Rules Violations Emails – Members have 48 hours to correct any violations that are emailed to them from the MLS. If the violation is not corrected within 48 hours the applicable fine will be imposed.
Progressive Fines – After initial input of a listing, the listing agent will have (5) business days to review and correct the information before a fine is imposed. Within any six (6) month period if an agent has a second offense of the same infraction the fine will be doubled; for the third offense, the fine will be tripled and for the fourth and above, the fine will be five times the initial fee.
Failure to Correct Rule Violation – Per the MLS Rules and Regulations of the Daytona Beach Area Association of REALTORS, failure to correct a violation of the MLS Rules and Regulations, even if a fine assessed for the rule violation has been paid, may result in suspension or termination of MLS service.
Generally, warning, censure and the imposition of a moderate fine are sufficient to constitute a deterrent to violation of the rules and regulations of the Multiple Listing Service. Suspension or termination is an extreme sanction to be used in cases of extreme or repeated violation of the rules and regulations of the Service. Non-principal brokers, sales licensees, appraisers, and others authorized to have access to information published by the MLS are subject to MLS rules and regulations and may be disciplined for violations.
Failure of any user or subscriber to abide by the rules and/or any sanction imposed for violations can subject the MLS Participant (designated Broker) to the same or other discipline. This does not eliminate the MLS Participant’s ultimate responsibility and accountability for all users or subscribers affiliated with the Participant.
A valid email address is required for each MLS Participant and Subscriber. Make sure your email address is up-to-date with DBAAR, and do not block emails from your association or MLS. This will help avoid the types of sanctions outlined here.
Clear Cooperation – Failure to enter listing in MLS within one business day of publicly marketing the property. NOTE: This is an automatic fine – there is no warning or period to correct.
FINE: $500 for first offense; $1,000 for second offense
Advertising Another Broker’s Listing Without Permission – Advertising another broker’s listing without permission. NOTE: This is an automatic fine – there is no warning or period to correct.
FINE: $1,000
Failure to File Listings – Failure to enter listings (or submit property data forms to the MLS for staff entry) of property types required to be submitted to the MLS within 48 hours after all required signatures of seller(s) have been received will result in a fine of $100 per listing per business day until the listing is entered in the MLS or the listing input form is received by the MLS, except where the seller has requested exclusion from the MLS. In such cases, the listing agent must submit an MLS Exclusion form to the MLS within 48 hours after all required signatures of seller(s) have been received.
FINE: $100 per day
Request for Seller Exclusion – Failure to submit a signed copy of the Request for Seller Exclusion to the MLS within 48 hours (not including weekends or holidays) after all required signatures have been received will result in a fine of $500.
FINE: $500
Pending
Failure to change the status of a listing to Pending with the date of contract acceptance in the MLS, or failure to submit the completed Property Change Report to the MLS, within 48 hours of said date of acceptance will result in a $500 fine.
FINE: $500
Sold
A sold status report must include the salesperson’s name, member ID, date of closing, selling office number, selling agent ID, selling price, and sale terms. Failure to input this information into the MLS or submit a completed Property Change Report to the MLS within 48 hours after the closing date.
FINE:$20 per day fine up to a maximum fine per occurrence of $200.
“No Showings”
Once a listing is an active listing in the MLS, it must be available to be shown within one calendar day, with exceptions of tenant occupied, commercial listings, where government officials prevent showings, or when a Condominium Association prohibits showings. The Listing Agent must disclose instances where showings are prohibited by tenant occupied, government officials, or Condominium Association in the Public Remarks.
Fine: $500
Listing Input Forms
Data entered in free-form text input fields in the MLS must be descriptive of and pertain to the name of the input field. For example, any input other than a street name in the “Street” field is a violation. Additional examples include, but are not limited to, input other than directions in the “Directions” field, input other than a valid URL to a virtual tour in the “Virtual Tour URL” field, input other than the legal description of the property in the “Legal” field, and input other than lot dimensions in the “Lot Size” field. The following free-form text input fields are monitored for violations of this policy:
Street, Legal, Directions, Lot Size, Remarks, Agent Info, In-House Remarks, and Virtual Tour URL.
FINE: $25 per field, per occurrence.
Special Conditions
Failure to enter the Special Conditions
FINE: $100
Property Identification Description (PID) Number
Failure to enter the PID number in the correct format into the MLS
FINE: $25
Major Intersection
Failure to enter directions from a major intersection in the Directions field of a listing entered into the MLS
FINE: $25
Non-member Agent Name in Listing
Listings may not include names or contact information of any non-MLS Subscriber licensed with the listing broker
FINE: $100
Primary Picture
The Primary Photo in the MLS must be one of the following:
A front exterior photo without any brokerage signage or identifying
information, OR
2) A preferred external view from the dwelling or an aerial photo the listing agent/broker owns or has the right to use.
