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Posted by PRO
Sat, 25 Mar 2006 11:51:00 GMT
The information provided by the Multiple Listing Service (MLS) to participants is considered official information and is confidential and for the exclusive use of the following:
- Participants
- Subscribers
- Participants who are registered, licensed, or certified by an appropriate state regulatory agency to engage in the appraisal of real property
- Registered, licensed, or certified appraisers affiliated with a Participant
MLS information is limited to the activities authorized under a Participant’s or Subscriber’s licensure or certification. Unauthorized users are prohibited.
- Advertising by the listing Participant
- Assisting buyers
- Appraising
- Renting
- Assisting sellers
- Auctioning
- Leasing
- Exchanging
A Participant or subscriber may not make available in any format (including but not limited to oral, written, printed, Internet display or download, or Internet search) to consumers, clients, or customers any of the following information:
a. The compensation offered to other MLS Participants.
b. Seller(s) and occupant(s) name(s), phone number(s), and email address(es).
c. Realtor® Remarks
d. Showing Instructions
e. Security System
Confidential information is intended for use by participants and subscribers only.
Posted in MLS Database
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Posted by PRO
Sat, 25 Mar 2006 11:55:00 GMT
The following are for the exclusive benefit and use of Participant and Subscribers within these firms whose MLS participation fees have been paid.
- All MLS compilations
- Data input forms
- MLS photographs
- MLS database
- MLS statistics
- MLS Reports
Posted in MLS Database
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Posted by PRO
Sat, 25 Mar 2006 12:00:00 GMT
By submitting a property listing to the MLS, the Participants are demonstrating that they have authorization to grant and do grant the MLS the authority to include the property listing in the copyrighted MLS compilation and any statistical reports or comparables.
Participants also demonstrate they have the authorization to grant and do grant the MLS the authority to include the property listing in approved Internet Data Exchange displays for advertising on other Participants’ public Web sites.
Posted in MLS Database - Ownership
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Posted by PRO
Sat, 25 Mar 2006 12:01:00 GMT
All rights, title, and interest in each copy of MLS compilations created and copyrighted by the MLS remain vested in PRO Biz, Inc.
Posted in MLS Database - Ownership
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Posted by PRO
Sat, 25 Mar 2006 12:02:00 GMT
Participants are entitled to use the MLS database compilation of listings through a unique user identification system using a security token and PIN for each Participant, Subscriber, and Administrative User.
Posted in MLS Database - Ownership
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Posted by PRO
Sat, 25 Mar 2006 12:06:00 GMT
Participants must at all times maintain control over and be responsible for each Subscriber’s use of the MLS compilation leased to them by the MLS. Participants, Subscribers and Administrative Users must not provide their Security Tokens or PIN codes to any other person.
Use of information developed or published by the Multiple Listing Service is strictly limited to the activities authorized under a Participant’s or Subscriber’s licensure, certification or registration. Unauthorized uses are prohibited.
Examples:
- A Participant is licensed as a real estate broker in the state of Florida. The Participant is strictly limited to using the MLS for listing and selling activities, including the preparation of a CMA as authorized by state licensure law. However, the Participant could not use MLS data to provide services outside the scope of licensure.
- A Participant is a certified appraiser in the state of Florida. The Participant is strictly limited to using the MLS for the preparation of an appraisal as authorized through certification by the state. A Participant who is a certified appraiser could not list or sell property in the MLS because such activity is outside of the scope of the appraiser’s certification or registration.
None of the foregoing is intended to convey "participation" or "membership" or any right of information developed or published by the Multiple Listing Service where such information is prohibited by law.
Posted in Use of Copyrighted Compilations
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Posted by PRO
Sat, 25 Mar 2006 12:08:00 GMT
Participants and Subscribers may display the MLS compilation, using a reasonable number of properties, to prospective purchasers only in conjunction with their ordinary business activities of attempting to locate ready, willing, and able buyers for the properties described in the MLS compilation.
Participants and Subscribers may display the MLS compilation, using a reasonable number of properties, to prospective sellers only in conjunction with ordinary business activities related to listing, marketing, and pricing analysis.
Under no circumstance are Participants, Subscribers, or Administrative Users authorized to use the functionality or programs of the MLS system to transmit all of the database or large portions of the database to persons not authorized to have access to the MLS.
Posted in Use of Copyrighted Compilations
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Posted by PRO
Sat, 25 Mar 2006 12:13:00 GMT
Participants, Subscribers and Administrative Users shall not reproduce any MLS compilation or any portion thereof except in the following limited circumstances:
- Participants and their affiliated subscribers may reproduce and distribute to prospective purchasers a reasonable number of single copies of property listing data contained in the MLS compilation that relates to properties in which they think their prospective purchasers may be interested. It is intended that the Participant be permitted to provide prospective purchasers with listing data relating to properties that the prospective purchaser has a bona fide interest in purchasing or in which the Participant is seeking to promote interest in purchasing or in which the Participant is seeking to promote interest.
- These reproductions must be prepared in such a manner that they contain only the property listing data in which a prospective purchaser has expressed interest or in which the participant or affiliated subscribers are wanting to promote interest.
- Nothing precludes a participant from using, displaying, distributing, or reproducing property listing sheets or other compilations of data that pertains to property listed for sale exclusively with the participant.
- Except as previously described, MLS information in any format (printed, electronically, etc.) is for the exclusive use of the participant and his or her affiliated subscribers. This information may not be provided in any manner to an unauthorized individual, office, or firm.
None of the above prevents an individual legitimately in possession of current listing information, "sold/closed" information, "comparables," or statistical information from using the information to support an estimate of value on a property for a client. However, information that the MLS has deemed non-confidential and necessary to support the estimate of value may be reproduced and attached to the report as supporting documentation. Any other use of the information is unauthorized and prohibited.
