Rules & Regs 12 Prohibitions And Requirements Part 2

“Reproduction” shall include, but not be limited to, making photocopies, computer printouts, electronic transfers (including email), or downloading of MLS data or compilations. Participants and subscribers or their affiliated licensees shall not reproduce any MLS compilation or any portion thereof except as provided in Section 12.16, 12.20 and in the following limited circumstances:

Broker participants and real estate subscribers may reproduce from the MLS compilation, and distribute to prospective real estate purchasers, copies of those portions of the MLS compilation consisting only of a description of the property, including the address, features, financing and price.

Such “client copies” shall also comply with the following:

      a. Permissible MLS data may be augmented with additional data not otherwise prohibited from display, provided the source of any additional data is clearly identified.

      b. All listings provided shall identify the name of the listing firm and the listing broker or agent in a readily visible color, in a reasonably prominent location, and in typeface not smaller than the median typeface used in the display of listing data.

      c. No more than 500 current listings and 500 sold listings may be provided in response to any inquiry.

      d. A disclaimer statement shall be made, in a manner readily visible to consumers but not less than 7 pt type, that contains the following, or substantially similar, notice:

Based on information from the MLSListings MLS as of _____ (date the MLS data was obtained). All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information.

For violation of this section, see Appendix A, Citable Infractions, 1.2, Misuse of MLS Information.

Unless the participant or subscriber obtains prior written consent from the listing broker, the information reproduced pursuant to this section shall not include the following:

a. Property owner’s name, phone number, and address (if different than the listed property);
b. Instructions or remarks intended for buyer brokers, including but not limited to showing instructions or security references (ex: lock box, burglar alarm or security system, vacancies) regarding the listed property:
c. Type of listing;
d. Other confidential fields.
e. Canceled, Expired or Withdrawn listings.

For violation of this section, see Appendix A, Citable Infractions, 1.2, Misuse of MLS Information.

Participants and subscribers may reproduce from the MLS compilation, and attach to an appraisal as supporting documentation copies of those portions of the MLS compilation consisting only of such information on properties necessary to support a written appraisal or estimate of value on a particular property.

12.15.4 Compilation Downloading

Download of MLS information is subject to the following:

a.   Participants and subscribers may download MLS information, from the MLS user interface(s) or MLS provided applications, into a computer or computer system as long as:

1)   Access to the computer or computer system receiving the information is strictly limited to authorized participants, subscribers and clerical users as defined in these rules; and

2)   The information is only retransmitted to the participants, subscribers and clerical users authorized to access the computer or computer system by these rules; and

3)   The information is not reformatted or used to create another product except as may be used by the participant or subscriber who downloaded the data and such use strictly complies with sections 12.7, 12.11, 12.15, 12.16 and 12.20.

b.   Broker Participants may download the compilation by alternate means, as made available by the service, subject to an executed license agreement and payment of any associated fees.

c.   Downloading listing data from MLS applications is not permitted for purposes of creating websites, automated evaluations, statistics, or other products or services. These activities require a data license and access to bulk MLS Content ONLY through specified channels.

For violation of this section, see Appendix A, Citable Infractions, 1.2, Misuse of MLS Information.

12.15.5 Sold Information

Individuals legitimately in possession of current listing information, “sold” information, “comparables” or statistical information may utilize such information to support valuations on particular properties for clients and customers. Any MLS content in data feeds available to Participants for real estate brokerage purposes must also be available to Participants for valuation purposes, including automated valuations. MLSs must either permit use of existing data feeds or create a separate data feed to satisfy this requirement. MLSs may require Participants who will use such data feeds to pay the reasonably estimated costs incurred by the MLS in adding or enhancing its downloading capacity for this purpose. Information deemed confidential may not be used as supporting documentation. Any other use of current listing information “sold” information, “comparables” or statistical information is unauthorized and prohibited by these rules and regulations.

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