Sunday, August 9, 2009

Why are there MLS fines and Why do we have Rules & Regs

First the National Association of REALTORS [NAR] requires Rules & Regulations as a condition of our E&O insurance and reviews and approves our Rules & Regs Annually. The Rules are meant to protect the brokers, users and the MLS Corporation from legal liability. They also work in tandem with arbitration procedures.

Reading, reviewing and following the rules is a responsibility of every User and which every user agrees to in their signed user agreement. I do think most people do follow the rules but hopefully using datachecker may encourage users to review them.

Fines are a part of the preventative process- they are meant to deter violations. Also these fines were put in place in 2001 and 2003. This is one reason they are being reviewed other than the NAR requirement of bi-annual review.

I think the fines were made so steep to act as a preventative measure. I was hoping for specific input so that perhaps the board would know the "why" behind a violation. I would also like to see at least one photo be a requirement.

AGAIN A CORRECTABLE violation- fixed within 48 hours of notification- will NOT BE FINED. This should address the Accidental/Mistake violation.

Here is the list of correctable violations:
A. CORRECTABLE VIOLATIONS
Upon confirmation of one of the following violations by the MLS staff, a notice of the
correctable violation will be sent to both the Participant and the listing associate by electronic
transmission. The Participant must correct the violation within 48 hours (excluding weekends
and holidays).
1. Failure to enter a listing in the correct area number;
2. Failure to submit the correct listing expiration date;
3. Entries in the compensation field other than a percentage or definite dollar
amount;
4. Failure to correctly complete all required fields in the System;
5. Entering of changes relating to amendments to listing agreement without the
seller's written consent;
6. Failure to indicate individually all property that is to be sold or which may be sold
separately in the listing agreement and in the System;
7. Failure to properly enter when part of a listing property has been sold;
8. Failure to enter the correct selling price on a closed listing;
9. Failure to enter the correct selling office and selling associate on a closed listing
provided documentation includes proof of effort by selling broker to have
correction made prior to submission of the Violations Report;
10. Failure to enter pending status within 2 business days of acceptance;
11. Failure to enter sold status within 2 business days of closing; or
12. Failure to reactivate any cancelled and/or failed pending property within 2
business days.
IT IS ONLY WHEN THE USER FAILS TO CORRECT THE VIOLATION THAT THEY ARE FINED.

5 comments:

  1. SERIOUS VIOLATIONS WITH AN AUTOMATIC $500 Fines
    1.Failure to enter a required listing within 2 business days;
    2. Failure to enter changes relating to amendments to a listing agreement within 2
    business days; 3. Submission of incorrect listing expiration to force premature expiration;
    4. Failure to file with the MLS, within 5 business days, any certification executed by
    seller of seller's request that property shall be exempt from MLS;
    5. Failure to place a property in withdrawn or released status when a listing broker's
    agreement has been terminated by both parties;
    6. Failure to properly disclosure in the appropriate field any conditions, terms,
    reserved buyers and any other contingencies affecting the ability to sell or lease
    the listing. Failure to allow cooperating broker to be present for presentation of an offer,
    upon request, unless seller has prohibited such in writing, of which a copy has
    been provided to cooperating broker;
    8. Failure to allow listing broker to be present for presentation of a counteroffer,
    upon request, unless purchaser has prohibited such in writing, of which a copy has
    been provided to the listing broker;
    9. Failure to disclose in MLS compilations and/or offer to purchase the broker's
    license status when acting as a seller or purchaser;
    10. Failure to auto-populate a listing where the property is in MLS tax database or
    impermissible modification of auto-populated tax information;
    11. Failure to comply with the Rules set forth in Section 17 Internet Data Exchange or
    Section 18 VOW’s;
    12. Entry of name, telephone number, e-mail address or web address of the seller, the
    listing broker or any affiliate in the directions, public remarks, property
    description or picture description sections; or
    13. Entry of conditional compensation in public remarks.

    ReplyDelete
  2. Why doen't my post show up right away

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  3. Your post will show up as soon as it is read by MLS staff. This way we keep the blog clean

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  4. Boy am I in trouble I thought I was still using a dumb terminal?? or maybe its the other way around! ?? LAG

    ReplyDelete