(This document is also available in Word® or PDF format. You will need Acrobat Reader in order to open this document in PDF format. You may obtain it here for free: http://www.adobe.com/products/acrobat/readstep.html)

Revised 3/04  

ARTICLE I

LISTINGS

SECTION 1
LISTING PROCEDURES: All listings of properties, properly signed by the seller(s) and the agent, of the following types, located within the territorial jurisdiction of the MLS of Elkhart County, Inc. and are taken by Participants and are exclusive right to sell or exclusive agency listings shall be entered into the computer within 72 hours (excepting weekends and holidays). Said listing will be delivered to the MLS office within seven (7) days after signatures of seller(s) have been obtained. (Amended 3/04)

TYPES OF PROPERTIES

a. Residential

b. Residential, Income

c. Subdivided Vacant Lot

d. Acreage

e. Business Opportunity, W/Real Property

f. Motel/Hotel

g. Mobile Homes, W/Real Property

h. Mobile Home Park

i. Commercial

j. Industrial

NOTE 1: The Multiple Listing Service shall not require a Participant to submit listings on a form other than the form the Participant individually chooses to utilize provided the listing is of a type accepted by the Service, although a "Property Data Form" may be required as approved by the Multiple Listing 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 form 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 shall accept exclusive right to sell listing contracts and exclusive agency listing contracts, and may accept other forms of agreement which make it possible for the listing broker to offer cooperation and compensation to the other Participants of the Multiple Listing Service acting as a buyers agent. (Amended 7/99)
  The listing agreement must include the seller's authorization to submit the agreement to the Multiple Listing Service.
• The different types of listing agreements include:
  • Exclusive right to sell
  • Exclusive agency
  • Open
  • 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. (Amended 4/93)

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. (Amended 4/93)

The exclusive agency listing also authorizes the listing broker, as exclusive agent, to offer cooperation and compensation on a blanket unilateral basis, but also reserves to the seller the general right to sell the property on an unlimited basis 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 prospects 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. (Amended 12/96)

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. (Adopted 4/93)

NOTE 3: The Multiple Listing Service may 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. (Adopted 4/93)

SECTION 1.1 LISTINGS SUBJECT TO RULES AND REGULATIONS OF THE SERVICE: Any listing taken on a contract to be filed with the Multiple Listing Service is subject to the Rules and Regulations of the Service upon signature of the seller(s).

SECTION 1.2 DETAIL ON LISTINGS FILED WITH THE SERVICE: A listing agreement and profile sheet, when filed with the MLS by the listing broker, shall be complete in every detail which is ascertainable as specified on the Profile Sheet. A Property Data Profile Sheet is required as approved by the MLS and the seller or Participant must certify that the information on the Profile Sheet is true and accurate to the best of their knowledge and belief. The MLS disclaims any and all liability for the publishing of any misinformation, unannounced deletions and exceptions or any errors common to the transactions and publishing of the detailed information. A $25.00 fine will be assessed monthly for each incomplete listing. (An incomplete listing is one in which a starred item on the profile sheet is not filled in with complete and accurate information.) (Amended 1/01)

SECTION 1.3 EXEMPTED LISTINGS: If the seller refuses to permit the listing to be disseminated by the Service, the Participant may then take a quiet listing and such listing shall be filed with the Service but not disseminated to the Participants. Filing of the listing must be accompanied by certification by the seller(s) that he does not desire the listing to be disseminated by the Service.

SECTION 1.4 CHANGE OF STATUS OF LISTING: Any change in listed price or other change in the original listing agreement shall be made by the MLS only when authorized in writing by the seller and shall be filed with the MLS weekly. Participants inputting directly shall make all changes within 48 hours (excepting weekends and holidays) of authorization. Any change in a listed property as to square footage, submitted to the Service by an appraiser can be made by the Service without the written authorization previously mentioned.

SECTION 1.5 WITHDRAWAL OF LISTING PRIOR TO EXPIRATION: Listings of property may be withdrawn from the Multiple Listing Service by the listing broker before the expiration date of the listing agreement provided notice is filed with the Service including a copy of the agreement between the seller and the listing broker which authorizes the withdrawal.

SECTION 1.6 CONTINGENCIES APPLICABLE TO LISTINGS: Any contingency or conditions of any term in a listing shall be specified and noticed to the Participants.

SECTION 1.7 LISTING PRICE SPECIFIED: The full gross listing price stated in the listing contract will be included in the information published in the MLS compilation of current listings, unless the property is subject to auction. (Amended 4/93)

SECTION 1.8 LISTING MULTIPLE UNIT PROPERTIES: All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the Profile Sheet. When part of a listed property has been sold, proper notification should be given to the Service.

SECTION 1.9 NO CONTROL OF COMMISSION RATES OR FEES CHARGED BY PARTICIPANTS: The MLS shall not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by Participants. Further, the MLS inputting shall not fix, control, recommend, suggest, or maintain the division of commissions or fees between cooperating Participants or between Participants and nonparticipants.

SECTION 1.10 EXPIRATION, EXTENSION, AND RENEWAL OF LISTINGS: Any listing filed with the MLS automatically expires on the dates specified in the agreement unless renewed by the listing broker and notice of renewal or extension is filed with the MLS prior to expiration. All extensions and renewals must have signatures of seller. Any extension filed after expiration date will be a resubmission fee.

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.

SECTION 1.12 JURISDICTION: Only listings of the designated types of property located within the jurisdiction of the Elkhart County Board of REALTORS ® are required to be submitted to 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.

