Section 1.1.1. Listing Subject to Rules and Regulations of the Service

Contents

Section 1

Listing Procedures

Section 1.2

Details on Listings Files with the Service

Section 1.3

Exempt Listing

Section 1.4

Change of Status of Listing

Section 1.5

Withdrawal of Listing Prior to Expiration

Section 1.5.1

Release of Listing Prior to Expiration

Section 1.6

Contingencies Applicable to Listings

Section 1.7

Listing Price Specified

Section 1.8Listing Multiple Unit Properties

Section 1.9 No Control of Commission Rates or Fees Charged by Participants

Section 1.10

Expiration of Listings

Section 1.11

Termination Date on Listings

Section 1.12

Jurisdiction

Section 1.13 Listings of Suspended Participants

Section 1.14

Listings of Expelled Participants

Section 1.15 Listings of Resigned Participants

Section 1.16

Only One Listing Office

Section 1.17

No Verbal Changes

Selling Procedures

Section 2

Showing and Negotiations

Section 2.1

Presentation of Offers

Section 2.2

Submission of Written Offers and Counter-Offers

Section 2.3

Right of Cooperating Broker in Presentation of Offer

Section 2.4

Right of Listing Broker in Presentations of Counter-Offer

Section 2.5 Reporting Sales to the Service

Section 2.6

Reporting Resolutions of Contingencies

Section 2.7 Advertising of Listings Filed with the Service

Section 2.8

Reporting Cancellations of Pending Sales

Section 2.9

Section 2.10

Availability of Listed Property

Section 3

Refusal to Sell

Prohibitions

Section 4

Information for Participants Only

Section 4.1

For Sale Signs

Section 4.2 Sold Sigs

Section 4.3

Solicitation of Listing Filed with the Service

Section 4.4 Use of the Terms MLS and Multiple Listing Service

Division of Commissions

Section 5

Compensation Specified on Each Listing

Section 5.0.1

Section 5.1

Participant as Principal

Section 5.2

Participant as Purchaser

Section 5.3 Dual or Variable Rate Commission Arrangements

Section 6

Service Fees and Charges

Compliance with Rules

Section 7

Authority to Impose Discipline

Section 7.0.1

Harassment Policy

Section 7.1 Compliance with Rules

Section 7.2 Applicability of Rules to Users and/or Subscribers

Section 8 Meetings

Enforcement of Rules or Disputes

Section 9

Consideration of Alleged Violations

Section 9.1

Violations of the Rules and Regulations

Section 9.2 Complaints of Unethical Conduct

Section 9.3

Penalties

Confidentiality of MLS Information

Section 10 Confidentiality of MLS Information

Section 10.0.1

Access to Comparable and Statistical Information

Section 10.1

MLS Not Responsible for Accuracy of Information

Section 11 Ownership of MLS Compilation* and Copyright

Section 11.1

Section 11.2

Section 12

Distribution

Section 12.1

Display

Section 12.2

Reproduction

Use of MLS Information

Section 13

Limitations on Use of MLS Information

Section 14 Changes in Rules and Regulations

On Line Computer Office

Section 15

Compliance

Section 15.1

Authorized Usage

Section 15.2

Breach of Security

Section 16

Section 17 Orientation

IDX

Section 18

IDX Defined

Section 18.1

Section 18.2

Participation

Section 18.2.1

Section 18.2.2

Section 18.2.3

Section 18.2.4

Section 18.2.5

Section 18.2.6

Article 18.2.7

Section 18.2.8

Section 18.2.9

Section 18.3

Display

Section 18.3.1

Section 18.3.1.1

Section 18.3.2

Section 18.3.3

Section 18.3.4

Section 18.3.5

Section 18.3.6

Section 18.3.7

Section 18.3.8

Section 18.3.9

Section 18.3.10

Section 18.3.11

Section 18.3.12

Section 18.3.13

Section 18.3.14

Section 18.3.15

Section 18.3.16.

