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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
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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
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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).
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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 offer or accept cooperation and 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)
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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.
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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
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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
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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
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Posted by MFRMLS
Fri, 27 Jul 2007 18:13:00 GMT
Section 5. Required Listing Entry and Updating Training. All new Participants and Users must complete the MFRMLS training class on the MLXchange Listing Maintenance module to be granted access to the listing entry and updating function. In addition, upon class completion, users must submit an access authorization form signed by their Participant, whereas Participants are only required to complete the class to be granted access.
Posted in Article 2 Qualifications for Membership
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Posted by Carole Burgess
Wed, 17 Mar 2010 11:56:00 GMT
Section 6. Orientation: Any applicant for MLS participation and any licensee (including licensed or certified appraisers) affiliated with an MLS participant who has access to and use of MLS-generated information shall complete an orientation program of no more than eight (8) classroom hours devoted to the MLS rules and regulations and computer training related to MLS information entry and retrieval and the operation of the MLS within ninety (90) days after access has been provided.
Participants and subscribers may be required, at the discretion of the MLS, to complete additional training of not more than four (4) classroom hours in any twelve (12) month period when deemed necessary by the MLS to familiarize participants and subscribers with system changes or enhancement and/or changes to MLS rules or policies. Participants and subscribers must be given the opportunity to complete any mandated additional training remotely.
Posted in Article 2 Qualifications for Membership
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Posted by MFRMLS
Fri, 27 Jul 2007 18:15:00 GMT
Section 7. 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.
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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
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Posted by MFRMLS
Fri, 02 Jun 2006 19:23:00 GMT
Section 2. 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. Photos may not contain any embedded Participant/User contact information or text.
Posted in Article 3 Rules and Regulations of the MFRMLS | Tags aerial, exterior, photo
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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.
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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
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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 owner(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
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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
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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 in Section 7, subsections “A” through “T” below. Violations in subsections “U” through ”Z” incur automatic fines.
1st offense within two year period: $ 50
2nd offense within two year period: $100
3rd offense within two year period: $250 and notification that a fourth offense will require a disciplinary hearing before a Board hearing panel.
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 in Section 7 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 Participant.
Posted in Article 3 Rules and Regulations of the MFRMLS, Progressive Fine Schedule
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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 “T” will result in the application of the progressive fine schedule shown in Section 6 above with the exception of “U"-"Z" which is an automatic fine.
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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
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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
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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, 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 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
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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
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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.
Posted in Article 3 Rules and Regulations of the MFRMLS, Violations | Tags aerial, exterior, photo, signage
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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
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