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Article 4.1: All Listings Subject to Rules and Regulations

Posted by MFRMLS Mon, 05 Jun 2006 16:50:00 GMT

Article 4 - Rules and Regulations

Section 1: All Listings Subject To Rules and Regulations.  Any listing filed with MFRMLS is subject to rules and regulations of MFRMLS upon signature of the owner(s) of record and the Participant or authorized signatory.  Listings that fall into the property types in Article 5, Section 1 must be filed with MFRMLS within two business days after obtaining all required signatures.

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Article 4.2: Required Signatures on Listings and Changes

Posted by MFRMLS Mon, 05 Jun 2006 16:53:00 GMT

Article 4 - Rules and Regulations

Section 2: Required Signatures on Listings and Changes.

A.    The signature(s) of all property owner(s) of record must be on the listing agreement and other required forms at the time the property is entered into the MLS.

B.    The signature(s) of all property owner(s) of record must be included on all changes in status, price changes, listing extensions and/or changes in terms.  In lieu of the owner’s signature(s), acceptable documentation would include a faxed authorization or an email authorization with an electronic signature from the owner(s).

 

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Article 4.3: Listing Price Specified

Posted by MFRMLS Mon, 05 Jun 2006 16:55:00 GMT

Article 4 - Rules and Regulations

Section 3: Listing Price Specified. The full listing price as stated in the listing contract must be indicated in the appropriate block of the MLS data form. See "Range Pricing" for exceptions.

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Article 4.4: Range Priced Listings

Posted by MFRMLS Mon, 05 Jun 2006 16:56:00 GMT

Article 4 - Rules and Regulations

Section 4: Range Priced Listings.  Range Priced listings may be entered into the MLS by

A.    Selecting “Range Priced” in the appropriate field.

B.    Including a notation of the price range in which the owner(s) of record will consider offers in the first line of the Public Remarks as follows:  “Range Priced – Owner(s) of record will consider offer between $X (insert dollar amount) and $Y (insert dollar amount), with $Y being considered full list price.”

C.   The list price must be the high price shown in the range and low price must be the low price shown in the range.

 

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Article 4.5: Listing Photos and Virtual Tours

Posted by MFRMLS Mon, 05 Jun 2006 16:58:00 GMT

Article 4 - Rules and Regulations

Section 5: Listing Photos and Virtual Tours.

             

A.    At least one front exterior photo or rendering, aerial photo, or water view from the property (unit) must be loaded before a listing will be active. The front exterior photo or rendering must be entered in the 1st photo slot of the listing on all property types unless the 1st 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 2nd slot. There are two exceptions below.
i.              The sellers’ have the ability to withhold photographs from the MLS after written authorization is provided to the listing Broker/Agent and then supplied to the MFR’s administration department.  A logo will be added when written authorization is received that states "Photo not available per seller’s direction".  (Addition 6/17/11)
ii.        The only exception is vacant land listings which must have a photo or an aerial photo, rendering, site plot or plat map in the listings’s 1st 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.  Photos may not contain any embedded Participant/User contact information or text.

B.    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.

C.   There must be at least one front exterior photo, rendering, aerial photo or water view photo on loaded on each listing before it will be released into “Active” status.  The front exterior photo or rendering must be entered in the 1st photo slot on all property types unless the 1st 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 2nd slot. The only exception is for vacant land listings which must have a photo, aerial photo, rendering, site plot or plat map in the 1st photo slot.

D.   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.

E.    Photos or virtual tours may not contain company or agent logos, agent photos, commissions, bonuses, any contact information, voice, text, or graphics of any kind (with the exception of copyright ©) 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 (non-interactive) is the only contact information allowed on Virtual Tours. The virtual tour link may not contain any Participant/User names or links to any third party business or social networking sites.

 

 

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Article 4.6: Listing Remarks

Posted by MFRMLS Mon, 05 Jun 2006 17:00:00 GMT

Article 4 - Rules and Regulations

Section 6: Listing Remarks.

A.   Rules relating to listing remarks vary by section: Public Remarks, Realtor Only Remarks and Additional remarks.

B.   Public Remarks must be about the listed property or the transaction.

C.  Builder name is acceptable in Public remarks.

D.  Short Sale listings must be clearly identified in both the Public and Realtor Only Remarks by indicating “short sale” as the first words of the remarks.

E.   The Public Remarks shall not include any of the following:

i.      Contact, personal, or professional information about the Participant or User

ii.     Any reference to a lockbox agreement

iii.    Website links

iv.   User or Company information.

v.    Vendor or third party service provider information

vi.   Owner(s) of record name or contact information.

vii.  Showing Instructions

viii. Open House information

ix.   Inappropriate information or language

F.    All listing remarks must be in compliance with State and Federal law in all matters relating to the advertisement and sale of real property.