Section 18.4

Section 19

Section 19.1

VOW Defined

Section 19.2

Section 19.3

Section 19.4

Section 19.5

Section 19.6

Section 19.7

Section 19,8

Section 19.9

Section 19.10

Section 19.11

Section 19.12

Section 19.13

Section 19.14

Section 19.15

Section 19.16

Section 19.17

Section 19.18

Section 19.19

Section 19.20

Section 19.21

Section 19.22

Section 19.23

Section 19.24

Appendix A

Columbia County & Northern Dutchess MLS

Statement of Policy

Article 13

Section 1 Listing Procedures

/ LISTING PROCEDURES
Listings of real or personal properties of the following types, which are listed subject to a real estate broker’s license, and are located within the territorial jurisdiction of the multiple listing service, of all Participants and are taken as an exclusive right to sell, or exclusive agency listing must be entered into the MLS database within 3 business days of the effective date of the listing agreement. Failure to comply is subject to a penalty as prescribed in a written policy as established by the Board of Directors.

single family homes for sale, rent or exchange
vacant lots and acreage for sale or exchange
two-family, three-family and four-family residential buildings for sale, rent or exchange
commercial property

MLS Participants must retain all records pertaining to listings submitted to the MLS. The MLS Office will have the authority to audit listings to ensure that the listing office has appropriate documents relative to the listing. Upon notification from the MLS office to the listing broker or agent (Participant or Subscriber), the listing office will have two (2) business days within which to submit the listing contract and/or change documents to the MLS Office. If the requested documents are not received within the allotted time frame, the listing will be removed from the system and the listing broker/agent will be subject to a fine as prescribed in a written policy as established by the Board of Directors.
NOTE 1: The Multiple Listing Service shall not require a Participant or Subscriber to submit listings on a form other than the form the Participant or Subscriber individually chooses to utilize provided the listing is of a type accepted by the Service. However, the Multiple Listing Service, through its legal counsel:

May reserve the right to refuse to accept a listing form which fails to adequately protect the interest of the public and the Participants
Assure that no listing filed with the Multiple Listing Service establishes, directly or indirectly, any contractual relationship between the Multiple Listing Service and the client (buyer or seller).

The Multiple Listing Service shall accept exclusive right to sell listing contracts and exclusive agency contracts, and may accept other forms of agreement which make it possible for the listing broker to offer compensations to other Participants of the Multiple Listing Service acting as subagents, buyers agents, or both, or brokers agents.
The listing agreement must include the seller’s written authorization to submit the agreement to the Multiple Listing Service.
The different types of listing agreement include:
a.exclusive right to sell
b.exclusive agency
c.open
d.net
The service may not accept net listings because they are deemed unethical and, in most states, illegal. Open listings are not accepted except where required by law because the inherent nature of an open listing is such as to usually not include the authority to cooperate and compensate other brokers and inherently provides a disincentive for cooperation.
The exclusive right-to-sell listing is the conventional form of listing submitted to the Multiple Listing Service in that the seller authorizes the listing broker to cooperate with and to compensate other brokers.
The exclusive agency listing also authorizes the listing broker, as exclusive agent, to offer cooperation and compensation on blanket unilateral bases, but also reserves to the seller the general right to sell the property on an unlimited or restrictive basis. Exclusive agency listings and exclusive right-to-sell listings with named prospects exempted, should be clearly distinguished by a simple designation such as a code or symbol from exclusive right to sell listings with no named prospects exempted, since they can present special risks of procuring cause controversies and administrative problems not posed by exclusive right to sell listings with no named prospect exempted. Care should be exercised to ensure that different codes or symbols are used to denote exclusive agency and exclusive right-to-sell listings with prospect reservations.
Note 2: A Multiple Listing Service does not regulate the type of listings its members may take. This does not mean that a Multiple Listing Service must accept every type of listing. The Multiple Listing Service shall decline to accept open listings (except where acceptance is required by law) and net listings and it may limit its service to listings of certain kinds of property. But, if it chooses to limit the kind of listings it will accept, it shall leave its Members free to accept such listings to be handled outside the Multiple Listing Service.
Note 3[MNS1]: A Multiple Listing Service may, as a matter of local option, accept exclusively listed property that is subject to auction. If such listings do not show a listed price, they may be included in a separate section of the MLS compilation of current listings.