3) If a preferred external view is used as the Primary Photo, then the second photo must be a front exterior photo without any brokerage signage or identifying information.
A collage of photos may be used as the primary photo if 50% of the photo is of the Exterior of the home. Agent/office information or advertising, including real estate “for sale” signs, cannot be included. Images shall only contain photos, floor plans, or renderings of the listed property. Digital images and photo descriptions may not contain embedded, overlaid, or digitally stamped information, including Open House information. No branding, logos, or slogans which can identify an agent or broker are permitted. Digitally stamped or watermarked images that do not contain listing agent and/or broker identification are acceptable. Aerial photos are permitted.
FINE: $100
Photo Theft
Stealing and/or publishing in the MLS any photo that belongs to another agent/broker without permission is prohibited.
FINE: $250
Removal of Photos
MLS Participants or Subscribers may not remove the majority of the photos and/or the remarks prior to closing.
FINE: $250
Virtual Tour
Virtual tours of listings entered into the MLS must not contain agent, franchise or broker contact information, including email addresses or hyperlinks to the listing agent, listing broker or franchise website. The logo of the virtual tour company is permitted.
FINE: $100
New Construction
Listings of new construction may be entered into the MLS at the time the permit is pulled with a rendering of the home uploaded as the Primary photo and an estimated time of completion entered in the remarks.
FINE: $25
Supra Key
Loaning a Supra eKey to anyone is strictly prohibited.
FINE: up to $1,000 at the discretion of the MLS Committee
Sharing MLS Username/Password
Sharing MLS username and password is strictly prohibited.
FINE: $500.00 fine and access to MLS is suspended.
Lockbox (IBox)
The “IBox” field in the MLS indicates a lock box sanctioned by the DBAAR is on the property. A “YES” input in this field when a lockbox other than that sanctioned by the DBAAR.
FINE: $50
Misrepresentation of Bedrooms – (Condotels)
FINE: $100
Utilities Disclosure
The Listing Agent must disclose in the Agent Remarks if it is the Buyer’s responsibility to turn utilities on for inspection purposes.
FINE: $50
New $1,000 FINE goes into effect February 27th!!
At its January, 2021 meeting, the Daytona Beach Area Association of REALTORS’ Multiple Listing Service Committee established an MLS Fine in the amount of $1,000 for members who advertise other member’s listing without permission from the listing broker.
The new fine is in response to a rash of postings on different social media sites where a member posts a listing that belongs to another brokerage without that brokerage’s permission.
This practice violates both MLS Rules and the Code of Ethics:
MLS Rules – Section 2.7: Advertising of Listings Filed With the Service
“A listing shall not be advertised by any participant other than the listing broker without the prior consent of the listing broker.”
In addition, the Code of Ethics states:
Code of Ethics – Standard of Practice 12-4
“REALTORS shall not offer for sale/lease or advertise property without authority.”
The MLS Committee recommended the new fine be established without warning. In other words, once proof is received by the MLS of the violation, the fine is levied against the offending member. There is no grace period to correct the violation since it has already occurred by the time the fine is levied.
At is January 27th meeting, the Board of Directors approved the MLS Committee recommendation, with a 30-day notification period. So this new fine will take effect on February 27th.
Q: Is this a new rule?
A: No, the MLS Rules has been in place for years. The MLS Committee just attached a fine for violation of the rule.
Q: What about IDX? Can we still display other broker’s listings on an IDX website?
A: Yes! The MLS Rule does NOT apply to consumer-facing IDX websites.
Q: Why was this fine adopted?
A: The MLS Committee adopted this fine because of the proliferation of agents posting other broker’s listings on social media sites (Facebook, Instagram, twitter, Craigslist, etc.) without the Listing Broker’s permission.
Q: What about Facebook? Can we still share listings on Facebook?
A: Listing agents can post their own listings on Facebook at their pleasure. But an agent cannot post another broker’s listing on Facebook without that Listing Broker’s permission. Facebook is NOT IDX.
Q: Can’t I post someone else’s listing as long as I put something like “Listing courtesy of . . .?”
A: No. Again, Facebook is NOT IDX. Regardless of whether or not you include the Listing Broker attribution, you cannot advertise another broker’s listing without permission.
Q: Can I still email other broker’s listings from the MLS to potential buyers?
A: Yes! Sending listings of interest to prospective buyers is not a violation of this rule because it is not the same thing as indiscriminately advertising another broker’s listing.
Q: Can I still send a postcard out after I sell someone else’s listing?
A: Yes! If you were the Selling Agent, you can say you sold the property, and announcing that sale is not advertising the property.
More Questions?
Call the MLS at (386) 677-7131