A recent change to the MLS Rules is now in place. This is extremely important so we are posting it on the BCAR web site, the MLS web site, the weekly newsletter and will email a notice to each user. Don’t read this later, read it now! If you need an incentive to review this post then start with the bottom, where the new dollar amounts of violations is located.

SECTION 9: ENFORCEMENT OF RULES OR DISPUTES

SECTION 9.0 –  CONSIDERATION OF ALLEGED VIOLATIONS: The Committee shall give consideration to all written complaints having to do with violations of the rules and regulations. (Amended 2/98)

SECTION 9.1 – VIOLATIONS OF RULES AND REGULATIONS: If the alleged offense is a violation of the rules and 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 multiple listing service committee, and if a violation is determined, the committee may direct the imposition of sanction provided that the recipient of such sanction may request a hearing by the Professional Standards Committee of the Association in accordance with the bylaws  and rules and regulations of the Association of REALTORS® within twenty (20) days following receipt of the committee’s decision. (Amended 11/96)

If, rather than conducting an administrative review, the MLS Committee has a procedure established to conduct hearings, the decision of the MLS Committee may be appealed to the Board of Directors of the Association of REALTORS® within twenty (20) days of the tribunal’s decision being rendered.  Alleged violations of Section 16 of the rules and regulations shall be referred to the Association’s Grievance Committee for processing in accordance with the professional standards procedures of the Association, except that if the charge alleges a refusal to arbitrate, such charge shall be referred directly to the Board of Directors of the Association. (Amended 2/98)

PROGRESSIVE MLS FINING POLICY AS FOLLOWS:

1)        All MLS participants(broker and agent) will be provided an email warning for each rule’s first violation offense within a 12 month rolling time period and will have 2 business days in which to correct the violation without incurring a fine.  The only exception are listings that are submitted with the placement of names, phone numbers, email addresses, web addresses i.e., all contact information that is placed in public remarks, photos, visual tours and videos. (No warning email sent, manually generated fine letter of $100 per MLS number).

• A violation is not considered corrected until written proof of correction is sent to and received by the sender of the notifications whether that is the MLS Chairperson or an Association employee.

2)        All MLS participants that violate the same MLS rule more than once within a 12 month rolling time period or fail to correct the first notice for each MLS rule violation within 2 business days will be fined accordingly.

3)       Access violation- Violations of rules involving unauthorized access to the Service shall be subject to an automatic $1000 fine.

4)       Violations of MLS Rule:

• 1^st Offense – Email Warning with the Exception of Violation of Public Remarks
  • Reference Section 9.1, Note 1
• 2^nd Offense – $150
• 3^rd Offense – $250 and letter of warning
• 4^th Offense – $500 and mandatory attendance at MLS Orientation

SECTION 9.2 — Complaints of Unethical Conduct: Any information of unethical conduct shall be referred by the Committee to the Secretary of the Association of REALTORS® for appropriate action in accordance with the professional standards procedures established in the Association’s bylaws. (Amended 11/88)