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Posted by MFRMLS Wed, 13 Apr 2011 19:13:00 GMT
Article 16 - Reproduction Use of Copyrighted MFRMLS Compilations
Section 3: Reproduction. Participants or Users shall not reproduce any listing compilation or any portion thereof except in the following circumstances: Participants or Users may reproduce from the MFR
Posted by Colin Rosario Mon, 26 Jan 2009 22:20:00 GMT
Article 17 - Arbitration of Disputes
Section 1. By becoming and remaining a Participant in MFR
A. If all disputants are members of the same Association/Board of REALTORS® or have their principal place of business within the same Association/Boards territorial jurisdiction, they shall arbitrate pursuant to the procedures of that Association/Board of REALTORS®.
B. If the disputants are members of different Associations/Boards of REALTORS® or if their principal place of business is located within the territorial jurisdiction of different Association/Boards of REALTORS®, they remain obligated to arbitrate in accordance with the procedures of the National Association of REALTORS®.
Posted by MFRMLS Wed, 13 Apr 2011 19:25:00 GMT
Article 18 - Standards of Conduct for MFRMLS
Standard 18.1
MLS participants shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other
Standard 18.2
Signs giving notice of property for sale, rent, lease, or exchange shall not be placed on property without consent of the owner(s) of record/landlord.
Standard 18.3
Standard 18.4
Standard 18.5
Standard 18.6
Standard 18.7
The fact that an agreement has been entered into with an
Standard 18.8
The fact that a prospect has retained an
Standard 18.9
Standard 18.10
When
In cooperative transactions,
The following types of solicitations are prohibited:
Telephone or personal solicitations of property owners who have been identified by a real estate sign, multiple listing compilation, or other information service as having exclusively listed their property with another
On unlisted property,
All dealings concerning property exclusively listed or with buyer/tenants who are subject to an exclusive agreement shall be carried on with the client’s representative or broker, and not with the client, except with the consent of the client’s representative or broker or except where such dealings are initiated by the client.
Before providing substantive services (such as writing a purchase offer or presenting a CMA) to prospects,
Standard 18.21
These rules are not intended to prohibit ethical, albeit aggressive or innovative business practices, and do not prohibit disagreements with other
Standard 18.23
Websites of licensees affiliated with a participant’s firm shall disclose the firm’s name and the licensee’s state(s) of licensure in a reasonable and readily apparent manner. (Adopted 11/07)
Standard 18.24
MLS participants shall present a true picture in their advertising and representations to the public, including the URLs and domain names they use, and participants may not:
The services which MLS participants provide to their clients and customers shall conform to the standards of practice and competence which are reasonably expected in the specific real estate disciplines in which they engage; specifically, residential real estate brokerage, real property management, commercial and industrial real estate brokerage, land brokerage, real estate appraisal, real estate counseling, real estate syndication, real estate auction, and international real estate. (Addition 6/17/11)
MLS participants shall not undertake to provide specialized professional services concerning a type of property or service that is outside their field of competence unless they engage the assistance of one who is competent on such types of property or service, or unless the facts are fully disclosed to the client. Any persons engaged to provide such assistance shall be so identified to the client and their contribution to the assignment should be set forth. (Addition 6/17/11)
Posted by MFRMLS Wed, 13 Apr 2011 19:31:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 1: IDX Defined. IDX affords MLS participants the option of authorizing display of their listings on other participants’ IDX site (includes Internet or Mobile applications)..
Posted by MFRMLS Wed, 13 Apr 2011 19:35:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 2: Authorization Presumed. Participants’ consent for display of their listings by other participants pursuant to these rules and regulations is presumed unless a participant affirmatively notifies the MLS that the participant refuses to permit display (either on a blanket or on a listing-by-listing basis). If a participant refuses on a blanket basis to permit the display of that participant’s listings, that participant may not download or frame the aggregated MLS data of other participants. Even where participants have given blanket authority for other participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis as instructed by the owner(s).
Posted by MFRMLS Wed, 13 Apr 2011 19:36:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 3: Participation. Participation in IDX is available to all MLS participants engaged in real estate brokerage who consent to display of their listings by other participant.
Posted by MFRMLS Wed, 13 Apr 2011 19:39:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 4: Limitation of Use. MLS participants may not use IDX-provided listings for any purpose other than display on their IDX site. This does not require participants to prevent indexing of IDX listings by recognized search engines.
Posted by MFRMLS Wed, 13 Apr 2011 19:41:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 5: Owner(s) of Record Restrictions. Listings or property addresses of owner(s)s who have directed their listing brokers to withhold their listing or property address from display on the Internet (including, but not limited to, publicly-accessible websites or VOWs) shall not be accessible via IDX sites.
Posted by MFRMLS Wed, 13 Apr 2011 19:43:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 6: Required Refreshing of MLS Data. Participants must refresh all MLS downloads and refresh all MLS data at least once every three (3) days.