SECTION 1.13 LISTINGS 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, Board Bylaws, MLS Bylaws, MLS 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 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 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 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 clie

SECTION 1.14 LISTINGS OF EXPELLED PARTICIPANTS: When a Participant of the Service is expelled from the MLS for failing to abide by membership duty (i.e., violation of the Code of Ethics, Board Bylaws, MLS Bylaws, MLS Rules & Regulations, or other membership obligations except failure to pay appropriate dues, fees, or charges), all listings currently filed with MLS shall, at the expelled 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 continued inclusion of the expelled Participant's listings in the MLS charges, a Board MLS is not obligated to provide MLS services, including 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 clients.

SECTION 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 clients.

SELLING PROCEDURES

SECTION 2. SHOWINGS AND NEGOTIATIONS: Appointments for showings and negotiations with the seller for the purchase of listed property filed with the MLS shall be conducted through the listing broker, except under the following circumstances:

a. The listing broker gives the cooperating broker specific authority to show and/or negotiate directly, or

b. After reasonable effort, the cooperating broker cannot contact the listing broker or his representative; however, the listing broker, at his option, may preclude such direct negotiations by cooperating broker. (Amended 4/93)

SECTION 2.1 PRESENTATION OF OFFERS: The listing broker must make arrangements to present the offer as soon as possible, or give the cooperating broker a satisfactory reason for not doing so. (Amended 4/93)

 SECTION 2.2 SUBMISSION OF WRITTEN OFFERS: The listing broker shall submit to the seller all written offers until closing unless precluded by law, government rule, regulation, or agreed otherwise in writing between the seller and the listing broker. Unless the subsequent offer is contingent upon the termination of an existing contract, the listing broker shall recommend that the seller obtain the advise of legal counsel prior to acceptance of the subsequent offer.

SECTION 2.3 RIGHT OF COOPERATING BROKER IN PRESENTATION OF OFFER IN PRESENTATION OF AN OFFER: The cooperating broker (or buyer agent) 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 broker. However, if the seller or lessor gives written instructions to the listing broker that the cooperating broker not be present when an offer the cooperating broker secured is presented, the cooperating broker has the right to a copy of the seller's written instructions. None of the foregoing diminishes the listing broker's right to control the establishment of appointments for such presentations. (Amended 4/93)

SECTION 2.4 RIGHT OF LISTING BROKER IN PRESENTATION OF COUNTER-OFFER:

The listing broker or his representative has the right to participate in the presentation of any counter-offer made by the seller or lessor. He does not have the right to be present at any discussion or evaluation of a counter-offer by the purchaser or lessee. However, if the purchaser or lessee gives written instructions to the cooperating broker that the listing broker not be present when a counter-offer is presented, the listing broker has the right to a copy of the purchaser's or lessee's written instructions. (Amended 7/99)

SECTION 2.5 REPORTING SALES TO THE SERVICE: Sales shall be reported within 48 hours (excepting week-ends and holidays), after acceptance of offer and/or closing, to the MLS by the listing broker unless the negotiations were carried on under Section 2(a) or (b) hereof in which case the cooperating broker shall report, sending a copy to the listing broker within 24 hours after acceptance. All reporting will be done via a status change form. (Amended 4/93)

SECTION 2.6 ADVERTISING OF LISTING FILED WITH SERVICE: A listing shall not be advertised by any Participant, other than the listing broker, without the prior consent of the listing broker.

SECTION 2.7 REPORTING CANCELLATION OF PENDING SALE: The listing broker shall report immediately to the MLS the cancellation of any pending sale and the listing shall be reinstated immediately.

SECTION 2.8 FIRST RIGHT OF REFUSAL: The listing broker or its agents shall disclose to any agent requesting permission to show a property, at that time, the fact that there is a right of first refusal existing on that property. (Amended 12/96)

REFUSAL TO SELL

SECTION 3 REFUSAL TO SELL: If the seller of any listed property filed with the MLS refuses to accept a written offer satisfying the terms and conditions stated in the listing, such fact shall be transmitted immediately to the Service and all Participants.

PROHIBITIONS

SECTION 4 INFORMATION FOR PARTICIPANTS ONLY: Any listing filed with the Service shall not be made available to any nonparticipant without prior consent of the listing broker. Any listing contract filed with the Service shall not be made available to any participant and/or nonparticipant without prior written consent of the listing broker.

SECTION 4.1 "FOR SALE" SIGNS: Only the "For Sale" signs of the listing broker may be placed on the property.

SECTION 4.2 "SOLD" SIGNS: Only REALTORS ® who participated in the transaction as the listing broker or cooperating broker (selling broker) may claim to have "sold" the property. Prior to closing, a cooperating broker may post a "sold" sign only with the consent of the listing broker. (Amended 1/96)

SECTION 4.3 SOLICITATION OF LISTING FILED WITH THE SERVICE: Participants shall not solicit a listing on property filed with the Service unless such solicitation is consistent with Article 16 of the REALTORS ® Code of Ethics, its Standards of Practice and its Case Interpretation. (Amended 12/96)

NOTE 1: This Section is to be construed in a manner consistent with Article 16 of the Code of Ethics and

particularly Standard of Practice 16.4. This Section is intended to encourage sellers to permit their properties to be filed with the Service by protecting them from being solicited, prior to expiration of the listings, by brokers and salespersons seeking the listing upon its expiration. (Amended 12/96)

Without such protection, a seller could receive hundreds of calls, communications, and visits from brokers and salespersons who have been made aware through MLS filing of the date the listing will expire and desire to substitute themselves for the present broker.