Posted in Use of Copyrighted Compilations
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Posted by PRO
Sat, 25 Mar 2006 12:16:00 GMT
Use of sold or statistical information by an MLS Participant for public mass-media advertising or other public representations from an MLS compilation of current listings is not prohibited.
However, print or nonprint forms of advertising or other forms of public representations based in whole or in part on sold or statistical information supplied by the MLS must clearly identify the period of time over which the claims are based and must include the following or a similar notice:
"Based on information from the Suncoast Multiple Listing Service for
the period {date} through {date}."
Posted in Use of Copyrighted Compilations
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Posted by PRO
Thu, 03 May 2007 15:57:00 GMT
By the act of submitting any property listing content to the MLS the participant represents that he has been authorized to grant and also thereby does grant authority for the MLS to include the property listing content in its copyrighted MLS compilation and also in any statistical report on comparables. Listing content includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information, and other details or information related to listing property.
Posted in Use of Copyrighted Compilations
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Posted by PRO
Sat, 25 Mar 2006 12:19:00 GMT
The Board of Directors of PRO Biz, Inc. must approve amendments to the MLS Rules and Regulations.
Posted in MLS Rules and Regulations
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Posted by PRO
Sat, 25 Mar 2006 12:24:00 GMT
By becoming and remaining an MLS participant, each Participant agrees to arbitrate disputes involving contractual issues and questions and specific noncontractual issues and questions as defined in Standard of Practice 17-4 of the Code of Ethics with other MLS participants arising out of their relationships as MLS participants according to the following guidelines.
- If the disputants are members of PRO or the MLS or if their principal place of business is within the same Association’s territorial jurisdiction, they must arbitrate according to PRO’s procedures.
- If the disputants are members of different Associations of REALTORS® or if their principal place of business is located within the territorial jurisdiction of different Associations of REALTORS®, they must arbitrate according to the interboard arbitration procedures agreed to among various associations.
- In instances where an interboard arbitration agreement does not exist, arbitration will be conducted in accordance with the Interboard Arbitration Procedures in the Code of Ethics and Arbitration Manual of the National Association of REALTORS®.
Note: Nothing herein precludes participants from agreeing to arbitrate the dispute before a particular Board or Association of REALTORS®.
Posted in Arbitration of Disputes
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Posted by PRO
Sat, 25 Mar 2006 12:25:00 GMT
MLS Participants and Subscribers shall not engage in any practice or take any action inconsistent with the exclusive representation or exclusive brokerage relationship agreements that other MLS Participants and Subscribers have with clients.
Posted in MLS Participants' Standards of Conduct
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Posted by PRO
Sat, 25 Mar 2006 12:35:00 GMT
Signs giving notice of property for sale, rent, lease, or exchange shall not be placed on property without consent of the seller/landlord.
Posted in MLS Participants' Standards of Conduct
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Posted by PRO
Sat, 25 Mar 2006 12:36:00 GMT
MLS Participants and Subscribers acting as subagents or buyer/tenant representatives or brokers shall not attempt to extend a listing broker’s offer of cooperation and/or compensation to other brokers without the consent of the listing broker.
Posted in MLS Participants' Standards of Conduct
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Posted by PRO
Sat, 25 Mar 2006 12:42:00 GMT
MLS Participants and Subscribers shall not solicit a listing that is currently listed exclusively with another broker. However, if the listing broker, when asked by the MLS Participant or Subscriber, refuses to disclose the expiration date and nature of such listing; i.e., an exclusive right to sell, an exclusive brokerage, open listing, or other form of contractual agreement between the listing broker and the client, the MLS Participant or Subscriber may contact the owner to secure such information and may discuss the terms upon which the MLS Participant might take a future listing or, alternatively, may take a listing to become effective upon expiration of any existing exclusive listing.
Posted in MLS Participants' Standards of Conduct
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Posted by PRO
Sat, 25 Mar 2006 12:43:00 GMT
MLS Participants and Subscribers shall not solicit buyer/tenant agreements from buyers/tenants who are subject to exclusive buyer/tenant agreement. However, if asked by an MLS Participant or Subscriber, the broker refuses to disclose the expiration date of the exclusive buyer/tenant agreement, the MLS Participant or Subscriber may contact the buyer/tenant to secure such information and may discuss the terms upon which the MLS Participant might enter into a future buyer/tenant agreement or, alternatively, may enter into a buyer/tenant agreement to become effective upon the expiration of any existing exclusive buyer/tenant agreement.
Posted in MLS Participants' Standards of Conduct
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Posted by PRO
Sat, 25 Mar 2006 12:45:00 GMT
MLS Participants and Subscribers shall not use information obtained from listing brokers through offers to cooperate made through Multiple Listing Services or through other offers of cooperation to refer listing brokers’ clients to other brokers or to create buyer/tenant relationships with listing brokers clients, unless such use is authorized by listing brokers.
Posted in MLS Participants' Standards of Conduct
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Posted by PRO
Sat, 25 Mar 2006 12:46:00 GMT
The fact that an agreement has been entered into with a MLS Participant shall not preclude or inhibit any other MLS Participant from entering into a similar agreement after the expiration of the prior agreement.
Posted in MLS Participants' Standards of Conduct
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Posted by PRO
Sat, 25 Mar 2006 12:47:00 GMT
The fact that a prospect has retained an MLS Participant as an exclusive representative or exclusive broker in one or more past transactions does not preclude other MLS Participants from seeking such prospect’s future business.
Posted in MLS Participants' Standards of Conduct
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