Listing Terms and ConditionsListing policies and rules of State Listings, Inc. DBA www.nystatemls.com; and www.mystatemls.com, NY State MLS and My State MLS hereinafter known as The MLS. Please familiarize yourself with The MLS Listing Policies and Guidelines (the "Listing Policies"), The MLS's Terms of Use, and Privacy Policy prior to entering property listings on The MLS website. All member's listings are subject to the Listing Policies. All Members must be licensed Agents and/or Brokers to enter listings into The MLS. All The MLS members agree to the following policy and the terms of use. Listing ReviewAll listings entered on The MLS may be subject to review by The MLS company personnel ("Listing Review") prior to becoming available for full viewing online. Members may be required to provide proof of listing agreements when submitting a listing. The MLS reserves the right, but not the obligation, to review any listing entered on The MLS at any time. Although Member's listings may be subject to Listing Review, Member remains solely responsible for abiding by the Listing Policies and The MLS's Terms of Use. The Listing Policies prohibit Member from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates The MLS's Terms of Use. By entering listings on The MLS, Member warrants and represents that Member owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Member to provide, post, upload, input or submit such content. Member acknowledges that The MLS cannot police or control all of the content provided by Member(s) that is made available on The MLS. Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on The MLS until the issue in question has been addressed. When conducting Listing Review, new listings added to The MLS are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information), Listing Review will send an email message to the Member about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. After the Member receives notice from Listing Review, the Member will be given a reasonable amount of time (routinely, 48 hours) to respond. It is then the sole responsibility of the Member to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the site. However, if the Member fails to respond to the communication from Listing Review, The MLS in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service. Required FieldsAll fields noted by an and asterisk (*) and a red subject field in the Listing Wizard are required fields and must be completed with valid data pertaining to the property being listed ("Required Fields"). Property listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields. Address FieldsAll Address fields on The MLS including Address, City, State and Zip Code are Required Fields. These fields are intended for listing the physical address or intersection of the property being listed. These fields are not for the listing of additional information about the property (see Property Description below). Entering "Confidential", "Call Broker", "Withheld", or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address1 or City Name fields is strictly prohibited. If a member wishes to keep an address undisclosed, they may select to do so via the listing wizard. The MLS reserves the right to remove any and all property listings with non-address related or invalid information in any address specific field with or without contacting the listing broker. Property DescriptionsProperty descriptions are for the descriptions of the property that is for sale or for lease only. The posting of contact name, phone number, fax number, company information or URL links for any contacts including those who are not The MLS members is strictly prohibited in this section. This type of information in any description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in The MLS's removal of all of such Member's active listings on the Service until all such content has been appropriately rectified. Property TypeProperties must be identified with the appropriate property type. Adding the same listings under multiple property types is prohibited (see Duplicates). The MLS reserves the right to change or remove property types deemed to be misleading. PricingA valid Sales Price in the Price Asking field for the listed property is required for all The MLS Sale Listings and a valid rental rate for each space is required for all The MLS Lease Listings. By entering a valid Asking Price in the required field and utilizing this function, properties will return in price range searches. The MLS reserves the right to remove all listings that are deemed to have invalid prices or rental rates including any listing with $0 listed in Lease Rate, Sales Price and Opinion of Value fields. Listing ParametersIn order to maximize the features of The MLS service, Members should note certain parameters in the listing process. Property TypesThe MLS is a web site for commercial and residential real estate. Listing of Commercial Buildings, Businesses, and Leases, Manufactured Homes on Leased Lands and Private Lands, Multi Units with Two to Four Families and with units greater than five, Single Family with Accessory Unit, Attached House, Condo, Coop, Condop and Attached Townhouse, Single Family Detached, and Vacant Land are all permitted to be listed on the MLS. Property AuctionsReal property auctions are permitted on the MLS. All auction listings must clearly state in the Marketing Blurb/Listing Remarks that the property is for auction as well the time and place of the auction and the time or manner for potential bidders to inspect the property. If the property has a minimum or reserve price, that price must be used as the list price. If the property is an "absolute" auction (no minimum bid), the list price should be set at a fair price. When entering an auction listing, please state the following: Whether the proper property is available for showing, and how and when offers may be submitted. When entered a real property auction listing, members must share the Commission Rate a percentage or dollar amount of unconditional compensation to be paid to any broker/salesperson or other legal party representing the successful bidder. Status & Expiration DateStatus is a required field on all listings. Status include Active, Pending (Contract), Sold, Rented, Expire, Withdrawn. Expiration date is a required field, however when an Agent full listing is being displayed to a member who is not the listing agent, the Expiration Date is hidden from view and can only be seen by the listing agent or broker. Contact InformationAll member's contact information, will be searchable within the pass-code-protected site. This information will not be shown to the public, unless posted by the Member directly. Broker/Agent contact information however, is required to be listed to the public. RemarksThe Marketing Postfix is attached to listings and syndicated to sites that will take this information. Third party sites have their own listing policy and some will not take the marketing postfix. The MLS is not responsible for third party sites and their individual listing policy. The Agent Remarks are remarks that are viewable when a listing is emailed by an agent that is not the listing agent. These remarks prohibit any contact information of any kind. The listing broker is prohibited from self promoting in this field. Web addresses, email addresses, phone numbers, name of listing broker or any information that might relate to the listing broker or agent is prohibited from this field. Any contact information in this field may be removed by