This Section is also intended to encourage brokers to participate in the Service by assuring them that other Participants will not attempt to persuade the seller to breach the listing agreement or to interfere with their attempts to market the property. Absent the protection afforded by this Section, listing brokers would be most reluctant to generally disclose the identity of the seller or the availability of the property to other brokers. This Section does not preclude solicitation of listings under the circumstances otherwise recognized by the Standards of Practice related to Article 16 of the Code of Ethics. (Amended 12/96)

DIVISIONS OF COMMISSIONS

SECTION 5 COOPERATIVE COMPENSATION SPECIFIED ON EACH LISTING:- The listing broker shall specify, on each listing filed with the MLS, the compensation offered to other MLS Participants for their services in the sale of such listing. (Amended 4/93)

NOTE 1: In filing a property with the MLS of a Board of REALTORS ®, the Participant of the Service is making blanket unilateral offers of compensation to the other MLS Participants, and shall, therefore, specify on each listing filed with the Service, the compensation being offered to the other MLS Participants. Specifying the compensation on each listing is necessary because the cooperating broker has the right to know what his compensation shall be prior to his endeavor to sell. (Amended 1/97)

The listing broker retains the right to determine the amount of compensation offered to buyer agents, or in other agency or non-agency capacities defined by law which may be the same or different. (Amended 7/99)

This shall not preclude the listing broker from offering any MLS Participant compensation other than the compensation indicated on any listing published by the MLS provided the listing broker informs the other broker in writing in advance of their producing an offer to purchase and provided that the modification in the specified compensation is not the result of any agreement among all or any other Participants in the Service. Any superseding offer of compensation must be expressed as either a percentage of the gross sales price or as a flat dollar amount. (Amended 12/96)

While offers of compensation made by listing brokers to cooperating brokers through MLS are unconditional, a listing broker's obligation to compensate a cooperating broker who was the procuring cause of sale (or lease) may be excused if it is determined through arbitration that, through no fault of the listing broker and in the exercise of good faith and reasonable care, it was impossible or financially unfeasible for the listing broker to collect a commission pursuant to the listing agreement. In such instances, entitlement to cooperative compensation offered through MLS would be a question to be determined by an arbitration hearing panel based on all relevant facts and circumstances including, but not limited to, why it was impossible or financially unfeasible for the listing broker to collect some or all of the commission established in the listing agreement; at what point in the transaction did the listing broker know (or should have known) that some or all of the commission established in the listing agreement might not be paid; and how promptly had the listing broker communicated to cooperating brokers that the commission established in the listing agreement might not be paid. (Adopted 1/97)

The Board MLS shall not have a rule requiring the listing broker to disclose the amount of total negotiated commission in his listing contract, and the Board MLS shall not publish the total negotiated commission on a listing which has been submitted to the MLS by a Participant. The Board MLS shall not disclose in any way the total commission negotiated between the seller and listing broker. (Adopted 4/93)

*The compensation specified on a listing filed with the MLS shall appear in one of two forms. The essential and appropriate requirement by a Board MLS is that the information to be published shall clearly inform the Participants as to the compensation they will receive in cooperative transactions unless advised otherwise by the listing broker in writing in advance of their producing an offer to purchase. The compensation specified on listings published by the MLS shall be shown in one of the following forms:

1. By showing a percentage of the gross selling price.

2. By showing a definite dollar amount. (Amended 12/96)

"Multiple Listing Service shall not publish listings that do not include an offer of compensation expressed as a percentage of the gross selling price or as a definite dollar amount, nor shall they include general invitations by listing brokers to other Participants to discuss terms and conditions of possible cooperative relationships." (Adopted 1/97)

NOTE 2: The listing broker may, from time to time, adjust the compensation offered to other MLS Participants for their services with respect to any listing by advance published notice to the Service so that all Participants will be advised. (Adopted 4/93)

NOTE 3: The MLS shall make no rules on the division of commissions between Participants and nonparticipants. This should remain solely the responsibility of the listing broker. (Adopted 4/93)

SECTION 5.1 PARTICIPANT AS PRINCIPAL: If a Participant or any licensee (or licensed or certified appraiser) affiliated with a Participant has any interest in property, the listing of which is to be disseminated through the MLS, that person shall disclose that interest when the listing is filed with the MLS and such information shall be disseminated to all MLS Participants. (Amended 4/93)

SECTION 5.2 PARTICIPANT AS PURCHASER: If a Participant or any licensee (including licensed and certified appraisers) affiliated with a Participant wishes to acquire an interest in the property listed with another Participant, such contemplated interest shall be disclosed in writing to the listing broker not later than the time an offer to purchase is submitted to the listing broker. (Adopted 4/93)

 SECTION 5.3 DUAL OR VARIABLE RATE COMMISSION ARRANGEMENTS: The existence of a dual or variable rate commission arrangement (i.e. one in which the seller/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 seller/landlord agrees to pay a specified commission if the property is sold/leased by the listing broker either with or without assistance of a cooperating broker and a different commission if the sale/lease results through the efforts of a seller/landlord) shall be disclosed by the listing broker by a key, code, or symbol as required by the MLS. The listing broker shall, in response to inquires from potential cooperating brokers, disclose the differential that would result in either a cooperative transaction or, alternatively in a sale/lease that results through the efforts of the seller/landlord. If the cooperating broker is a buyer/tenant representative, the buyer/tenant representative must disclose such information to their client before the client makes an offer to purchase or lease. (03/04)

