The January 2020 MLS Rules and Regulations have been released!
The full document can be found in the MLS Documents in Paragon or by clicking HERE.
A summary of the changes can be found below
The new status Pending Continue to Show:
Pending Continue to Show
Listings of property in which:
- an agreement of sale is in effect,
- the settlement has not taken place
- Participant has been directed by the seller to continue to:
- Set appointments for showings, AND
- Seek agreements of sale to present to the Seller.
Modification o fSection1. Listing Procedures:
Section 1. Listing Procedures Listings of property of the following types for sale, lease or exchange which are listed subject to a real estate broker’s license, and which are located within the respective primary service area of MLS and taken by Participants on listing contracts acceptable to MLS shall be electronically input or delivered to MLS or to the Commercial Property Database immediately but not later than two (2) business days, after all necessary signatures of Seller(s) have been obtained, or within one (1) business day of any public marketing of the listing, whichever is earlier.
NAR Mandated additions to section 2.3:
Section 2.3 Right of Cooperating Broker in Presentation of Offer
The cooperating Participant (subagent, buyer agent or transaction licensee) or his representative has the right to participate in the presentation to the seller or lessor of any offer he secures to purchase or lease. He does not have the right to be present at any discussion or evaluation of that offer by the seller or lessor and the listing Participant. However, if the seller or lessor gives written instructions to the listing Participant that the cooperating Participant not be present when an offer the cooperating Participant secured is presented, the cooperating Participant has the right to a copy of the Seller’s written instructions. None of the foregoing diminishes the listing Participant’s right to control the establishment of appointments for such presentations.
Where the cooperating broker is not present during the presentation of the offer, the cooperating broker can request in writing, and the listing broker must provide, written affirmation stating that the offer has been submitted to the seller, or written notification that the seller has waived the obligation to have the offer presented.
NAR Mandated changes to Section 9. Consideration of Alleged Violations
Section 9. Consideration of Alleged Violations
The Committee (Board of Directors) shall give consideration to all written complaints having to do with violations of the rules and regulations, or violations determined by MLS’s own investigation, having to do with an alleged violation of these Rules and Regulations. By becoming, and remaining a participant, each participant agrees to be subject to these rules and regulations, the enforcement of which are at the sole discretion of the Committee (Board of Directors).
NAR Mandated Changes to Section 9.3 Complaints fo Unauthorized Use of Listing Content and 9.4 MLS Rules Violations
Section 9.3 Complaints of Unauthorized Use of Listing Content
Any participant who believes another participant has engaged in the unauthorized use or display of listing content, including photographs, images, audio or video recordings, and virtual tours, shall send notice of such alleged unauthorized use to the MLS. Such notice shall be in writing, specifically identify the allegedly unauthorized content, and be delivered to the MLS not more than sixty (60) days after the alleged misuse was first identified. No participant may pursue action over the alleged unauthorized use and display of listing content in a court of law without first completing the notice and response procedures outlined in this Section 9.3 of the MLS rules.
Upon receiving a notice, the committee (Board of Directors) will send the notice to the participant who is accused of unauthorized use. Within ten (10) days from receipt, the participant must either: 1) remove the allegedly unauthorized content, or 2) provide proof to the committee (Board of Directors) that the use is authorized. Any proof submitted will be considered by the Committee (Board of Directors), and a decision of whether it establishes authority to use the listing content will be made within thirty (30) days.
If the Committee (Board of Directors) determines that the use of the content was unauthorized, the Committee (Board of Directors) may issue a sanction pursuant to Section 7 of the MLS rules, including a request to remove and/or stop the use of the unauthorized content within ten (10) days after transmittal of the decision. If the unauthorized use stems from a violation of the MLS rules, that too will be considered at the time of establishing an appropriate sanction.
If after ten (10) days following transmittal of the Committee’s (Board of Director’s) determination the alleged violation remains uncured (i.e. the content is not removed or the rules violation remains uncured), then the complaining party may seek action through a court of law.
Section 9.4 MLS Rules Violations
MLS participants may not take legal action against another participant for alleged rules violation(s) unless the complaining participant has first exhausted the remedies provided in these rules.
NAR mandated addition to Section 11. Authorization
Each participant who submits listing content to the MLS agrees to defend and hold the MLS and every other participant harmless from and against any liability or claim arising from any inaccuracy of the submitted listing content or any inadequacy of ownership, license, or title to the submitted listing content.
