Rules & Regs 7 Listing Procedures Part 1

  View Full MLSListings Rules & Regulations

7.          LISTING PROCEDURES

7.1        Listings Subject to Rules and Regulations of the Service

Any listing filed with the Service is subject to the rules and regulations of the Service.

7.2        Types of Listings; Responsibility for Classification

The Service shall accept exclusive right to sell, seller reserved, open, and probate listings in Accordance with California -Business and Professions Code Sections 10018.14 through 10018.17 and Probate Code Section 10150 inclusive Civil Code Section 1086 et seq. that satisfy the requirements of these MLS rules. Exclusive right to sell listings that contain any exceptions whereby the owner need not pay a commission if the property is sold to particular individuals shall be classified for purposes of these rules as an exclusive right to sell listing, but the listing broker shall notify all participants of the exceptions. It shall be the responsibility of the broker participant and real estate subscriber to properly classify the type of listing, and if necessary, obtain a legal opinion to determine the correct classification. By classifying the type of the listing, the listing broker certifies that the listing falls under the legal classification designated. The MLS shall have no affirmative responsibility to verify the listing type of any listing filed with the service. However, the MLS shall have the right to have legal counsel make a determination as to the classification of the listing type and if the listing broker does not reclassify it accordingly, the MLS shall have the right to reject or remove any such listing that it determines falsely represents the classification of listing type.

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

7.2.1    Scope of Service; Limited Service Listings.

Limited Service listings are listings whereby the listing broker, pursuant to the listing agreement, will not provide one or more of the following services:

a. provide buyer brokers with any additional information regarding the property not already displayed in the MLS but instead gives buyer brokers authority to contact the seller(s) directly for further information;

b. accept and present to the seller(s) offers to purchase procured by buyer brokers but instead gives buyer brokers authority to present offers to purchase directly to the seller(s);

c. advise the seller(s) as to the merits of offers to purchase;

d. assist the seller(s) in developing, communicating, or presenting counter-offers; or e. participate on the seller(s)’ behalf in negotiations leading to the sale of the listed property.

Said Limited Service listings will be identified with an appropriate code or symbol (e.g. “LS”) in MLS compilations so potential buyer brokers will be aware of the extent of the services the listing broker will provide to the seller(s), and any potential for buyer brokers being asked to provide some or all of these services to listing broker’s clients, prior to initiating efforts to show or sell the property.

7.2.2    Scope of Service; MLS Entry-Only Listings

MLS Entry-Only listings are listings whereby the listing broker, pursuant to the listing agreement, will not provide any of the following services:

a. provide buyer brokers with any additional information regarding the property not already displayed in the MLS but instead gives buyer brokers authority to contact the seller(s) directly for further information;

b. accept and present to the seller(s) offers to purchase procured by buyer brokers but instead gives buyer brokers authority to present offers to purchase directly to the seller(s);

c. advise the seller(s) as to the merits of offers to purchase;

d. assist the seller(s) in developing, communicating, or presenting counter-offers; or

e. participate on the seller(s)’ behalf in negotiations leading to the sale of the listed property.

Said MLS Entry-Only listings will be identified with an appropriate code or symbol (e.g. “EO”) in MLS compilations so potential buyer brokers will be aware of the extent of the services the listing broker will provide to the seller(s), and any potential for buyer brokers being asked to provide some or all of these services to listing broker’s clients, prior to initiating efforts to show or sell the property.

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:

a. Members Only is not a listing status but a listing characteristic and type.

b. All MLS rules, except where noted in these rules, apply to Members Only listings.

c. 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.

d. Members Only listings are not included in IDX data feeds.

e. 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.

f. Listings in Members Only-Do Not Show and Members Only are considered on the MLS and property information may be exchanged between brokerages.

g. 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.

h. Listings in Members Only – “Show” may be advertised or promoted as permitted by these rules.

i. 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 before marketing as being for sale. 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 listing distribution 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

7.2.4    Scope of Service; Legal Obligations

The scope-of-service classifications set forth in these rules do not alter any obligations otherwise imposed on real estate licensees under California law, including Department of Real Estate regulations, statutory law and common law. The MLS’s acceptance or publication of listings eligible for MLS submission in no way constitutes a validation that said obligations have been met.