SERVICE CHARGE

SECTION 6 SERVICE FEE AND CHARGES: The following service charges for operation of the MLS are in effect to defray the costs of the Service and are subject to change from time to time in the manner prescribed:

a. INITIAL OFFICE ENTRANCE FEE: An applicant office for participation in the Service shall pay an entrance fee of $1000.00. This is a one-time non-refundable fee to be paid upon acceptance of application. (Amended 1/01)

b. UNIT OF SERVICE: The Unit of Service includes partial services provided by the MLS, such as computer service. The monthly unit of service fee shall be determined by the Board of Directors. The Participant shall be billed for a unit of service for each salesperson or subscriber, who has access to and use of the service, whether employed by or affiliated as an independent contractor with the Participant. This definition shall not include clerical, bookkeeping, secretarial staff nor other support personnel, but shall include managing broker and managerial staff. (Amended 9/96)

c. PROCESSING FEE: The Participant shall be charged a $50.00 Processing Fee for any new agent or agent transferring to the Participant's office. This fee will appear on the Participant's monthly office bill. (Amended 12/98)

d. OFFICE REINSTATEMENT FEE: A $200 reinstatement fee will be charged in lieu of the initial entrance fee provided the person applying was a Participant within the last six months and remained a Broker, Salesperson, or Appraiser affiliated with an active Participant of the service. (Amended 12/98)

 SECTION 6.1 MLS BILLING PROCEDURE:

a. NONPAYMENT OF MLS ACCOUNT: The MLS Participant's account is due and payable by the 25th of each month. If said account is not paid in full by the 25th of the month, a 3% late charge or a minimum finance fee will be assessed. If the account, including the late charge, is not paid by the 15th of the next month, service will be terminated. A $50 activation fee will be charged to reinstate service. After 90 days, the delinquent account will be processed in small claims court. In addition to the past due account balance, the Participant will be obligated to pay reasonable attorney fees in connection with the recovery of any past due account balance. The MLS Participant is considered personally responsible for any unpaid MLS balance and will not be granted MLS access through another office until the past due bill is paid in full. (Revised 5/02)

b. AGENTS JOINING AFTER THE MONTHLY BILLING HAS BEEN ISSUED TO THE PARTICIPANTS: A prorated Unit of Service charge will be assessed to the MLS Participant for agents with his firm subscribing to the MLS after the monthly billing has been sent out. This charge will appear on the Participant's next monthly invoice.

SECTION 6.2 MLS UNITS OF SERVICE PAYMENT POLICY:

a. PAYMENT FOR UNITS OF SERVICE & SUPPLIES: All Units of Service fees and supply charges must be paid by the Participant by a company check.

b. HANDLING OF NSF CHECK OF MLS PARTICIPANT: If a Participant has more than one check returned for insufficient funds within a 12 month period, all subsequent billings must be paid for in cash or by certified check.

COMMON LOCK BOX SYSTEM OF THE MLS OF ELKHART COUNTY

The MLS of Elkhart County is the administrator and owner of the Lock Box System. The MLS will utilize NAR's lock box security requirements as outlined in the MLS Handbook along with the following local requirements: (Amended 9/97)

SECTION 7 AUTHORIZED PERSONS: An entry card is available to Participants and persons who are authorized by the MLS Board of Directors including non-member licensees who are affiliated with REALTOR ® members and Affiliate members appropriately applying. No one shall be required to lease an entry card, except on a voluntary basis. (Amended 9/97)

SECTION 7.1 ISSUANCE PROCEDURES: Before an entry card will be issued, the individual salesperson affiliated with the Participant shall sign a written agreement with the MLS stipulating the responsibilities and liabilities of both the salesperson and the Participant. An annual lease fee, maintenance fee, and a $50 administration fee is required to be paid at the time the entry card is issued or billed to the office. The lease and maintenance fee will be determined annually by the Board of Directors. In an agent transfer situation, the agent will retain their original entry card pursuant to the terms set out in the lease contract. (Amended 6/03)

Before a lock box will be issued, the Participant shall sign a written agreement with the MLS stipulating the responsibilities to maintain a record of the location of each lock box and liabilities should boxes be lost or otherwise unaccounted for. Such liability is established at current cost of lock boxes plus shipping and handling, however, the MLS reserves the right to adjust this amount in accordance with cost adjustments by the supplier. Initial distribution will be in an amount equal to all of each office's Elkhart County and St. Joseph County (IN) active and pending residential, residential lease, farm, income, business/commercial/industrial, and business/commercial/industrial lease plus 15% or maximum of 10 excess, with a minimum of two boxes per office. After initial distribution, lock boxes in stock will be issued by written request made by the Participant accompanied by documentation that all boxes currently issued to that office are being used. The documentation must show the serial number and location of each box. Lock boxes will be available on a loan basis to Participants. The staff reserves the right to limit the number of lock boxes issued, taking into consideration lock boxes already issued to an office, number of active, pending, qualified listings, and availability of lock boxes in stock. The board reserves the right to request the return of lock boxes not in use. The MLS will charge the Participant for each lock box not returned twenty days after an audit. The MLS may charge a cleaning fee of $5 per lock box if cleaning and shackle code is needed when lock boxes are returned to the MLS office. (Amended 12/98)

SECTION 7.2 RECORDS: The MLS shall maintain records as to all entry cards in inventory and all entry cards that have been issued. The entry cards that have been issued shall have the following information recorded: Date entry card issued, entry card number, pin number, person to whom the entry card was issued, and date entry card was returned. (Amended 6/03)

