR^® Association, Osceola County Association of REALTORS^®, Punta Gorda-Port Charlotte-Northport Association of REALTORS^® Sarasota Association of REALTORS^® Venice Area Board of REALTORS^® and West Volusia Association of REALTORS^®.

Posted in Article 2 Qualifications for Membership

Article 2.4: Required Training

Posted by MFRMLS Fri, 02 Jun 2006 19:19:00 GMT

Section 4. Required Training.  All new Participants and Users are required to take “MLXchange Basic” Class within 90 days of their application. Failure to take the required training will result in suspension of the MLS services. Each Association will monitor the 90-day requirement period.

Participant and Users are eligible to take the course once their application for membership has been filed with their primary Association, or in the case of non-member salespersons, once the broker has submitted a FREC 2050 as proof of their affiliation with that brokerage.

Posted in Article 2 Qualifications for Membership

Article 2.5: Required Listing Entry and Updating Training

Posted by MFRMLS Fri, 27 Jul 2007 18:13:00 GMT

Posted in Article 2 Qualifications for Membership

Article 2.6: Realtor® Emeritus

Posted by MFRMLS Fri, 27 Jul 2007 18:15:00 GMT

Section 6. REALTOR^® Emeritus. Annual participation fees will be waived for any Participant/User of a shareholder association who has been designated as a REALTOR^® Emeritus by the National Association of REALTORS^®, provided notification is received from that individual’s shareholder association prior to the annual billing cycle.          

Article 3.1: Distribution of Data

Posted by MFRMLS Fri, 02 Jun 2006 19:21:00 GMT

Distribution of Data. MFRMLS will distribute listing data to Participants and keep statistics of listings, sales, price changes and other listing data. 

Posted in Article 3 Rules and Regulations of the MFRMLS

Article 3.2: Listing Photos

Posted by MFRMLS Fri, 02 Jun 2006 19:23:00 GMT

Posted in Article 3 Rules and Regulations of the MFRMLS | Tags aerial, exterior, photo

Article 3.2-A Use of Photos, virtual tours, renderings

Posted by Carole Burgess Fri, 30 Oct 2009 20:14:00 GMT

Section 2A. Use of Photos, virtual tours, renderings: Photographs, virtual tours and/or renderings submitted by a Participant or Subscriber shall not be copied by other Participants or Subscribers for use in a subsequent listing of the same property without written permission of the Participant or Subscriber who originally submitted the photographs, virtual tour or renderings.

Article 3.3: Non-Participant Listings

Posted by MFRMLS Fri, 02 Jun 2006 19:25:00 GMT

Non-Participant Listings: Participants may enter information into the system solely for the Participants and Users and may not input listings for non-participant brokerages.

Posted in Article 3 Rules and Regulations of the MFRMLS

Article 3.4: All Listings Subject To Rules and Regulations of MFRMLS

Posted by MFRMLS Fri, 02 Jun 2006 19:28:00 GMT

All Listings Subject To Rules and Regulations of MFRMLS: Any listing filed with MFRMLS is subject to rules and regulations of MFRMLS upon signature of the seller(s) and the Participant or authorized signatory.  Listings that fall into the property types in Article 4, Section 1 must be filed with MFRMLS within two business days after obtaining all required signatures.

Posted in Article 3 Rules and Regulations of the MFRMLS

Article 3.5: Supporting Documentation

Posted by MFRMLS Fri, 02 Jun 2006 19:29:00 GMT

Supporting Documentation:  On-line computer offices shall directly enter listings and changes into the system without submitting supporting documentation to MFRMLS. Listing offices which are not on-line shall file only the Profile Sheet and Change Notice for entry into the computer by either the MFRMLS or Local Service Center staff as appropriate. It shall be the responsibility of the Participant to maintain files as a good business practice and as required by Florida Statute. Upon the request of MFRMLS, the Participant will produce documentation of the listing agreement or any changes thereto within two business days.

Posted in Article 3 Rules and Regulations of the MFRMLS

Article 3.6: Penalties for Inaccurate or Incomplete Data

Posted by MFRMLS Fri, 02 Jun 2006 19:34:00 GMT

Penalties for Inaccurate or Incomplete Data:  The intent of these Rules and Regulations is to allow Participants to provide the buying and selling public the best possible service and to facilitate cooperation between Participants.  The listing office will be notified in writing or by electronic means if there is a violation of the Rules and Regulations.  

     A.  Courtesy Warning Notice.  The Service will automatically issue a courtesy warning notification prior to any fines being issued.  However, if the violation has not been corrected within one business day (excluding weekends and holidays) after notification, the Participant shall be automatically assessed a fine.

