MLS Rule Change – Effective April 3, 2020
From time to time, Space Coast Association of Realtors® updates the MLS rules and Regulations. All recent changes are shown below, strikeout is to be removed underline is to be added.
Overview of Changes:
Revised Section 1 (Listing Procedures) has been revised to allow members to have additional time to enter a listing into the MLS. Members will now have five business days to enter a listing into the MLS once the listing agreement is signed. The previous rule was 48 hours.
Added Section 1.0.1 (Clear Cooperation 8.0) has been mandated by the National Association of REALTORS®. The rule states that once a property is publicly marketed it MUST be entered into the MLS within one business day for cooperation with other MLS participants.
Revised Section 1.3 (Exempt Listings) Temporary Exclusion of listing from the MLS has been added. This is available if the seller(s) request the MLS participant temporarily withhold the listing from the MLS, or any advertising, while they prepare the property for sale and showings.
Once the listing is publicly marketed, be it a temporary exclusion or permanent exclusion, the listing must be entered into the MLS within one business day. See section 1.01 Clear Cooperation.
Revised Section 1.23 (Coming Soon Status) has been revised to clarify that while the property is listed in the Coming Soon status it may ONLY be marketed as “coming soon”.
Revised Section 20.2 (Fines for Non-Compliance) Letter A has been revised to reflect failure to input a listing time frame from 48 hours to five business days.
Revised Section 20.7 (Coming Soon Violations) has been revised to add the Coming Soon violations in the fines for non-compliance section of the rules.
Added Section 20.8 (Clear Cooperation Violations) Fines for non-compliance of section 1.01 Clear Cooperation.
Revised Coming Soon Status Seller Authorization Addendum – updated document attached
Revised Seller Exclusion Authorization Form – updated document attached
Approved Rule Changes:
All recent changes are shown below, strikeout is to be removed underline is to be added.
Only the rules shown below have been amended, the rest or the MLS rules and Regulations remain unchanged.
Listings of real or personal property of the following types, which are listed subject to a real estate broker’s license, are located within the territorial jurisdiction of the MLS, and are taken by Participants on an MLS approved listing form shall be entered into the MLS within five business days forty-eight (48) after all necessary signatures of seller(s) have been obtained, or such later listing date as is agreed to by the Seller and set forth in the Listing Agreement.
Section 1.0.1 Clear Cooperation – Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.
Entering the listing in the coming soon status in the MLS meets this requirement.
At any time during the preparation of the listing for sale, if the property is publicly marketed it will trigger clear cooperation policy and require the listing to be entered into the MLS in either Coming Soon or Active status.
Note: Exclusive listing information for required property types must be filed and distributed to other MLS Participants for cooperation under the Clear Cooperation Policy. This applies to listings filed under Section 1 and listings exempt from distribution under Section 1.3 of the NAR model MLS rules, and any other situation where the listing broker is publicly marketing an exclusive listing that is required to be filed with the service and it is not currently available to other MLS Participants.
Section 1.3 – Exempt Listings:
Temporary Exclusion of listing from the MLS: A temporary exclusion of a listed property is available if the seller(s) request the MLS Participant to temporarily withhold a listing from the MLS, or any advertising, while they prepare the property for sale and showings. Temporary exclusions require the seller(s) and MLS Participants signature on the “Seller Certification to Exclude Property from the Multiple Listing Service” form and submitted to the MLS within (1) business day. Once the listing is publicly marketed or shown the MLS Participants (Broker or MLS Subscriber (Agent) must enter the listing into the MLS within (1) business day, see Section 1.01 Clear Cooperation. Once the property is ready to be marketed as “coming soon” or “active” the listing must be changed to the appropriate status. Properties in the “coming soon” status are properties that are not ready to be shown but will be soon. Properties that are ready for showings must be changed to “active” status. Any showings or open houses of properties utilizing the “Temporary Exclusion ” prior to the listing becoming active will result in an automatic fine of $1,000 to the MLS Subscriber for a first violation in addition the Broker will be notified of the violation. A second violation to the MLS Subscriber (agent) will result in a $3,000 fine to each the MLS Subscriber (Agent) and the MLS Participant (Broker). Additional violations of this rule by the MLS Subscriber (Agent) are subject to potential suspension or termination of the MLS Subscriber’s (Agent’s) MLS privileges in accordance with Section 7 Non-Compliance with Rules and Section 9 – Enforcement of Rules or Disputes. If at any time an offer is accepted on a property that is currently “Temporarily Excluded” from the MLS, the MLS Participant (Broker or MLS Subscriber (Agent) is required to add that property into the MLS within 48-hours of acceptance of a written offer to purchase.