SECTION 7.3 LOSS OF ENTRY CARD: If an entry card is lost, stolen or otherwise unaccounted for, the following procedures shall be followed before a new entry card will be issued:

a. The entry cardholder shall sign a notarized statement certifying the circumstances under which the entry card was lost, stolen or misplaced. This statement shall be presented to the MLS and a report made to the proper police authorities. The annual lease fee on the missing entry card will be forfeited. A new annual lease fee and administration fee will be required along with a new lease agreement for the replacement entry card. (Amended 6/03)

SECTION 7.4 ANNUAL AUDIT: At least annually, the MLS shall audit all entry cards that are issued to authorized persons and those in inventory. If there is evidence of any serious compromise of security or at the Board of Directors discretion, there shall be a change of entry cards for the entire system. (Amended 9/96)

SECTION 7.5 UNAUTHORIZED ENTRY: Cooperating brokers and sales licensees, whether functioning as agents of potential purchasers or not, must contact the listing broker to disclose their agency status and to arrange appointments to show listed property even if the property has a lock box affixed to it, unless the listing broker has given specific permission (through information published in the MLS or otherwise) to show the property without first contacting the listing broker. In the event of an unauthorized entry, the listing agent may file a complaint with the MLS against the cooperating agent. The procedure is as follows: (Amended 7/99)

First Complaint - Warning

1. Complaint must be received by the MLS office within seven days of the unauthorized lock box entry date in question.

2. Documentation (complaint in writing plus lock box read-out) must be received from the listing agent.

3. Letter from board office sent to the showing agent and their Principal Broker.

4. Showing agent may choose to respond in person or by letter to the Board of Directors at their next scheduled meeting to request the warning be waived.

5. If the showing agent chooses to respond, the listing agent may also appear in front of the Board of Directors at their next scheduled meeting or may let the documentation provided stand alone.

6. Warning letter sent to showing agent or warning dismissed. Documentation put in showing agents file.

Second Complaint - Fine

1. Complaint must be received by the MLS office within seven days of the unauthorized lock box entry date in question.

2. Documentation (complaint in writing plus lock box read-out) must be received from the listing agent.

3. Letter from board office sent to the showing agent and their Principal Broker.

4. Showing agent may choose to respond in person or by letter to the Board of Directors at their next scheduled meeting to request the fine be waived or pay the fine.

5. If the showing agent chooses to respond, the listing agent may also appear in front of the Board of Directors at their next scheduled meeting or may let the documentation provided stand alone.

6. $50 fine levied in showing agents name on next MLS office billing statement or fine dismissed. Documentation put in showing agents file.

Third Complaint - Fine

1. Complaint must be received by the MLS office within seven days of the unauthorized lock box entry date in question.

2. Documentation (complaint in writing plus lock box read-out) must be received from the listing agent.

3. Letter from board office sent to the showing agent and their Principal Broker.

4. Showing agent may choose to respond in person or by letter to the Board of Directors at their next scheduled meeting to request the fine be waived or pay the fine.

5. If the showing agent chooses to respond, the listing agent may also appear in front of the Board of Directors at their next scheduled meeting or may let the documentation provided stand alone.

6. $100 fine levied in showing agents name on next MLS office billing statement or fine dismissed. Documentation put in showing agents file.

Fourth Complaint - Keypad privileges revoked

1. Complaint must be received by the MLS office within seven days of the unauthorized lock box entry date in question.

2. Documentation (complaint in writing plus lock box read-out) must be received from the listing agent.

3. Letter from board office sent to the showing agent and their Principal Broker.

4. Showing agent may choose to respond in person or by letter to the Board of Directors at their next scheduled meeting to request the revoking of entry card privileges be waived or lose entry card privileges.

5. If the showing agent chooses to respond, the listing agent may also appear in front of the Board of Directors at their next scheduled meeting or may let the documentation provided stand alone.

6. Entry card privileges revoked/user fee and deposit forfeited or complaint dismissed. Documentation put in showing agents file.

SECTION 7.6 OWNERS AUTHORIZATION: The listing broker, prior to placing a lock box on a property, must obtain written authorization from the property owner to place a lock box on his/her property. Nothing shall prevent the owner's right to refuse to have a lock box on his/her property. (Amended 5/97)

COMPLIANCE WITH RULES

 SECTION 8 COMPLIANCE WITH RULES: The following action may be taken for non compliance with the rules:

a. For failure to pay any service charge or fee, the provisions in Section 6.1 shall apply.

b. For failure to comply with any other rule, the provisions of Section 10 and 10.1 shall apply.

SECTION 8.1 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 & 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 & Regulations. Further, failure of any user or subscriber to abide by the Rules and or 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.

SECTION 9 MEETINGS: The meetings of the Participants of the Service or the Board of Directors of the Service for transaction of business of the Service, shall be held in accordance with the provisions of Article 7, Bylaws of the Service.

ENFORCEMENT OF RULES AND DISPUTES

SECTION 10 CONSIDERATION OF ALLEGED VIOLATIONS: The Board of Directors shall give consideration to all written complaints having to do with a violation of the Rules and Regulations.