Article 13.1

Section 1.1.1. Listing Subject to Rules and Regulations of the Service

/ Any listings taken on a contract to be referred to the MLS is subject to the rules and regulations of the service upon signature of the seller(s) and the Multiple Listing Service Participant or his/her designee.

Article 13.2

Section 1.2

Details on Listings Files with the Service

/ A listing agreement, when filed with the MLS by a listing broker, shall be complete in every detail (including front exterior photo or sketch) as shown on theform. A listing contract that is illegible shall be considered to be incomplete. Failure to comply is subject to (a) the listing being returned for completion and (b) subject to penalty as prescribed by the Multiple Listing Policy as established by the Board of Directors of the Service.

Section 1.3

Exempt Listing

/ If the seller refuses to permit the listing to be disseminated by the service, the participant may then take the listing (office exclusive) and such listing shall be filed with the service but not disseminated to the participants. Filing of the listing should be accompanied by certification signed by the seller that he does not desire the listing to be disseminated by the service.

Article 13.3 Listing Price Specified

/ The full gross listing price stated in the listing contract will be in the information published in the MLS compilation, unless the property is subject to auction.

Article 13.4Section 1.4

Change of Status of Listing

/ Any change in status, list price or any other change in the original listing agreement that requires the signature of the seller(s) shall be filed with the Service within 3 business days after the authorized change is received by the listing broker. Failure to comply is subject to penalty as outlined in the Multiple Listing Service policy as established by the Board of Directors. Any binder, contract, back on market or sold status change shall be reported to the Service within 24 hours. Failure to comply is subject to penalty as outlined in the Multiple Listing Service policy as established by the Board of Directors of the Service.

Article 13.5 Contingencies Applicable to Listings

/ Any contingency or conditions of any term in a listing shall be specified and notified to Participants.

Article 13.6 Section 1.5

Withdrawal of Listing Prior to Expiration

/ Listed property may be withdrawn from MLS by the listing broker before the expiration date of the listing agreement, provided notice is filed with the Multiple Listing Service including a copy of the agreement between the seller and the listing broker, which authorizes the withdrawal.
Sellers do not have a unilateral right to require an MLS to withdraw a listing without the listing broker's concurrence. However, when a seller(s) can document that his/her exclusive relationship with the listing broker has been terminated, the Multiple Listing Service may remove the listing at the request of the seller.

Article 13.7

Section 1.5.1

Release of Listing Prior to Expiration

/ Listed property may be released from the MLS by the listing broker before the expiration date of the listing agreement, provided notice is filed with the Multiple Listing Service by listing broker and/or seller. There are typically two types of releases: "conditional" and "unconditional". An "unconditional release" is a form or letter from the broker/MLS Participant to the seller/owner unconditionally releasing the seller/owner from their listing contract. It requires the signature of the broker/MLS Participant, but not the seller/owner. A "conditional release" is the release of the seller/owner from their listing contract, which is subject to a specified time or conditions. It requires the signature of both the broker/MLS Participant and seller/owner.

Section 1.6

Contingencies Applicable to Listings

/ Any contingency or conditions of any term in a listing shall be specified and notified to Participants.

Section 1.7

Listing Price Specified

/ The full gross listing price stated in the listing contract will be in the information published in the MLS compilation, unless the property is subject to auction.

Article 13.8 Section 1.8 Listing Multiple Unit Properties

/ All properties which are to be, or may be sold separately, must be listed individually. When part of a listed property has been sold, the listing shall be considered cancelled and the remainder of the property shall be re-listed, or proper notification given to the Multiple Listing Service.

Section 1.9Article 13.9No Control of Commission Rates or Fees Charged by Participants

/ The Multiple Listing Service shall not fix, control, recommend, suggest or maintain commission rates or fees for services rendered by Participants. Further, the Multiple Listing Service shall not fix, control, recommend, suggest or maintain the division of commissions or fees between cooperating participants or between Participants and non-by Participants.

Article 13.10Section 1.10

Expiration of Listings

/ Any Listings filed with the Multiple Listing Service will automatically be removed from the compilation of current listings on the expiration date specified in the agreement unless prior to that date the MLS receives notice that the listing has been extended or renewed. Any extension or renewal of a listing must be signed by the seller(s) and filed with the MLS. Extensions received on or prior to the expiration date must be entered by the listing office. Extensions received after the expiration date must be entered by MLS staff only.
If notice of renewal or extension is received after the listing has been removed from the compilation of current listings, the extension or renewal will be published in the same manner as a new listing.