Permanent Exclusion of listing from the MLS: If the seller(s) refuses to permit a listing to be disseminated by the MLS, the broker must, within 2 business days, file with the MLS the “Seller Certification to Exclude Property from the Multiple Listing Service” form. Exempt listings may not be publicly marketed. Once the listing is publicly marketed the MLS Participants must enter the listing into the MLS within (1) business day. See Section 1.01 Clear Cooperation.
Exclusion Paperwork: When requested by the MLS the MLS Participant (Broker) and MLS Subscriber (agent) must provide the MLS with the copy of the requested executed forms within 2 business days. Failure to supply the requested paperwork will result in an automatic suspension of the MLS Subscribers (agent’s) MLS Privileges until the paperwork if filed, with notification to the MLS Participant (Broker). For a second violation of failing to provide requested paperwork the MLS Subscriber (agent) will be issued an automatic fine of $1,000 per day, until the paperwork is provided, not to exceed $15,000, at which time the MLS Subscribers MLS Privileges will be suspended until the proper paperwork is filed. Any subsequent failures of the MLS Subscriber (agent) to comply with similar requests for exclusion paperwork will result in an automatic fine of $2,000 per day charged to each the MLS Participant (Broker) and MLS Subscriber (agent) not to exceed $15,000 each, at which time the MLS Participants (Broker) Privileges will be suspended until the proper paperwork is filed. Additional failures to comply may result in termination of the MLS Participants MLS Privileges. Anytime during this process, the MLS Participant may request a formal hearing before the Associations Professional Standards Committee. During this time the penalties, be held in abeyance until a decision is rendered pursuant to the Professional Standards process.
Section 1.2.3 – Coming Soon Status:
The Coming Soon Status allows you to pre-market your listing through the MLS for a limited period of time until it is ready for showings. During the Coming Soon status the property may ONLY be marketed as “coming soon” and during this limited timeframe the seller has requested no showings. Once the property is ready for showings it must be changed to “active” status. is to allow time for the seller and listing brokerage to prepare the property for sale, while having an executed listing agreement that encourages cooperation with other MLS Participants. All listings for properties subject to an Exclusive Right to of Sale or Exclusive Agency Brokerage listing agreements must be entered into the Space Coast Association of REATLORS MLS within 48 hours five business days as an Active or Coming Soon listing.
a. If a seller has authorized her/his the listing broker via their listing agreement to advertise her/his the property as a coming soon listing, while seller and listing broker prepare the property for sale and showings, then the MLS Participant shall enter the listing in the MLS database in accordance with Section 1 – Listing Procedures utilizing the “Coming Soon Status” in accordance with these rules and regulations.
b. A listing may utilize the “Coming Soon Status” for a limited period of time, not to exceed twenty-one (21) days. Listings with a “Coming Soon Status” will automatically convert to “Active Status” after twenty-one (21) days. Alternatively, the listing broker may change the “Coming Soon Status” to “Active Status” at any point prior to the expiration of the twenty-one (21) days, (i) if seller instructs her/his the listing broker that the property is ready for “Active Status” and ready to be shown to prospective buyers and other MLS participants and subscribers; or (ii) on the agreed upon marketing date set forth in the listing agreement.
c. A listing is only eligible for “Coming Soon Status” when initially input into the MLS database. Once a listing has changed from “Coming Soon Status” to “Active Status” it may not revert back to the “Coming Soon Status.” Listings entered in any other status are not eligible to be switched into the “Coming Soon Status.”
d. Upon entry of a listing that will utilize the “Coming Soon Status,” the listing broker must submit the listing agreement and the “Coming Soon Status Seller Authorization Addendum” coming soon form to the MLS within 48-hours. upload a copy of the seller signed “Coming Soon Status Seller Authorization Addendum.” The addendum must be uploaded to the document section of the MLS and marked private at the time the listing is input into the MLS.
e. Listings in the “Coming Soon Status” are displayed in the MLS system only and are not eligible for inclusion in MLS’s advertising syndicated data feeds (i.e., third-party websites, brokerage public advertising (IDX), or display on MLS’s public-facing website). Listings in the “Coming Soon Status” will be included in the MLS Participants (Broker) and MLS Subscribers (Agent) IDX compliant website data feeds. Listings utilizing the “Coming Soon Status” are not eligible for showings or open houses. While the property is in the “Coming Soon Status” the property may not be promoted or advertised in any manner other than as a “Coming Soon” property. MLS Participants are permitted to share listings in the “Coming Soon Status” with their clients through the MLS system.
f. Any showings or open houses of properties utilizing the “Coming Soon Status” status prior to the listing becoming active will result in an automatic fine of $1,000 to the MLS Subscriber, and for a first violation the broker will be notified of the violation for a first violation. A second violation to the MLS Subscriber will result in a $3,000 fine to both each the MLS Subscriber (agent) and the MLS Participant (Broker). Additional violations of this rule by the MLS Subscriber are subject to potential suspension or termination of the MLS Subscriber’s MLS privileges in accordance with Sections 7 Non-Compliance with Rules and 9 -Enforcement of Rules or Disputes.