SECTION 10.1 VIOLATIONS OF RULES & REGULATIONS: If the alleged offense is a violation of the Rules & Regulations of the Service and does not involve a charge of alleged unethical conduct or request for arbitration, it may be administratively considered and determined by the Board of Directors of the Service and, if a violation is determined, the Board of Directors may direct the imposition of sanction, provided the recipient of such sanction may request a hearing before the Professional Standards Committee of the Board in accordance with the By-laws and Rules & Regulations of the Board of REALTORS ® within twenty (20) days following receipt of the Directors' decision. If the Board of Directors of the Service has a procedure established to conduct hearings, any appeal of the decision of the Board of Directors of the Service may be appealed within twenty (20) days of the tribunal's decision being rendered to the Board of Directors of the Board. (Amended 5/97)

SECTION 10.2 COMPLAINTS OF UNETHICAL CONDUCT: All other complaints on unethical conduct shall be referred by the Board of Directors of the Service to the Board of REALTORS ® â for appropriate action in accordance with the usual procedure under terms of the Bylaws.

CONFIDENTIALITY OF MLS INFORMATION

SECTION 11 CONFIDENTIALITY OF MLS INFORMATION: Any information provided by the Multiple Listing Service to the Participants shall be considered official information of the Service. Such information shall be considered confidential and exclusively for the use of Participants in the sale of property filed with the Service and real estate licensees affiliated with such Participants, or those individuals who are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property. (Amended 7/99)

SECTION 11.1 MLS NOT RESPONSIBLE FOR ACCURACY OF INFORMATION: The information published and disseminated by the Service is communicated verbatim, without change by the Service, as filed with the Service by the Participants. The Service does not verify the information provided and disclaims any responsibility for its accuracy. Each Participant agrees to hold the Service harmless against any liability arising from any inaccuracy or inadequacy of the information such Participant provides.

SECTION 11.2 ACCESS TO COMPARABLE AND STATISTICAL INFORMATION: Board members who are actively engaged in real estate brokerage, management, mortgage financing, appraising, land development or building, but who do not participate in the MLS, are nonetheless entitled to receive, by purchase or lease, all information other than current listings information that is generated wholly or in part by the MLS

including "comparable" information "sold" information, and statistical reports. This information is provided for the exclusive use of Board Members and individuals affiliated with Board Members who are also engaged in the real estate business and may not be transmitted, retransmitted or provided in any manner to any unauthorized individual, office or firm except as otherwise provided in these Rules and Regulations.

OWNERSHIP OF MLS COMPILATIONS AND COPYRIGHTS

SECTION 12 By the act of submission of any property listing data to the Board MLS, the Participant represents that he has been authorized to grant and also thereby does grant authority for the Board to include the property listings data in its copyrighted MLS compilation and also in any statistical report on "Comparables".

SECTION 12.1 All right, title, and interest in each copy of every Multiple Listing compilation created and copyrighted by the Elkhart County Board of REALTORS ®, and in the copyrights therein, shall at all times remain vested in the Elkhart County Board of REALTORS ®.

SECTION 12.2 Each Participant shall be entitled to lease from the Elkhart County Board of REALTORS ® a number of copies of each MLS compilation sufficient to provide the Participant and each person affiliated as a licensee with such Participant with one copy of such compilation. The Participant shall pay for each copy the rental fee set by the Board.

Participant shall acquire by such lease only the right to use the MLS compilations in accordance with these rules.

*The term MLS Compilation, as used in Sections 12 and 13 herein, shall be construed to include any format in which property listing data is collected and disseminated to the Participants, including, buy not limited to, bound book loose-leaf binder, computer database, card file, or any other format whatever. (Adopted 12/96)

USE OF COPYRIGHTED MLS COMPILATIONS

SECTION 13 DISTRIBUTION: Participants shall at all times maintain control over and responsibility for each copy of any MLS compilation leased to them by the Board of REALTORS ®, and shall not distribute any such copies to persons other than subscribers who are affiliated with such Participants as licensees, those individuals who are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, and any other subscriber as authorized pursuant to the governing documents of the MLS. Use of information developed by or published by a Board MLS 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 MLS where access to such information is prohibited by law. (Amended 4/93)

SECTION 13.1 DISPLAY: Participants, and those persons affiliated as licensees with such Participants, shall be permitted to display the MLS Compilation to prospective purchasers only in conjunction with their ordinary business activities of attempting to locate ready, willing, and able buyers for the properties described in said MLS Compilation.

SECTION 13.2 REPRODUCTION: Participants or their affiliated licensees shall not reproduce any MLS Compilation or any portion thereof except in the following limited circumstances:

Participants or their affiliated licensees may reproduce from the MLS Compilation, and distribute to prospective purchasers, a reasonable* number of single copies of property listing data contained in the MLS Compilation which relate to any properties in which the prospective purchasers are, or may, in the judgment of the Participants or their affiliated licensees, be interested.

Nothing contained herein shall be construed to preclude any Participant from utilizing, displaying, distributing, or reproducing property listing sheets or other compilations of data pertaining exclusively to properties currently listed for sale with the Participant.

Any MLS information, whether provided in written or printed form, provided electronically, or provided in any other form or format, is provided for the exclusive use of the Participant and those licensees affiliated with the Participant who are authorized to have access to such information. Such information may not be transmitted, retransmitted or provided in any manner to any unauthorized individual, office or firm.

None of the foregoing shall be construed to prevent any individual legitimately in possession of current listing information, "sold" information, "comparables", or statistical information from utilizing such information to support an estimate of value on a particular property for a particular client.

However, only such information that a Board or Board-owned Multiple Listing Service has deemed to be nonconfidential and necessary to support the estimate of value may be reproduced and attached to the report as supporting documentation. Any other use of such information is unauthorized and prohibited by these Rules and Regulations.

