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Posted by MFRMLS Mon, 05 Jun 2006 20:39:00 GMT
Article 9 - Compensation
Section 2: Compensation Required. MFR
A. by showing a percentage of the gross selling price
B. by showing a definite dollar amount (Amended 5/10)
Posted by MFRMLS Wed, 13 Apr 2011 18:02:00 GMT
Article 9 - Compensation
Section 3: Buyer Agent/Transaction Broker/Non-Representative Compensation. Participants in MFR
Posted by MFRMLS Wed, 13 Apr 2011 18:04:00 GMT
Article 9 - Compensation
Section 4: Participant as Principal. If a Participant or User has an ownership interest in a property, the listing of which is to be disseminated through MFR
Posted by MFRMLS Wed, 13 Apr 2011 18:06:00 GMT
Article 9 - Compensation
Section 5: Participant as Purchaser. If a Participant or User wishes to acquire an interest in a property listed in MFR
Posted by MFRMLS Wed, 13 Apr 2011 18:07:00 GMT
Article 9 - Compensation
Section 6: Dual or Variable Rate Commission Arrangements. The existence of a dual or variable rate commission arrangement (i.e., one in which the owner(s) of record/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 owner (s) of record/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 owner(s) of record/landlord) shall be disclosed by the listing broker by a key, code, or symbol as required by the
Posted by MFRMLS Wed, 13 Apr 2011 18:08:00 GMT
Article 9 - Compensation
Section 7: Commission Adjustment. An offer of compensation to cooperating brokers in a potential short sale circumstance which states that it may be adjusted by a third party after execution of a contract for sale and purchase, is an allowed exception to the general rule that offers of compensation must be unconditional. See Article 5, Section 1C for requirements.
Posted by MFRMLS Mon, 05 Jun 2006 20:40:00 GMT
Article 10 - Fees and Service Charges
Fees are set by the MFR
A. Participant Application Fee: An Application Fee of $215.00 will be charged to any shareholder member broker or non-member broker joining as a Participant.
B. Participant/User Reinstatement Fee: A Reinstatement Fee of $215.00 to the Participant and $90.00 User will be charged upon reapplication to any Participant/User suspended or terminated for non-payment of fees or charges or who terminates their membership. A Reinstatement Fee of $90.00 will All past due invoices must be brought current before reinstatement will be considered.
C. User Application Fee: An Application Fee of $90.00 will be charged to any shareholder user. This fee doesn’t apply to any Participant paying the Application fee to join.
D. Unlicensed Assistant Fees: Upon submission of required application form for broker, office or agent personal assistant, there will be an application fee of $65.00 and an annual renewal fee of $75.00.Unlicensed assistants are subject to the rules and regulations.
E. Annual Participation Fee: An annual Participation Fee is assessed to Participants and non-member (“Thompson broker”) Participants based on the number of licensed salespersons, licensed or certified appraisers and broker salespersons who have access to and use of the Service, whether licensed as a broker, salesperson or a licensed or certified appraiser, and who are employed by, or affiliated as an independent contractor with, the Participant.
1. Direct User Billing: As a courtesy to Participants, Users licensed with them are billed directly for that portion of the Participant’s Annual Participation Fee attributable to them. However, Participants are ultimately responsible for payment of the total fee.
2. Due Date: Annual Participation Fees are due by close of business on May 15th each year. Participants or Users whose payments are received after this date will incur a $50.00 late fee for payments received after the due date. Any payments received after May 31, will incur an additional $50.00 reactivation fee and
3. Suspension of Service to Participants/Users: Participants and/or their Users who fail to pay by the May 15th Due Date will have their individual services suspended on June 1. The account will remain suspended until their portion of the Participation Fees, Late Fees and reactivation fees are paid.
4. Termination of Participant: Failure of the Participant to ensure payment of the total Participation Fee and any Late Fees within 45 days after the due date will result in termination of the Participant’s membership and the immediate termination of service for the Participant and all Users in the Participant’s firm, including the Participant and any Users who may have paid their individual portion of the total fee. Participants terminated for non-payment may regain membership by settling any outstanding fees or charges and paying the Reinstatement Fee.
F. Service Center Fee: In the case of a non-member Participant or an MLS Only member at large, the Board of Directors will establish an additional annual service center fee payable to MFRMLS.
G. Miscellaneous Fees: These are any charges other than Annual Participation Fees such as fines, account activation fees, convenience fees, personal assistant access fees, ancillary service fees, late payment surcharges or any other fees charged to a Participant or User as set by the Board of Directors.
1. Late Payment Penalties: Failure to pay miscellaneous charges by the due date shall result in a one-time ten percent late fee and suspension of the individual’s service once the account is past-due.
2. Termination for Non-Payment: Failure of the Participant to ensure payment of the original miscellaneous fee invoices and/or surcharges within 45 days of the due date shall result in the Participant and all Users in Participant’s firm being terminated. The Participant is responsible for payment of all fees for subscribers in their firm.
H. Ancillary Service Fees: Fees and charges for additional, optional or ancillary
Posted by MFRMLS Mon, 05 Jun 2006 20:46:00 GMT
Article 11 - Compliance with Rules
Section 1. Authority to Impose Discipline. 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 thirty (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.