Coming Soon Status is not intended to give a Listing Brokerage an advantage in finding a buyer for the property to the detriment of cooperating brokers and sellers, nor is it intended to circumvent the sale of the property on an open market. Coming Soon Status provides a method for listing agents to notify other cooperating brokers of listed properties that will be made fully available for showing and marketing after preparations have been completed. MLS Participants must enter a listing into coming soon or active status within (1) business day once the listing is publicly marketed as available for sale. See Section 1.01 Clear Cooperation
…Section 20.2 – For failure to comply with each of the following provisions in addition to the provisions of Sections 9 and 9.1 the Participant shall receive a courtesy notice and allowed 1 business day to correct the violation, if it is a first offense. A repeat or second offense will incur an automatic fine, as stipulated in these rules:
First offense: $ 50.00
Second offense: $ 250.00
Additional offenses will require a $ 500.00 minimum fine and a hearing before the MLS Governing Body.
a. Failure to input a listing into the MLS within forty-eight (48) hours five business days after all necessary signatures have been obtained…
Section 20.7 – Coming Soon Violations:
For a first violation to an MLS Subscriber (agent) there will be an automatic fine of $1,000.00 assessed to the MLS Subscriber (agent), with notification to the MLS Participant (Broker). A second violation to the MLS Subscriber (agent) will result in a $3,000 fine to each the MLS Subscriber (agent) and the MLS Participant (Broker). Additional violations of this rule by the MLS Subscriber are subject to potential suspension or permanent termination of the MLS Subscribers (agent) and MLS Participants (Broker) privileges.
Section 20.8 – Clear Cooperation Violations:
A second violation for failure to input a property into the MLS within one (1) business day of any public advertising, the MLS Participant (Broker) and MLS Subscriber (Listing Agent), pursuant to the clear cooperation policy, will each be assessed an automatic fine of $3,000 for the second violation. After notification by the MLS office, a failure to comply within one (1) business day a fine of $1,000 per day will accrue to each the MLS Subscriber (Agent) and MLS Participant (Broker) until compliance, up to a maximum pf $15,000 per occurrence. Any MLS Subscriber (Listing Agent) failing to comply within three (3) business days of notification will have their MLS Membership suspended until compliance is met, all fines will continue to accrue until compliance is met up to a maximum of $15,000.
Any subsequent violations by the same MLS Subscriber (Listing Agent) for failure to input a property into the MLS within one (1) business day of any public advertising, the MLS Participant (Broker) and MLS Subscriber (Listing Agent), pursuant to the clear cooperation policy, will each be assessed an automatic fine of $5,000. After notification by the MLS office, a failure to comply within one (1) business day a fine of $1,000 per day will accrue to each the MLS Subscriber (Agent) and MLS Participant (Broker) until compliance, up to a maximum pf $15,000 per occurrence. Any MLS Subscriber (Listing Agent) failing to comply within three (3) business days of notification will have their MLS Membership terminated.
Exclusion Paperwork:
When requested by the MLS the MLS Participant (Broker) and MLS Subscriber (agent) must provide the MLS with the copy of the requested executed forms within 2 business days. Failure to supply the requested paperwork will result in an automatic suspension of the MLS Subscribers (agent’s) MLS Privileges until the paperwork if filed, with notification to the MLS Participant (Broker). For a second violation of failing to provide requested paperwork the MLS Subscriber (agent) will be issued an automatic fine of $1,000 per day, until the paperwork is provided, not to exceed $15,000, at which time the MLS Subscribers MLS Privileges will be suspended until the proper paperwork is filed. Any subsequent failures of the MLS Subscriber (agent) to comply with similar requests for exclusion paperwork will result in an automatic fine of $2,000 per day charged to each the MLS Participant (Broker) and MLS Subscriber (agent) not to exceed $15,000 each, at which time the MLS Participants (Broker) Privileges will be suspended until the proper paperwork is filed. Additional failures to comply may result in termination of the MLS Participants MLS Privileges. Anytime during this process, the MLS Participant may request a formal hearing before the Associations Professional Standards Committee. During this time the penalties, be held in abeyance until a decision is rendered pursuant to the Professional Standards process.
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