*It is intended that the Participant be permitted to provide prospective purchasers with listing data relating to properties which the prospective purchaser has a bona fide interest in purchasing or in which the Participant is seeking to promote interest. The term "reasonable" as used herein, should therefore be construed to permit only limited reproduction of property listing data intended to facilitate the prospective purchasers' decision-making process in the consideration of a purchase. Factors which shall be considered in deciding whether the reproductions made are consistent with this intent, and thus "reasonable" in number shall include, but are not limited to, the total number of listings in the MLS Compilation, how closely the types of properties contained in such listings accord with the prospective purchaser's expressed desires and ability to purchase, whether the reproductions were made on a selective basis, and whether the type of properties contained in the property listing data is consistent with a normal itinerary of properties which would be shown to the prospective purchaser.

USE OF MLS INFORMATION

SECTION 14 LIMITATIONS ON USE OF MLS INFORMATION: Use of the MLS information from the MLS compilation of current listing information, from the Board's "Statistical Report", or from any "sold" or "comparable" report of the Board or MLS for public mass-media advertising by an MLS Participant or in other public representations may not be prohibited.

However, any advertisement or other forms of public representations based in whole or in part on information supplied by the Board or its MLS, must clearly demonstrate the period of time over which such claims are based and must include the following notice:

"Based on information from the Multiple Listing Service of Elkhart County for the period (date) through (date)." (Adopted 12/96)

*NOTE: This representation is based in whole or in part on data supplied by the Elkhart County Board of REALTORS ® or its Multiple Listing Service. Neither the Board nor its MLS guarantee or is in any way responsible for its accuracy. Data maintained by the Board or its MLS may not reflect all real estate activity in the Market."

CHANGES IN RULES AND REGULATIONS

SECTION 15 CHANGES IN RULES AND REGULATIONS: Amendments to the Rules and Regulations of the Service shall be by consideration and approval of the Board of Directors of the Multiple Listing Service, in accordance with the provisions of Article 10, Section B of the By-Laws of the Service, subject to the final approval by the Board of Directors of the Elkhart County Board of REALTORS ®.

SECTION 16 PENALTIES & FINES FOR VIOLATION OF MLS RULES & REGULATIONS:

a. Failure to report listings ($25.00) Section 1

b. Failure to report Change of Status ($25.00) Section 1.4

c. Failure to report Pending and/or Closed Sale ($25.00)

Section 2.5

d. Incomplete Listing ($25.00) Section 1.2

SECTION 17 MLS OF ELKHART COUNTY, INC. BROKER RECIPROCITY

17 .1 Definitions

Broker Reciprocity: a means by which each MLS Participant subscribing to the program (the “Broker Reciprocity Subscriber” or “BRS”) permits the display of its active listings appearing in MLS on each other’s “BRS”, Internet web site.

Broker Reciprocity Database – the current aggregate compilation of all active exclusive right to sell listings of all Broker Reciprocity Subscribers except those listings where the Participant has opted out.

ECMLS – this stands for the MLS of Elkhart County, Inc.

17.2. Authorization: Participants consent for display of their active 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 on a listing-by-listing basis). If a Participant refuses on a blanket basis to permit the display of Participant’s listing, that Participant may not download or frame the aggregated MLS data of other Participants.

A Principal Broker may grant permission for a member licensee to participate in the Broker Reciprocity program by linking to BRS information hosted on a corporate site or through the MLS. The MLS will not be responsible for monitoring member licensee sites but will pursue complaints of Broker Reciprocity agent website violations filed by Participants. MLS maintains the right to discontinue the data feed to the corporate site within five days if agent site is found to be in violation of the Broker Reciprocity rules and regulations.

17.3 Display: A BRS may republish all or a portion of the Broker Reciprocity Database on the Internet in accordance with the following provisions and in keeping with any policies that ECMLS may adopt from time to time.

You may choose to display only listings in a particular price range, geographical area, or property type. You may also choose not to display listings of certain competitors. If you plan to display only a subset of the BR database, you shall have one of the following disclosures on your web site that explains the situation to consumers:

“(Your firm name) does not display the entire ECMLS Broker Reciprocity database on this web site.” And if applicable, the following statement: “The listings of some real estate brokerage firms have been excluded.”

 Unless expressly contravened by the provisions of this section, all other rules and regulations remain in full force and effect.

a. An Internet republication of another BRS’s listing shall not contain more (but may contain less) information than is authorized to be displayed by ECMLS’s policy governing the display of the BR data. You may display any information relating to your own listings.

b. In order to be a BRS, an MLS Participant must be actively engaged in providing real estate brokerage services to sellers and/or buyers in real estate transactions.

c. requires you to display on your web site the last update date. (i.e. Data last updated: xx/xx/xx). BRS sites must be refreshed at least once every seven days. However, ECMLS strongly encourages BRSs to update the data daily.

d. A BRS may not modify the actual data relating to another BRS’s listing. A computer generated written description of the listing using the actual data from the BRS’s listing is permissible. For your own listings, you can do anything you want to as long as it is in compliance with applicable laws and Code of Ethics. If you are displaying other data that is tied to another BRS’s listing, you should make efforts to distinguish the data you have supplied from the data from the BR Database. Separating the data on the screen and/or including a credit on the non-BR data would be a good method to handle the distinction.

e. The ECMLS approved icon (See Appendix I) and an explanation of the data source must appear on the first page where any listing data is displayed. The following disclosure verbiage or its equivalent will satisfy this requirement:

