MLS violations and fines are outlined in the Rules and Regulations Section 7.1 and are imposed to help keep the MLS an accurate database. By becoming and remaining a Participant or subscriber in this MLS, each Participant and subscriber agrees to be subject to the rules and regulations and any other MLS governance provision. The MLS retains the right to suspend MLS access and issue a fine for any listing that does not have correct or complete information in all required fields or attached documents. Fines may continue to be levied upon the Participant/Subscriber until the data has been corrected.
The violation and fine structure that is used is progressive and are levied as follows:
1st Offense: Agent/Team is notified of the violation. This notice and all subsequent notices/offenses are accompanied by the corrective action required and a copy of the MLS rule(s). If not resolved within 48 hours, the agent/team will be suspended from MLS until violation is corrected.
2nd Offense: Agent/Team is notified of the violation and assessed a $100 fine. If not resolved within 48 hours, the agent/team will be suspended from MLS until violation is corrected.
3rd Offense: Agent/Team is notified of the violation and assessed a $250 fine. If not resolved within 48 hours, the agent/team will be suspended from MLS until violation is corrected. Within 30 days of the violation, the Broker is required to submit a written response to MLS detailing a corrective action plan or training provided to the agent/team, where applicable. Failure of Designated Broker to comply may result in a fine to the Designated Broker.
4th and Subsequent Offense(s): Agent/Team is notified of the violation and assessed a $500 fine. The
agent/team will be suspended from MLS for 30 days following a review at the next regularly scheduled board meeting.
The progression of fines is based on infraction of the same rule violation in terms of 1st, 2nd, 3rd, and 4th offenses. At the end of each calendar year the offenses do not roll over; however, records are retained and may be referenced in future instance of violations and appeals to fines.
Note: All fine monies go to charitable causes, which are selected by the Community Reinvestment Task Force.
MLS violations and fines may be levied on the following:
Immediate Violation - These are violations that are usually time based or require documents being attached when the listing was submitted or went active.
- New listings not submitted to the MLS within four (4) calendar days from the contract begin date or effective date.
- Any change of status not submitted to the MLS within four (4) calendar days of contract signatures or effective date.
- Lead Based Paint Disclosures, when required by law, not attached at the time of Active status.
- Combination lockboxes used in GSBOR service area where Supra lockboxes are required.
- Off-Market listing entered more than 4 calendar days after close date, or that does not have a photo or appropriate documents attached.
- Listings submitted to the MLS that do not have a photo or graphic representation of the property, with the exception that the seller has directed, in writing, these to be withheld from MLS.
- Copyright violations of other persons’ or entities’ photos or artwork.
- Violation of Coming Soon Status use.
- Submitting a Coming Soon listing without the Coming Soon Addendum attached to the listing.
- Coming Soon listing has a sign in the yard but does not have a Coming Soon rider attached.
- Marketing of a Coming Soon property, whether by Participant or owner, before the listing is entered into the MLS.
- Showing a Coming Soon listing before the Start Showing Date.
- Violation of Branding Rules
- Use of any visual solicitation for the listing agent/team/broker and/or listing company,
including branded photographs, brokerage logos or signage, scrolling marquees, colored borders, or other graphic representations. Branding also includes seller contact information. - Use of any contact information in public marketing remarks or publicly viewable fields.
- Use of any visual solicitation for the listing agent/team/broker and/or listing company,
- Any violation of Clear Cooperation policy.
Correctable Before Violation - These are issues that are considered to be correctable before a violation is issued and, in most cases, will have a 48 hour time period to be remedied. If a correctable violation is not remedied within the allowed time, a violation will be issued.
- Listing does not have correct or complete information in all required fields or attached documents. I.e. incorrect property sub-type, parent/child data, abbreviation in address, incorrect owner name, etc.
If action is still required for the listing after a violation is issued, the Participant/Subscriber will be given 48 hours to resolve the issue before their MLS access is suspended.
Section 1.19 of the Rules and Regulations allows the MLS to request any documentation for a listing. Failure to submit listing and/or transaction documentation by the requested deadline may result in a non-compliance violation and/or suspension of MLS access until all the documents have been received by MLS.
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