MLS (Multiple Listing Service)

MLS Rule Revisions – Local MLS Examples

To support Participants and Subscribers in utilizing social media as part of their internet presence.

 Rule Revision: 12.16 Use of Active and Sold Listing Information on Internet

Also know n as Internet Data Exchange “IDX”). (d) Listing Attribution. All listings on a Broker Participant or R.E. Subscriber’s site displayed by framing or other electronic means shall identify the name of the listing firm in a manner designed to easily identify such listing firm. Such identification shall be in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of the listing data. No listing broker names will be required for a one-line or thumbnail search result display format on Participant, Subscriber or Brokerage site as long as there is one or more additional display formats available for the listing and each subsequent display format identifies the listing broker.  Information displayed in a one-line or thumbnail search result, text message, and/or on sites where consumers view, “follow” and/or subscribe to the Participant or Subscriber’s feed, (e.g. Social Media) are exempt from this requirement only when linked directly to an approved IDX site that includes all required disclosures. Social Media posts shall not be misleading to the public and must represent a true picture as defined in MLS Rule 12.10.  IDX display does not extend to internet advertising sites and/or third party sites that do not belong to the Brokerage, Participant and/or Subscriber.

Rules Revision: Mandatory Arbitration.

CAR added language to the existing arbitration rule to incorporate NAR’s mandated enhanced arbitration enforcement requirements. This revision expressly provides that failure to submit to arbitration and abide by the arbitration award can lead to penalties, including suspension from the MLS. Staff is looking for a recommendation to the Board of Directors to adopt the language added to 16.1.

16.1 Mandatory Arbitration. By becoming and remaining a Participant or Subscriber in the MLS, each Participant and Subscriber agrees to submit disputes arising out of the real estate business which also arises out of, or is in conjunction with, any listing filed with the MLS or any appraisal, to binding arbitration with any other Participant or Subscriber of this MLS, or Participants or Subscribers of any other MLS who are authorized to have access to this MLS under Section 6 of these rules. Such arbitrations shall be governed by the California Code of Ethics and Arbitration Manual as from time to time amended which is hereby incorporated by reference. This shall be deemed an arbitration agreement within the meaning of Part 3, Title 9 of the California Code of Civil Procedure. Failure to submit to arbitration and abide by the arbitration award, including but not limited to timely payment of the arbitration award as provided herein shall be a violation of these MLS rules and subjects Participants and Subscribers to possible suspension from the MLS and/or other penalties.

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