The properties on this web site come in part from the Broker Reciprocity program of the MLS of Elkhart County, Inc.

 f. Any search result identifying another BRS’s listing in a brief or “thumbnail” format shall bear the ECMLS approved icon or the ECMLS approved thumbnail icon immediately adjacent to the property information to identify the listing as an MLS listing. A brief or thumbnail display is defined as being no more than 120 characters of listing data or text and/or an image of no more than 100 pixels high. The ECMLS approved icon shall be at least 35 pixels by 35 pixels. A thumbnail display of another BRS’s listing may not include any contact information or branding of the BRS who owns the web site or any of its agents. A thumbnail display may only include the following: text data about the listing property, an image of the listed property, the logo of the listing broker or ECMLS approved icon, and “buttons” or hot links for a detailed listing display. The following disclaimer shall be prominently displayed at the top of the output page to define where the MLS information begins. The display will be between the MLS BR information and any agent/agency branding information. The disclaimer will say: “ Property Information provided by the MLS of Elkhart County, Inc.”

The provisions relating to “contact information or branding” is designed to prevent the web-site-owning BRS’s contact information, contact links, and branding, and that of its agents from appearing on other BRS’s listings. “Branding” refers to any mark or language referring to the web-site-owning BRS repeated in the thumbnail display of another BRS’s listing. Any association of such information or branding with the listing data is a violation of this rule.

g. A search result producing a detailed display shall have prominently located at the top of the page a disclaimer indicating “Property Information Provided by the MLS of Elkhart County, Inc.”. The display will define the where the MLS output begins and will be placed between the MLS BR information and any agent or agency branding information. Any search result producing a detailed listing of another’s BRS’s listing shall bear that BRS’s office name, office telephone number, the ECMLS approved icon, and the ECMLS’s copyright notice immediately following the property information. The copyright notice shall be at least a 10-point font size and appear exactly as follows: Copyright nnnn MLS of Elkhart County, Inc. All rights reserved. “Where nnnn is the current year.” The copyright symbol can be used in place of the word “copyright” MLS interprets any display containing more than 120 characters of listing data text and/or an image of more than 100 pixels high as being a detailed display.

The BRS’s name shall be at least as large as the largest type size used to display the listing data. A detailed display BRS’s listing may not include any contact information, links to, or branding of the MLS Participant who owns the web site or any of it’s agents within the “body” of the listing data. The “body” is defined as the rectangular space whose borders are delimited by the utmost extent in each direction of the listing text and photo data. The prohibition on branding or contact information within the “body” of the listing data is intended to prevent any possible confusion on the part of the consumer as to the source of the listing.

h. Any result identifying another BRS’s listing shall include the disclaimer “Information Deemed Reliable But Not Guaranteed.” This disclaimer shall be at least a 10-point font size. You may want to display this disclaimer on your own listings as well, unless advised otherwise by your own legal counsel.

i. Any Internet web site used for publication of the Broker Reciprocity Database or any portion thereof must be controlled by a Broker Reciprocity Subscriber and advertised as that BRS’s Internet web site. In order to participate in Broker Reciprocity, a site must be marketed and branded or co-branded as a broker’s site.

j. A BRS displaying the Broker Reciprocity Database or any portion thereof shall make reasonable efforts to avoid “scraping” of the data by third parties or displaying of that data on any other web site. Reasonable efforts shall include but not be limited to:

• Monitoring the web site for signs that a third party is “scraping” data and
• Prominently posting notice that any use of search facilities of data on the site, other than by a consumer looking to purchase real estate, is prohibited. If a BRS suspects “scraping” of the data has occurred, the suspicion and any evidence must be reported to the MLS immediately for investigation and action.

k. A BRS must make changes to an Internet site necessary to cure a violation of the MLS’s Rules and Regulations within five business days of notice from the MLS of the violation. MLS reserves the right to discontinue the data feed you receive without further notice if you do not comply with this requirement. You may also be subject to fines from the MLS.

l. No portion of the Broker Reciprocity Database shall be used or provided to a third party for any purpose other than those expressly provided for in the MLS Rules and Regulations. This section expressly prohibits distribution of the BR Database or any portion of it for any purpose other than those expressly permitted by the MLS Rules and Regulations. This includes distribution to other BRS’s. In other words, a brokerage firm cannot sell access to the Broker Reciprocity Data to other brokers or any other businesses, whether or not they are Participants in MLS.

m. No portion of the Broker Reciprocity Database shall be co-mingled with any non-MLS listings on the BRS’s Internet web site. If you take listings from consumers but do not put them into the MLS system, they cannot appear on any thumbnail display or as part of any search results with BR Database data. If the property in question appears in any other MLS, then the property may be co-mingled.

n. Any BRS using a third party to develop and/or design its web site shall have a written agreement with that third party in the form prescribed by the MLS. MLS requires that third parties gaining access to the BR Database sign the standard contract as approved by the MLS. Providing an MLS password to an unauthorized recipient is a serious violation of the MLS Rules and Regulations punishable by a fine as established by the MLS for each such violation.

 17. 4 – Fees – Service fees and charges for participation in Broker Reciprocity shall be as established annually by the Board of Directors.

 RULES AND REGULATION

Of The

MULTIPLE LISTING SERVICE, INC.

Of The

ELKHART COUNTY BOARD OF REALTORS ®, INC.

  Adopted January 13, 1989

Revised June 2003

To Site Menu

© This page designed by Digital Dezines
All Rights Reserved