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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. 

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Article 3.2: Listing Photos

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


Listing Photos. 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. The only exception is vacant land listings which must have a photo or an aerial photo, rendering, site plot or plat map in the listing’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.

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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.

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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.

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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.

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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. 

1st offense within one year:                           $50.00

2nd offense within one year:                         $100.00

3rd offense within one year:                          $250.00

4th offense within one year:                          $500.00

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

 

      6th 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.

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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.

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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.


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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.

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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.

 

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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 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 vacant land listing, these listing must have a photo or aerial photo, rendering, site plot or plat map in the 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.

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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.

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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.

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Article 3.7-H: Accurate/complete listing data

Posted by MFRMLS Fri, 02 Jun 2006 19:50:00 GMT


Accurate/complete listing data: For failure to enter accurate and complete listing data. No data may be entered in any field except that for which the field is designed. 

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Article 3.7-I: Driving Directions

Posted by MFRMLS Fri, 02 Jun 2006 19:51:00 GMT


Driving Directions: For failure to enter 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 3.7-J: Housing for Older Persons

Posted by MFRMLS Fri, 02 Jun 2006 19:52:00 GMT


Housing for Older Persons (At the time, the Participant has elected to disclose that property is qualified housing for older persons): For failure to upload the completed notarized “Housing for Older Persons Affidavit Verifying Occupancy and Qualification” immediately at time of listing as an attachment.  The affidavit may be found online at:  http://www.mfrmls.com/view_pdf.cfm?pdfid=195

 

Due to the serious nature of this offense under the Fair Housing laws:

 

1.  Violations will result in an automatic fine beginning with the first offense, i.e. with no initial courtesy warning letter.

  

2.  The fine will be $500 for each occurrence for the first three violations within one year.

 

3.  A fourth violation within one year will require the Participant/User to appear for a hearing before the Board of Directors at which additional sanctions may be imposed.   

 

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Article 3.7-K: Status Changes

Posted by MFRMLS Fri, 02 Jun 2006 19:53:00 GMT

K. Status Changes: For failure to report a status change within two business days after all necessary signatures have been obtained. Should a Participant discover that a change in status has not been reported prior to a fine being issued, the error may be corrected, however the MLS department must be contacted immediately with the information by email, phone or fax to avoid a fine. (Automatic fine)


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Article 3.7-L: Late Listing

Posted by MFRMLS Fri, 02 Jun 2006 19:54:00 GMT


Late Listing: For failure to file a residential listing or long term rental listing with Service within two business days after all necessary signatures have been obtained.

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Article 3.7-M: Failure to respond

Posted by MFRMLS Fri, 02 Jun 2006 19:58:00 GMT



Failure to Respond: For failure to correct listing inaccuracies or enter missing information within five business days of notification or failure to provide copies of documents within two business days when requested by the MLS.


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Article 3.7-N: Type of Listing/Special Listing Type

Posted by MFRMLS Fri, 02 Jun 2006 20:00:00 GMT


Type of Listing/Special Listing Type: For failure to disclose a Limited Service, MLS Only or Exclusive Agency Listing, or a Variable Rate commission arrangement (see Article 4, Section 21).

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Article 3.7-O: Solds/Non-Members

Posted by MFRMLS Fri, 02 Jun 2006 20:02:00 GMT


Solds/Non-Members: For failure to provide a complete HUD statement for all sales of Participant’s listings in MFRMLS by a “non-MFR member brokerage” within the MFR service area or by an “Out of Area broker”.

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Article 3.7-P: Listing Abuse

Posted by MFRMLS Fri, 27 Jul 2007 18:33:00 GMT


Listing Manipulation: For inactivating a listing through a change of status and then reactivating it to make it appear new.  Note:  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.

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Article 3.7-Q: Range Priced Listings

Posted by MFRMLS Fri, 27 Jul 2007 18:36:00 GMT

Range Priced Listings: For failure to advertise a Range Priced Listing correctly. The property must be marked as “Range Priced” in the appropriate block of the MLS data form and the price range in which the seller will consider offers must be stated in the first line of the Public Remarks as follows:  

“Range Priced - Seller will consider offer between $X (insert dollar amount) and $Y (insert dollar amount), with $Y being considered full list price.”

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 3.7-R: Short Sale Disclosure

Posted by MFRMLS Tue, 12 Aug 2008 21:39:00 GMT

Short Sale Disclosure: For failure to disclose the approved short sale verbiage in both the REALTOR® Only Remarks and the Public Remarks and by selecting “Short Sale” in the REALTOR® Info field.

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Article 3.7-S: REO/Bank Owned Disclosure

Posted by MFRMLS Fri, 27 Jul 2007 18:41:00 GMT


S.  REO/Bank Owned Disclosure: For failure to disclose that a listing is REO/Bank Owned under the “Special Sale Provision” Field.

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