Posted by MFRMLS Wed, 13 Apr 2011 19:44:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 7: Owner’s Right to Disallow Certain IDX Features. Any IDX site that a) allows third-parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or b) displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing, shall disable or discontinue either or both of those features as to the owner(s)’s listings at the request of the owner(s).
The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all participants’ IDX sites.
Except for the foregoing and subject to Article 19.8, a participant’s IDX site may communicate the participant’s professional judgment concerning any listing. Nothing shall prevent an IDX site from notifying its customers that a particular feature has been disabled at the request of the owner(s).
Posted by MFRMLS Wed, 13 Apr 2011 19:50:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 8: Data Accuracy. Participants shall maintain a means (e.g., e-mail address, telephone number) to receive comments about the accuracy of any data or information that is added by or on behalf of the participant beyond that supplied by the MLS and that relates to a specific property displayed on the IDX site. Participants shall correct or remove any false data or information relating to a specific property upon receipt of a communication from the listing broker or listing agent for the property explaining why the data or information is false. However, participants shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment.
Posted by MFRMLS Wed, 13 Apr 2011 19:51:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 9: Designated Data Fields. Listings displayed pursuant to IDX shall contain only those fields of data designated by the MLS. Display of all other fields (as determined by the MLS) is prohibited. Confidential fields intended only for other MLS participants and users (e.g., cooperative compensation offers, showing instructions, property security information, etc.) may not be displayed on IDX sites.
Posted by MFRMLS Wed, 13 Apr 2011 19:53:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 10: Listing Types Not Displayed. The type of listing agreement (e.g., exclusive right to sell, exclusive agency, etc.) may not be displayed on IDX sites.
Posted by MFRMLS Wed, 13 Apr 2011 19:55:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 11: Manipulation of Listing Data. Participants shall not modify or manipulate information relating to other participants’ listings. This is not a limitation on site design but refers to changes to actual listing data. MLS data may be augmented with additional data not otherwise prohibited from display so long as the source of the additional data is clearly identified. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized data fields.
Posted by MFRMLS Wed, 13 Apr 2011 19:56:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 12: Identification of Listing Firm. All listings displayed pursuant to IDX shall identify the listing firm in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data.
Posted by MFRMLS Wed, 13 Apr 2011 19:58:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 13: Licensees’ Right to Use or Access MFRMLS Database. Non-principal brokers and sales licensees affiliated with IDX participants may display information available through IDX on their own Web sites subject to their participant’s consent and control and the requirements of state law and/or regulation.
Posted by MFRMLS Wed, 13 Apr 2011 20:00:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 14: MLS Shown as Source. All listings displayed pursuant to IDX shall show the MLS as the source of the information.
Posted by MFRMLS Wed, 13 Apr 2011 20:02:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 15: Required IDX Site Disclaimer. Participants (and their affiliated licensees, if applicable) shall indicate on their Web sites that IDX information is provided exclusively for consumers’ personal, non-commercial use, that it may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing, and that the data is deemed reliable but is not guaranteed accurate by the MLS. The MLS may, at its discretion, require use of other disclaimers as necessary to protect participants and/or the MLS from liability.
Posted by MFRMLS Wed, 13 Apr 2011 20:03:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 16: Listing Download Limits. The data consumers can retrieve or download in response to an inquiry shall be determined by the MLS but in no instance shall be limited to fewer than one hundred (100) listings or five percent (5%) of the listings available for IDX display, whichever is fewer.
Posted by MFRMLS Wed, 13 Apr 2011 20:07:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 17: Display of Owner Information. Display of owner’s and/or occupant’s(s’) name(s), phone number(s), and/or email address(es) is prohibited.
Posted by MFRMLS Wed, 13 Apr 2011 20:08:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 18: IDX Site Security. Participants are required to employ appropriate security protection such as firewalls, provided that any security measures required may not be greater than those employed by the MLS.
Posted by MFRMLS Wed, 13 Apr 2011 20:09:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 19: Site Audit Trail Required. IDX operators must maintain an audit trail of consumer activity on the IDX site and make that information available to the MLS if the MLS believes the IDX site has caused or permitted a breach in the security of the data or a violation of MLS rules related to use by consumers.
Posted by MFRMLS Wed, 13 Apr 2011 20:11:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 20: Deceptive or Misleading Advertising. Deceptive or misleading advertising (including co-branding) on pages displaying IDX-provided listings is prohibited. For purposes of these rules, co-branding will be presumed not to be deceptive or misleading if the participant’s logo and contact information is larger than that of any third party.
Posted by MFRMLS Wed, 13 Apr 2011 20:12:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 21: Service Fees and Charges. Service fees and charges for participation in IDX shall be as established annually by the Board of Directors.
Posted by MFRMLS Wed, 13 Apr 2011 20:15:00 GMT
Article 19 - MFRMLS IDX Rules and Regulations
Section 22: Third Party IDX Provider Agreement. Any Participant providing an IDX solution or using a third party to develop/design/maintain his/her IDX solution must execute the IDX agreement prescribed by MFRMLS and any third party must also be a signatory to the agreement.