 

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Article 4.7: Duplicate Listings

Posted by MFRMLS Mon, 05 Jun 2006 17:01:00 GMT

Article 4 - Rules and Regulations

Section 7: Duplicate Listings. MFRMLS will accept only one listing per Tax ID number per property type classification. Properties may not be listed more than one time, for example entered separately as a “three bedroom” listing and as a “four bedroom” listing or entered once in each of two different subdivisions, in more than one city, county, zip code, etc. If appropriate, a property can be listed in more than one property type classification.

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Article 4.8: Listing Multiple Properties

Posted by MFRMLS Mon, 05 Jun 2006 17:02:00 GMT

Article 4 - Rules and Regulations

Section 8: Listing Multiple Properties. All properties which may be sold together or separately must be indicated individually in the Listing and on the MLS data form. When part of a listed property has been sold, proper notification must be given to MFRMLS.

 

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Article 4.9: Tax ID

Posted by MFRMLS Mon, 05 Jun 2006 17:04:00 GMT


Article 4 - Rules and Regulations

Section 9: Tax ID.  Listings must have the correct Tax ID number and/or format.

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Article 4.10: Map

Posted by MFRMLS Mon, 05 Jun 2006 17:06:00 GMT

Article 4 - Rules and Regulations

Section 10: Map. The subject property’s location on the MLS map must be correct and if missing must be added.

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Article 4.11: Calling/Access Codes

Posted by MFRMLS Mon, 05 Jun 2006 17:08:00 GMT


Article 4 - Rules and Regulations

Section 11: Calling/Access Codes. For security purposes, the following information may only be published in the instructions section of the secure ShowingAssist program provided by the MLS:  combination lockbox codes, security gate codes, security system alarm codes or any other codes for equipment or systems designed to ensure the security of the property.

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Article 4.12: Listings Not Available For Showing

Posted by MFRMLS Mon, 05 Jun 2006 17:09:00 GMT

Article 4 - Rules and Regulations

Section 12: Listings Not Available For Showing: Because MFRMLS exists to facilitate cooperation by Participants in the showing and sale of each other’s listings:

A.     listings may not be entered as Active prior to being available for actual showings by all Participants/Users. For example: MFRMLS will not accept listings with “No showings until MM-DD”.

B.    Active Listings that become temporarily unavailable for showing by other Participants for any reason whatsoever must be changed to “TOM” status within two business days and will expire automatically on the Expiration Date unless reactivated in the interim.

 C.   A fine will be imposed to any Participant/User contacting owner(s) of record when their listings are in

      inactive status.

 

 

 

 

 

 

 

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Article 4.13: Driving Directions

Posted by MFRMLS Mon, 05 Jun 2006 17:10:00 GMT


Article 4 - Rules and Regulations

Section 13: Driving Directions. Driving directions are required in the field provided and must be For narrative driving directions that include full street names, beginning and ending points and use standard directional designations such as north, south, east and west.  Directions may not refer the user to an on-line electronic mapping service, e.g. MapQuest or GPS latitude and longitude coordinates, as a substitute for entering narrative directions.

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Article 4.14: Short Sales

Posted by MFRMLS Mon, 05 Jun 2006 17:11:00 GMT


Article 4 - Rules and Regulations

Section 14: Short Sales. Short Sales must be disclosed in the “Special Sale Provision” field by selecting “Short Sale” in addition to remarks requirements above.  See Article 5, Section 1C for further disclosures regarding compensation on Short Sales.

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Article 4.15: Listing Manipulation

Posted by MFRMLS Mon, 05 Jun 2006 17:12:00 GMT

 

Article 4 - Rules and Regulations

Section 15: Listing Manipulation. Listing must reflect the correct status at all times and may not be inactivated through a change of status and then be reactivated to cause the listing to appear as new. The only valid reasons for changing a listing number is the execution of a new listing agreement by a new agent/new company or the execution of a new listing agreement on a property by the same brokerage which is dated at least 30 days after expiration or withdrawal of the prior agreement. The system’s CDOM (Cumulative Days on Market) will reset to zero after 60 days off the market.

 

 

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Article 4.16: Housing for Older Persons

Posted by MFRMLS Mon, 05 Jun 2006 17:16:00 GMT

 

Article 4 - Rules and Regulations

Section 16:  Housing for Older Persons. Disclosure of qualified housing for older persons in the MLS database is optional. Any listing otherwise eligible for dissemination in the MLS database that is located within a community that is “qualified housing for older persons” under the Fair Housing Act, and thus may lawfully limit occupancy to such older persons (e.g. an "over- 55” or “over-62” community), may also include a statement specifically disclosing such restriction in any remarks section of the listing.  