     B. Progressive Fine Schedule. The following progressive fine schedule has been established by the Board of Directors and applies to all violations except for those listed in subsections “S” through “V” of Section 7 below. 

1^st offense within one year:                           $50.00

2^nd offense within one year:                         $100.00

3^rd offense within one year:                          $250.00

4^th offense within one year:                          $500.00

5^th offense within one year:                         $500.00 and notification that a sixth offense within one year requires disciplinary hearing before the MFRMLS Board of Directors.

      6^th offense within one year:                       Board hearing panel will determine appropriate fines and disciplinary measures.

The progressive fine schedule is per agent per offense and any Rule violation below is counted as an offense.  The term “within one-year” is defined as violations occurring within the MFRMLS fiscal year of July 1-June 30. Fines are billed to the Participant.

Posted in Article 3 Rules and Regulations of the MFRMLS, Progressive Fine Schedule

Article 3.7: Database Accuracy and Integrity/Fineable Violations

Posted by MFRMLS Tue, 06 Jun 2006 17:36:00 GMT

Section 7. Database Accuracy and Integrity. The following are considered the critical elements of listing information for which fines will be assessed for inaccurate, incomplete or missing data.

Violations of sub-sections “A” through “U” will result in the application of the progressive fine schedule shown in Section 6 above with the exception of “K” status changes, which is an automatic fine.

Article 3.7-A: Tax Id

Posted by MFRMLS Fri, 02 Jun 2006 19:40:00 GMT

Tax Id: For incorrect Tax Id number or format.

Posted in Article 3 Rules and Regulations of the MFRMLS, Violations

Article 3.7-B: Remarks

Posted by MFRMLS Fri, 02 Jun 2006 19:41:00 GMT

Remarks: For incorrect information entered in the Remarks data fields. The remarks shall not include any agent, broker, real estate company, URL information or affiliated businesses. This information may be entered in the Realtor Remarks field.  Builder name is acceptable.

Posted in Article 3 Rules and Regulations of the MFRMLS, Violations

Article 3.7-C: Virtual Tours/Photo Sections

Posted by MFRMLS Fri, 02 Jun 2006 19:43:00 GMT

      Virtual Tours/Photo Sections: For entering company or agent logos, agent photos, Commissions, bonuses or any contact information in the virtual tour or photo sections. Only photographs, site plot, property sketch, property line art or survey of the property can be entered in the virtual tour and all photo fields.  The third-party virtual tour vendor’s contact information is the only contact information allowed in Virtual Tours. The virtual tour link may not contain any Participant/User names or links to any third party business or social networking sites, e.g. You Tube.

Posted in Article 3 Rules and Regulations of the MFRMLS, Violations

Article 3.7-D: Map

Posted by MFRMLS Fri, 02 Jun 2006 19:44:00 GMT

Map: For failure to correct the subject’s location on the MLS map, or to add it if missing.

Posted in Article 3 Rules and Regulations of the MFRMLS, Violations

Article 3.7-E: Photos Required

Posted by MFRMLS Fri, 02 Jun 2006 19:45:00 GMT

Required Photos: For failure to enter at least one front exterior photo or rendering, aerial photo, or water view from the property (unit).  A photo must be loaded before a listing will be released into Active status.  The front exterior photo or rendering must be entered in the 1^st photo slot on all property types unless the 1^st slot is an  aerial photo or an exterior photo of a water view from the property (unit), in which case the front exterior photo must be in the 2^nd slot.  The only exception is vacant land listing, these listing must have a photo or aerial photo, rendering, site plot or plat map in the 1^st photo slot.  Front exterior photos must show a majority of the total home/building and the broker’s yard signage may not be featured in the foreground.

Posted in Article 3 Rules and Regulations of the MFRMLS, Violations | Tags aerial, exterior, photo, signage

Article 3.7-F: Prohibitions

Posted by MFRMLS Fri, 02 Jun 2006 19:46:00 GMT

Prohibitions: For failure to abide by the prohibitions in Article 7, Sections 1-8.

Posted in Article 3 Rules and Regulations of the MFRMLS, Violations

Article 3.7-G: Calling/Access Codes

Posted by MFRMLS Fri, 02 Jun 2006 19:49:00 GMT

Calling/Access Codes: For publication in any field of combination lockbox codes, security gate codes or security system alarm codes or any other codes for equipment or systems designed to ensure the security of the property. The only exception is the placement of this information in the instructions section of the secure ShowingTime program provided by the Service.

Posted in Article 3 Rules and Regulations of the MFRMLS, Violations