Posted by MFRMLS Mon, 05 Jun 2006 20:47:00 GMT
Article 11 - Compliance with Rules
Section 2: Action for Non-Compliance with Rules. In addition to those noted above, the following action may be taken for failure to pay any service charge or fee:
A. for failure to pay any service charge or fee within one (1) month of the date due, and provided that at least ten (10) days’ notice has been given, the service shall be suspended until service charges or fees are paid in full
B. for failure to comply with any other rule, the provisions in Section 4 of this Article shall apply.
Posted by MFRMLS Mon, 05 Jun 2006 20:49:00 GMT
Article 11 - Compliance with Rules
Section 3. 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. (Adopted 4/92)
Posted by MFRMLS Mon, 05 Jun 2006 20:55:00 GMT
Article 11 - Compliance with Rules
Section 4: 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 fine being issued, except for any violation resulting in an automatic fine as defined in these Rules and Regulations. Courtesy Warning Notice will be sent for potential violations of the following:
b. If the violation is corrected within one business day (excluding weekends and holidays), there will be no fine assessed;
c. If the violation has not been corrected within one business day (excluding weekends and holidays) after notification, the Participant or Subscriber shall automatically be assessed a fine.
d. Repeated or deliberate violation of the same rule by the same subscriber will immediately be subject to the progressive fine schedule with no further notice.
B. Automatic Fines. The Service will automatically issue a fine with no prior warning for potential violations of the following:
a. Status
b. Failure to obtain owner(s) of record signature
c. Allowing unauthorized access
d. Not abiding by showing instruction
e. Not correcting incorrect information after a fine has been paid.
C. General Fine Schedule. The following progressive fine schedule has been established by the Board of Directors and applies to both to Progressive or Automatic Fines.
a. 1st offense within two year period: $ 50
b. 2nd offense within two year period: $100
c. 3rd offense within two year period: $250 and notification that a fourth offense will require a disciplinary hearing before a Board hearing panel.
d. 4th offense within two year period: $500 minimum fine and other discipline as determined by a Board hearing panel.
The progressive fine schedule is per-agent per-offense and any Rule violation is counted as an offense. The term “within a two-year period” is defined as occurring within any two consecutive MFRMLS fiscal years (July 1-June 30). Fines are billed to the Agent, the Participant is ultimately responsible.
Posted by MFRMLS Thu, 25 May 2006 21:04:00 GMT
Article 12 - Enforcement of Rules or Disputes
Section 1: Consideration of Alleged Violations. The MFR
Posted by MFRMLS Wed, 13 Apr 2011 18:33:00 GMT
Article 12 - Enforcement of Rules or Disputes
Section 2: Violation of Rules and Regulations. If the alleged offense is a violation of MFR
Posted by MFRMLS Wed, 13 Apr 2011 18:37:00 GMT
Article 12 - Enforcement of Rules or Disputes
Section 3: The Use of Fines as Part of Rules Enforcement. The imposition of moderate fines are considered sufficient to constitute a deterrent to violation of the MFR
Posted by MFRMLS Wed, 13 Apr 2011 18:38:00 GMT
Article 12 - Enforcement of Rules or Disputes
Section 4: Complaints of Professional Misconduct. All other complaints of unethical conduct shall be referred by the MFR
Posted by MFRMLS Mon, 05 Jun 2006 20:59:00 GMT
Article 13 - Confidentiality of MFRMLS Information
Section 1: Official Information of MFRMLS. Any information provided to the Participants shall be considered official information of MFR
Posted by MFRMLS Mon, 05 Jun 2006 21:00:00 GMT
Article 13 - Confidentiality of MFRMLS Information
Section 2: MFR
Posted by MFRMLS Thu, 25 May 2006 21:11:00 GMT
Article 14 - Ownership of the MFRMLS Compilations and Copyrights
Section 1: Submittal of Listing. By submitting any property listing to
A. they have been authorized to grant and also thereby grant authority for
B. that they have the authorization to grant and do grant the MLS the authority to include the property listing (data) in approved VOW and IDX displays for advertising on other Participant’s IDX and/or VOW compliant web sites. (revised 6/17/11)
Note: Listing content includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information, and other details or information related to listed property.
Posted by MFRMLS Wed, 13 Apr 2011 18:51:00 GMT
Article 14 - Ownership of the MFRMLS Compilations and Copyrights
Section 2. Copyright. All right, title, and interest in each copy of every compilation created and copyrighted by the member Association or MFR
Posted by MFRMLS Mon, 05 Jun 2006 21:08:00 GMT
Article 15 - Use of MFRMLS Information
Section 1: Limitations on Use of MFR
NOTE: "Based on information from MFR
Posted by MFRMLS Mon, 05 Jun 2006 21:10:00 GMT
Article 15 - Use of MFRMLS Information
Section 2: Access of the MFR
Posted by MFRMLS Mon, 05 Jun 2006 21:12:00 GMT
Article 15 - Use of MFRMLS Information
Section 3: Purpose and Use of the MFR
Posted by MFRMLS Mon, 28 Nov 2011 19:40:00 GMT
Article 15 - USE OF MFRMLS INFORMATION
Section 4: Use of Contact Information from the MLS.
1. Contact Information Defined. Contact information is defined as member name, office affiliation, phone number(s), fax number(s) and email addresses, WebsiteURL’s and any other contact or identifying information.
2. For Internal Use Only. Contact information in the MLS system is intended for use between members for communication purposes only.
3. Violations. Members who provide contact information to any party for other than member/member communication will be subject to an automatic fine of $1,000. Second offense, $5,000. (New 11/18/11)
Posted by Carole Burgess Tue, 11 May 2010 02:14:00 GMT
Article 16 - Reproduction Use of Copyrighted MFRMLS Compilations
Section 1: Distribution. Participants shall at all times maintain control over and responsibility for any MFR
Posted by MFRMLS Wed, 13 Apr 2011 19:12:00 GMT
Article 16 - Reproduction Use of Copyrighted MFRMLS Compilations
Section 2: Display. Participants and Users shall be permitted to display the MFR