 

A.    If the listing Participant chooses to disclose that a property is qualified housing for older persons, then at the time the listing is loaded in the MLS database, the Participant must:

                              i.        Upload Affidavit or Display Renewal Date:

Affidavit:  Immediately obtain and upload an executed copy of the approved “Housing for Older Persons Affidavit Verifying Occupancy and Qualification”.  The Affidavit must be signed and notarized by authorized parties of the qualified community or its legal counsel and must state that any restriction on the age of the occupants of the property does not violate any federal, state, or local laws.

OR

                             ii.        Renewal Date:  Enter the Renewal Date as found on the Florida commission on Human Resources  website  (http://fchr.state.fl.us/55_communities__1) in the field provided in MLXchange.

B.    Select the appropriate age category ("55 and Over" or "62 and Over") under the “Housing for Older Persons” menu in the Listing Maintenance program. 

C.   The property may be described as being qualified housing for older persons in any of the “Remarks” sections (optional).

The Participant’s submission of a listing to the MLS database that is subject to a restriction on the age of the occupants of the property shall constitute the Participant’s commitment to defend, indemnify, and hold harmless the MLS against any claim that the MLS, by including such remarks, has violated any local, state, or federal laws that prohibit discrimination against families with children, or on the basis of age.

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Article 4.17: HUD Listings

Posted by MFRMLS Mon, 05 Jun 2006 17:17:00 GMT

Article 4 - Rules and Regulations

Section 17: HUD Listings. HUD listings must be identified in Realtor Remarks and must include information that the cooperating broker must be registered with HUD.

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Article 4.18: REO/Bank Owned Disclosure

Posted by MFRMLS Mon, 05 Jun 2006 17:18:00 GMT

Article 4 - Rules and Regulations

Section 18: REO/Bank Owned Disclosure. REO/Bank Owned properties must be noted in the “Special Sale Provision” Field.

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Article 4.19: In-Foreclosure and Pre-Foreclosure

Posted by MFRMLS Mon, 05 Jun 2006 17:20:00 GMT

Article 4 -  Rules and Regulations

Section 19: In-Foreclosure and Pre-Foreclosure. Before selecting In-Foreclosure or Pre-Foreclosure in the Realtor Info Confidential field or noting in Remarks, it is highly recommended that the listing participant obtain written consent from the owner(s) of record. 

A.    Pre-Foreclosure Definition: This refers to the period after the lender has filed the original complaint and filed a lis pendens on the property indicating the intent to foreclose.

B.    Foreclosure Definition: Legal proceeding initiated by a creditor to repossess the collateral for a lien that is in default, which may result in the forced sale of the real property pledges as a security.

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Article 4.20: Type of Listing/Special Listing Type

Posted by MFRMLS Mon, 05 Jun 2006 17:21:00 GMT


Article 4 - Rules and Regulations

 

Section 20: Type of Listing/Special Listing Type.  Limited Service, MLS Only, Exclusive Agency Listings, or a Variable Rate commission arrangement must be disclosed in the proper field.

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Article 4.21: Pre-Construction Homes

Posted by MFRMLS Mon, 05 Jun 2006 17:23:00 GMT

Article 4 - Rules and Regulations

 

Section 21: Pre-Construction Homes. Pre-construction homes may be listed under the Residential property type if a permit and/or a full set of engineered plans exists at the time the listing is entered into the MLS.  The list price must include both the residential structure and the lot. Disclosure of the “construction start date” and “projected completion date” is mandatory in the Public  Remarks. Documents validating the permit or plans must be provided to the MFRMLS within two (2) business days of the request.

 

 

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Article 4.22: Solds/Non-Members

Posted by MFRMLS Mon, 05 Jun 2006 17:24:00 GMT

Article 4 - Rules and Regulations

 

Section 22: Solds/Non-Members. Sale of a property listed by a non-MFR member Participant within the MFRMLS service area or by an out-of-area broker must reported in accordance with the rules and regulations by submitting a status change form to the MLS for validation and reporting.

 

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Article 4.23: Attachments

Posted by MFRMLS Mon, 05 Jun 2006 17:25:00 GMT

 

Article 4 - Rules and Regulations

 

Section 23: Attachments. Attachments to listings must be in compliance with MLS Rules and Regulations.      

 

 

 

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Article 4.24: Showing Instructions

Posted by MFRMLS Mon, 05 Jun 2006 17:26:00 GMT


Article 4 - Rules and Regulations

           Section 24: Showing Instructions. Cooperating Participant/Users must contact the Listing Participant to arrange appointments to show listed property, even if the property has a lockbox affixed to it unless the Listing Participant has given specific written permission to show the property without first contacting them. Note: Lockboxes are a service of the MFRMLS shareholder Boards/Associations.

A.     MFRMLS does not allow 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.

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Article 4.25: Incorrect/Incomplete Information

Posted by MFRMLS Mon, 05 Jun 2006 17:28:00 GMT

 

Article 4 - Rules and Regulations

 

Section 25: Incorrect/Incomplete Information. In addition to the specific rules included in Article 4, all listings must be complete and accurate.

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