7.3        Types of Properties; Responsibility for Classification

The MLS shall accept listings that satisfy the requirements of these rules on the following types of property: (See Appendix C for further detail)

7.3.1 Residential       Includes Single Family, Townhouse, Condominium, Farm/Ranch, and Floating Home

7.3.2 Rental                  Includes House for Rent, Townhouse for Rent, Apartment/Condo for Rent, and Other Rental Property

7.3.3 Mobile Home   Includes Single, Wide, Double Wide, Triple Wide, Quad Wide and Mobile Floating Home

7.3.4 Residential LotIncludes, Residential Lot, Residential Development Land, Agriculture/Ranch Land, and Other Residential Land

7.3.5 Income/Multi-Unit 2-4 Includes Duplex, Triplex, Fourplex, and Other Multi-Units

7.3.6 Income/Multi-Unit 5+ Five or More Units

7.3.7 Commercial for Sale Commercial Property

7.3.8 Commercial Land Includes Commercial Agricultural Land, Industrial Land, and Other Commercial Land

7.3.9 Commercial Lease Commercial Buildings for Lease/Rent

7.3.10 Business Businesses for Sale

It shall be the responsibility of the broker participant and real estate subscriber to properly classify the class of property listed, and if necessary, obtain a legal opinion to determine the correct classification. By specifying the class of property listed, the listing broker certifies that the listing falls under the classification designated. The MLS shall have no affirmative responsibility to verify the property class of any listing filed with the Service. However, the MLS shall have the right to have legal counsel make a determination as to the classification of the property class and if the listing broker does not reclassify it accordingly, the MLS shall have the right to reject or remove any such listing that it determines falsely represents the property class of the listing. Submission of duplicate listings by the same participant within the same property class is prohibited.

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.

7.4        Compliance with California and Federal Law

Notwithstanding any other provision of these MLS rules and regulations to the contrary, the Service shall accept any listing that it is required to accept under California or federal law.

7.4.1    Time Frame Definitions.

Unless otherwise expressly indicated, where compliance time frames set forth ”days,” “days” mean calendar days; “days after” means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 p.m. on the final day; and “days prior” means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. Where “business days” are expressly referenced, “days” exclude Saturdays, Sundays and all recognized federal and state holidays.

7.5        Mandatory Submission

Broker Participants shall input exclusive right to sell or seller reserved listings on one to four-unit residential property and vacant residential lots located within the service area of the MLS within 3 days after all necessary signatures of the seller(s) have been obtained on the listing. Or, within 1 business day of marketing or advertising a property to the public on any exclusive right to sell or seller reserved listing agreement for the sale of the aforementioned properties, Broker Participants must input the listing to the Service for cooperation with other Participants. Public marketing or advertising includes, but is not limited to, conveying or displaying any information about the property or its availability for sale through or on any: windows, signs, public facing websites, social media, brokerage or franchise operated websites (including IDX and VOW), digital communications marketing (ex: email, text or phone blasts, social media messaging), multi-brokerage or franchise listing sharing networks, flyers or written material or on any applications available to the public or through conducting an open house. The public would include anyone outside the broker(s) and agent(s) licensed within a single listing brokerage and their clients, as further described in Section 7.6) Only those listings that are within the service area of the MLS must be input. Open listings, rental listings, new construction developments of 5 or more units (single family homes, condos, townhomes) or listings of property located outside the MLS's service area (see Section 7.7) are not required by the Service, but may be input at the Broker Participant’s option.

For violation of this section, see Appendix A, Citable Infractions, 2.1, Listing Not Loaded Within 3 Days of Start Date of Listing/Advertising an Excluded Listing.

