Section 4.4: Procedures for Listing Contracts

Posted by PRO Fri, 17 Mar 2006 11:33:00 GMT

MLS does not require a Participant to submit listings on a listing contract other than the form the Participant chooses to use provided the listing is of a type accepted by the MLS. An approved profile sheet is required. Upon advice of legal counsel, the following applies:

  • The MLS reserves the right to refuse to accept a listing contract that fails to adequately protect the interest of the public and the Participants.

  • No listing contract filed with the MLS establishes, directly or indirectly, a contractual relationship between the MLS and the client (buyer or seller)

  • The listing must comply with all provisions of the MLS and is subject to the rules and regulations of the MLS.

  • The listing contract must include a provision explicitly granting the listing broker authority

    • To advertise

    • To file the listing with the MLS

    • To provide timely notice of status changes of the listing to the MLS.

    • To provide sales information including selling price to the MLS upon sale of the property

  • If the listing Participant intends to offer compensation to buyer agents, transaction brokers, and nonrepresentative brokers, the listing contract must contain the seller’s written authorization to compensate agents of prospective purchasers.

  • The listings submitted to the MLS must offer compensation to cooperating brokers on a blanket, unilateral basis. The listing broker retains the right to determine the amount of compensation offered to other Participants (acting as buyer agents, transaction brokers or as non-representative brokers). The compensation offered to each type of cooperating brokerage may be the same or different amounts.

  • The MLS will not accept any listing in which the seller is to compensate a cooperating broker directly.

  • The listing contract must include the seller’s authorization to submit the listing to the MLS and to any acceptable Internet form of advertising or other advertising medium.

  • The Participant must obtain seller’s informed written consent (in either the listing contract or an addendum thereto) to disclose the potential short sale circumstance to cooperating brokers, buyers and the public.

Note: The FAR listing contracts provide all the required language. Other contracts should be carefully reviewed to ensure they comply.


The following violation is subject to the Progressive Fine and Rules Schedule as stated in Section 10.1:


Filing listings that do not meet the requirements of the MLS for listing contracts.



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