List Of Rules Changes for Members Only
New language in red, removed language in strikeout
7.2.3 Scope of Service; MLS Members Only Listings
MLS Members Only listings are listings whereby the listing broker, pursuant to the seller’s instructions, prefers limited exposure and distribution of their Active listing and these characteristics apply:
- Members Only is not a listing status but a listing characteristic and type.
- All MLS rules, except where noted in these rules, apply to Members Only listings.
- The listing status is Active but listing agents may select “Do Not Show” for listings not ready to market to potential buyers. For this purpose, “show” means any in-person or virtual inspection, preview or tour by any potential buyer to evaluate the property for purchase or lease.
- Members Only listings are currently not included in IDX/Internet data feeds.
- Sellers may direct brokers to not present offers while indicated as Members Only-Do Not Show listings and offers may not be solicited in any advertising or promotion. However, offers must otherwise be presented as required by law.
- Listings in Members Only-Do Not Show and Members Only are considered on the MLS and property information may be exchanged between brokerages.
- Members-Only Do Not Show listings may not be communicated or advertised For Sale as defined in section 7.5. Advertising or promotion for Members Only-Do Not Show, including yard signs, must be clearly identified as Coming Soon.
- Listings in Members Only – “Show” may be advertised or promoted as permitted by these rules.
- Listings in Members Only-Do Not Show may remain in the category for the term of the listing agreement.
Members Only-Do Not Show listings indicate that the listing brokerage and the seller are preparing the property for sale before marketing in the live Active status.
Members Only-Do Not Show is not intended to give the listing brokerage an advantage in finding a buyer to the exclusion of cooperating brokers, nor is it intended to circumvent the sale of the property on an open market. Properties in Members Only-Do Not Show category may not be shown per the instructions of the seller. Any showing of a property in Members Only-Do Not Show disqualifies the property from the category and is an MLS violation.
Said MLS Members Only listings will be identified with an appropriate indicator in MLS compilations so potential buyer brokers will be aware of the extent of the distribution of the listing as well as showing information prior to initiating efforts to show or sell the property
For violation of this section, see Appendix A, Citable Infractions, 2.1 Advertising, 4.1 / 4.2 Remarks, 5.1.4 Showings and Access
7.2.34 Scope of Service; Legal Obligations (numbering change only)
7.11.2 Listing Photograph Requirements
All listings that are entered into the MLS for sale or lease must include a property photograph within 1 day after entry. Listings submitted as Members Only-Do Not Show do not have a photo requirement. Properties with existing buildings must include a photograph of the front of the building. Images may not be text only. Listings that will not have a property photo must have an MLS-provided “Seller Prefers No Photo” image published on the listing within the required time and must have written authorization from the seller to exclude a primary image, and that certification must be provided to the service upon request. On new construction, a realistic artistic rendering of the intended appearance of the front of the building will suffice until the building is completed, at which time an appropriate photograph must be submitted.
For violation of this section, see Appendix A, Citable Infractions, 3.1, Submission of Listings That Do Not Satisfy the Requirements of the MLS Rules.
9.1.1 Showing Access
Upon entry, listings must be available to show within 3 days except for listings submitted as Members Only-Do Not Show. Listings that specify “make offer subject to inspection” must be tenant occupied or present a safety or security issue, which shall be noted in the confidential remarks. Listings which the seller does not want to show subsequently must be temporarily withdrawn.
For violation of this section, see Appendix A, Citable Infractions, 5.1, Showings and Access.
12.5.1 Public Remarks Restrictions and Requirements
a. Information in the public remarks shall only relate to the property’s attributes*, description and condition of the property.
b. No contact information is permitted, including names, phone or fax numbers, email addresses or website addresses (including virtual tours and transaction tracking URLs) or calling instructions.
c. No showing instructions are permitted, including references to lockbox, alarm, gate or other security codes, or the vacancy of the property. However, a statement that the property shall be delivered vacant is not a violation.
d. No information directed toward real estate agents or brokers, including compensation or bonuses offered to buyer brokers may be shown in public remarks.
e. Members Only-Do Not Show listings may not contain language that solicits (asks for) offers or showings or otherwise use language to attract an active buyer e.g. “seller will review pre-emptive offers”, “make offer subject to…”, “call agent for private appointment”.
* qualities, features or characteristics of the property
12.5.2 Confidential Remarks Restrictions and Requirements
a. “For Comp Purposes Only” must appear in the first line of confidential remarks when a listing is entered for that purpose.
b. References to burglar alarm, security system or gate codes may be placed in confidential remarks only with seller’s written permission.
c. Caution: Title or escrow information may be entered in confidential remarks; however, participants/subscribers should note that any verbiage which implies a requirement to use a specific title company or escrow service may be a violation of RESPA. You are advised to seek legal counsel for specific advice when using such verbiage.
d. Except for reciprocal listings, no reference may be made to licensees who are not participants or subscribers.
e. Members Only-Do Not Show listings may not contain language that solicits (asks for) offers or showings or otherwise use language to attract an active buyer e.g. “seller will review pre-emptive offers”, “make offer subject to…”, “call agent for private appointment”.
12.16 Use of Listing Information on Internet.
a. Authorization. Subject to paragraphs (b) through (s) below, and notwithstanding anything in these rules and regulations to the contrary, Broker Participants and Real Estate Subscribers may electronically display aggregated MLS Active, Contingent, Pending and Sold listing information through either downloading or by framing such information on the MLS or association public access website (if such a site is available) except for listings designated as Members Only and Members Only-Do Not Show. Listings designated as Members Only or Members Only-Do Not Show may not be displayed in any manner.The MLS’s download will include of publicly accessible sold listing data starting from January 1, 2012. “Publicly accessible” sold information as used in the IDX policy and rules means data that is available electronically or in hard copy to the public from city, county, state and other government records.
e. Listing Attribution. Listings with the status of Active (except listings designated
as Members Only) Contingent, Pending or Sold may be displayed, and the statuses must be
clearly identified to the viewer. All IDX listing displays shall identify the name of the
listing firm and the name of the listing agent in a manner designed to easily identify such
listing firm or agent. Such identification shall be in a reasonably prominent location and
provide clear, conspicuous written or verbal identification of the name of the listing firm
and listing agent. Displays of minimum information (e.g. a one-line or thumbnail search
result, text messages, “tweets”, etc. of two hundred (200) characters or less) are exempt
from this requirement but only when linked directly to a display that includes all required
disclosures. Audio delivery of listing content is exempt from this disclosure requirement
only when all required disclosures are subsequently delivered electronically to the
registered consumer performing the property search or linked to through the device's
application.