7.6        Exempted Listings

If the seller refuses to permit the listing to be disseminated by the Service on any exclusive right to sell or seller reserved listing agreement for the sale of one to four unit residential property and vacant lots located within the service area of the MLS, the listing broker shall submit to the service within 3 days after all necessary signatures of the seller(s) have been obtained on the listing agreement or at the beginning date of the listing as specified in the contract, whichever is later, a certification signed by the seller stating that the seller instructs listing broker to do no public marketing or advertising (as public marketing or advertising is defined in Section 7.5), that the only scope of permissible promotion of the property will occur internally within the brokerage and consist of direct one-on-one communication between the listing broker and licensees affiliated with the listing brokerage and their respective clients (i.e. “office exclusive”) and that seller refuses to authorize the listing to be disseminated by the Service. C.A.R. Standard Form SELM and/or RLA may be used for this certification, but in any event, said certification shall include the aforementioned required statements as well as an advisory to seller that, in keeping the listing off the MLS, (1) real estate agents and brokers from other real estate offices, and their buyer clients, who have access to the MLS may not be aware seller’s property is for sale, (2) seller’s property will not be included in the MLS’s download to various real estate Internet sites that are used by the public to search for property listings, (3) real estate agents, brokers and members of the public may be unaware of the terms and conditions under which seller is marketing the property, and (4) any reduction in the exposure of the property may lower the number of offers made and negatively impact the sales price. In the event listing broker commences any public marketing or advertising on an exempted listing, submission to the MLS for dissemination is required within (1) one business day thereafter in accordance with Section 7.5.

For violation of this section, see Appendix A, Citable Infractions, 2.2, Listing Waiver Not Submitted to MLS Within 3 Days of Start Date of Listing.

7.7        Service Area

The MLS shall service the area coextensive with the territorial jurisdiction of the shareholder boards/associations of REALTORS®. If the MLS has entered into agreements, data share agreements, cross-pollination agreements with other MLSs or a regional MLS corporation submission of the type of listings specified in section 7.5 is mandatory for the area covered by the combined service areas set forth in the agreements. Submission of the type of listings specified in section 7.5 input into another MLS is sufficient, if the MLS has entered into a cross-pollination agreement with MLSListings.

7.7.1    Service Area Defined.

The service area covers the following California counties: Alameda, Amador, Contra Costa, El Dorado, Marin, Mendocino, Merced, Monterey, Napa, Nevada, Placer, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma, Stanislaus and Yolo.

7.8        Change of Listing Information

Listing brokers shall input any change in listing information, including the listed price or other change in the original listing agreement, to the MLS by the end of the next day after the authorized change is received by the listing broker. By inputting such changes to the MLS, the listing broker represents that the listing agreement has been modified in writing to reflect such change or that the listing broker has obtained other legally sufficient written authorization to make such change.

For violation of this section, see Appendix A, Citable Infractions, 2.3, Status Changes Not Reported by Deadline

7.9        Withdrawal of Listing Prior to Expiration

Listings of property must be withdrawn from the MLS by the listing broker before the expiration date of the listing agreement if the listing broker has received written instructions from the seller to withdraw the listing from the MLS. Listing broker may withdraw any listing from the MLS 48 hours after providing seller with written notice of the broker’s intention to withdraw the listing based on a dispute with the seller regarding the terms of the listing agreement. The MLS may require the listing broker to provide a copy of any notice of dispute or any written instructions from the seller. Sellers do not have the unilateral right to require the MLS to cancel any listing. However, the MLS reserves the right to remove a listing from the MLS database if the seller can document that his or her listing agreement with the listing broker has been terminated or is invalid. Withdrawal from the MLS with the seller’s consent does not relieve the obligation of the listing broker to report the sale and sales price if it closes escrow while the seller is represented by the listing broker.

For violation of this section, see Appendix A, Citable Infractions, 3.4, Purposely Manipulating the MLS System to Circumvent the Rules.

7.10     Contingencies

Any contingency or condition of any term in a listing shall be specified and noticed to the participants and subscribers.

7.11     Detail on Listings Filed with the Service

7.11.1 Completeness of Listings

All listings input into the MLS shall be complete in every detail including full gross listing price, listing expiration date, compensation offered to other broker participants and any other information required to be included as determined by the MLS and approved by the Board of Directors. For residential listings, the property address must be input into the MLS where one exists at the time the listing is filed, or the parcel identification number must be input instead if the property address is unavailable. If no address or parcel identification number is available at the time the residential listing is filed, the listing must, at a minimum, contain a legal description of the property sufficient to describe the location of the property. Listings that are incomplete shall be ineligible for publication in the MLS and subject to immediate removal.

###