Article 13.11 Section 1.11

Termination Date on Listings

/ Listings filed with the service shall bear a definite and final termination date, as negotiated between the listing broker and the seller..

Article 13.12

Section 1.12

Jurisdiction

/ All exclusive listings of the designate types of property located within the jurisdiction of the Service are required to be submitted to the Service. Failure to comply will result in a penalty as prescribed in the Multiple Listing Service as established by the Board of Directors of the Service. Listings of property located outside the Board's jurisdiction will be accepted if submitted voluntarily by a Participant but cannot be required by the Service.

Article[MNS2] 13.13 Exempted Listings

/ If a seller refuses to permit the property to be listed with the MLS, the Participant may then take the listing (office exclusive), and such listing shall be filed with the Service but not disseminated to the Participants. The listing must be accompanied by certification signed by the seller that he does not desire the listing to be placed with the MLS.

Article 13.14 Section 1.13Listings of Suspended Participants

/ When a Participant of the Service is suspended from the MLS for failing to abide by a membership duty (i.e. violation of the Code of Ethics, association bylaws,MLS bylaws, MLS rules and regulations, or other membership obligation except failure to pay appropriate dues, fees or charges) all listings currently filed with the MLS by the suspended Participant shall, at the Participant's option, be retained in the Service until sold, withdrawn or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the suspension became effective. If a Participant has been suspended from the Board (except where MLS participation without Board membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees or charges, a Board MLS is not obligated to provide MLS services, including continued inclusion of suspended Participant's listings in the MLS compilation of the current listing information. Prior to any removal of a suspended Participant's listings from the MLS, the suspended Participant should be advised in writing of the intended removal so that the suspended Participant may advise his clients.

Article 13.15Section 1.14

Listings of Expelled Participants

/ When a Participant of the Service is expelled from the MLS for failing to abide by a membership duty (i.e. violation of the Code of Ethics, Board bylaws, MLS bylaws/Rules and Regulations, or other membership obligations except failure to pay appropriate dues, fees, or charges) all listings currently filed with the MLS by the expelled Participant shall, at the Participant’s option, be retained in the Service until sold, withdrawn, or expired and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the expulsion became effective . If a Participant has been expelled from the Board or MLS (or both) for failure to pay appropriate dues, fees, or charges, a Board MLS is not obligated to provide MLS services, including continued inclusion of the expelled Participant’s listings in the MLS compilation of current listing information. Prior to any removal of an expelled Participant's listings from the MLS, the expelled Participant should be advised in writing of the intended removal so that the expelled Participant may advise his/her clients.

Article 13.16Section 1.15 Listings of Resigned Participants

/ When a Participant resigns from the MLS, the MLS is not obligated to provide services, including continued inclusion of the resigned Participant's listings in the MLS compilation of current listing information. Prior to any removal of a resigned Participant's listings from the MLS, the resigned Participant should be advised in writing of the intended removal so that the resigned Participant may advise his/her clients.

Article 13.17

Section 1.16

Only One Listing Office

/ The submission of a listing to the Service shall be made by one office and that one office shall be responsible for the unilateral offer of cooperation and compensation to other MLS Participants.

Article 13.18 Section 1.17

No Verbal Changes

/ No verbal changes will be accepted at the Board/Multiple Listing office.

Article 14 Selling Procedures

/ SELLING PROCEDURES

Article 14Section 2

Showing and Negotiations

/ Appointments for showings and negotiations with the seller for the purchase of listed property filed with the Multiple Listing Service shall be conducted through the listing broker, except under the following circumstances:

The listing broker gives the cooperating broker specific authority to show and/or negotiate directly, and/or if the listing agreement specifies that the cooperating broker shall have the authority to present offers.
If after diligent effort (at least 24 hours), the cooperating broker cannot contact the listing broker or his/her representative. However, the listing broker, at his/her option, may preclude such direct negotiations by cooperating brokers.

Article 14.1 Section 2.1