The MLS staff without the permission of the listing broker. Please use the Marketing Postfix for branding remarks. Detailed Remarks (member's only field) should give a more detailed description of the property and any notes the listing agent wishes to add that was not provided as an input field. Habitual abuse of this policy may lead to the removal of all active listings for the listing broker from the site.At no time will The MLS be responsible for the comments or remarks in the remarks section or any other section of a listing entered by a member. Information entered by members is each member's responsibility and verification of all information in any listing should be verified by the cooperating broker. DuplicatesThe MLS prohibits the listing of a single property more than once on the web site at the same time. A duplicate is defined as the same physical property listed under more than one property ID. The MLS reserves the right to remove any and all properties that are determined to be duplicates with or without contacting the listing broker. Members may, however, list a property for sale and for lease at the same time. The MLS prohibits the listing of the same space more than once on the web site at the same time. A space listing is defined as a single suite or unit of space listed for lease. Total space available in a building cannot exceed the total square footage of the building. The MLS reserves the right to combine duplicate space listings into a single listing or to remove the listing from the system with or without contacting the listing broker. Listing Quantity, Submission, and DisplayMembers must have a valid listing contract before submitting any listing into the MLS. A copy of the listing contract may be required. MLS members are given up to 100 listings per year at no cost. Any individual member who creates more than 100 listings per calendar year will be subjected to pay a five dollar ($5.00) listing fee for each additional listing surpassing 100 listings. If an individual member creates more than 200 listings within a calendar year, they will be charged $5 retroactively for every listing entered in that calendar year. Members discovered to be putting in listings for other non-members of their firm onto their account may incur listing fees, regardless of the number of listings. Office accounts and its participants covered by the office account may not be subject to listing fees. Listings submitted by Members will only be shown to the public if they are active. Member's may search and view any listing status other than hidden/draft listings. Hidden/draft listings are only available to the listing agent/broker or Administrator of a company's listings. Use of PhotographsPhotographs posted, attached, affixed, or uploaded to listings must be actual photographs of the property, renderings of new construction or parcel maps of the actual properties being listed. All such photographs must be either (a) the property of the listing broker or (b) the listing broker must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the Member's website or on The MLS's website for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the building or property being listed, including brokerage company logos, may be removed at the discretion of The MLS. No photos of persons are to be uploaded to any listing at any time. Members may not post photographs that may be deemed offensive or in bad taste to other members or to the general public. The MLS may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. Prohibited ConductMembers are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on The MLS Service. "Billboard" Listings Listings on The MLS are for properties that are currently offered for Sale or Lease. It is not permitted to post listings on the Service that have already been sold or are no longer on the market, i.e. posting listings on the Service for marketing or advertising purposes ("Billboard Listings"). All listings for properties already sold or off-market will be removed. Offensive LanguageUse of profanity or vulgar language in any section of The MLS database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Service immediately. Members posting such language to The MLS web site may be subject to disciplinary action, including indefinite suspension of a Member's account, temporary suspension or a formal warning. Violation of LicenseMembers are prohibited from violating NY State Department of State applicable laws. Members are also prohibited from violating the state applicable laws from any state they may be licensed in. Compensation/ Commission/Universal Co-Broke Agreement with All The MLS MembersMLS Members must offer Compensation on each listing that is offered for sale. Any compensation or commission that is offered is the sole responsibility of the listing broker and the listing broker is solely and wholly responsible for paying that compensation or commission. At no time will State Listings, Inc. or The MLS be responsible for paying compensation or commissions to any party at any time for either listing, selling or leasing or renting a property, business, mobile home or any other listing type. Furthermore, if the listing broker fails to pay the offered compensation or commission to the selling agent or any dispute arises, neither State Listings, Inc nor The MLS will be responsible to pay any compensation, commission or any money whatsoever to either party involved in any transaction. Rental listings may indicate that compensation is to be paid by the buyer's agent's client, if that is typical for the market. All listings are automatically opted into the IDX (internet data exchange) as the default. Listings can be opted out on an individual basis. Failure To Pay CompensationIf a member broker should fail to pay an offered commission that was legally earned by the cooperating broker, the cooperating broker may make a complaint to The MLS. If it is determined that a broker continually makes offers of compensation and then fails to pay that compensation, it may be determined by The MLS staff membership review board and after determination by an independent arbitrator, The MLS at its sole discretion that a member is in violation of this agreement then the offending broker may be subject to suspension of MLS access and service. The only recourse offered to the complaining broker by The MLS and State Listings, Inc. will be the membership suspension and access to The MLS for the offending Broker/Member. At no time will State Listings, Inc or The MLS be responsible for paying any commission, compensation or co-broke to any member at any time regardless of the circumstances. The MLS reserves the right to refuse and or discontinue membership to any broker / agent participant who chooses to utilize a structure of punitive and discriminatory offers of cooperation and compensation, regardless of MLS affiliation. Broker / agent participants agree to compensate other MLS members at the same rate as any other co-brokerage compensation offer made by said broker/agent through any other MLS as listed on the listing agreement. DIVISION OF COMMISSION WITH NON-MEMBERS - The Multiple Listing Service shall make no rule on the division of commission between members and non-members. This remains solely the responsibility of the Listing Broker and their client. Types of Listings AllowedNYStateMLS and My State MLS allow the following listings in our database: Exclusive Right to Sell & Exclusive Agency & Open Listings Open listings will not syndicate to any third party site. Offers of Cooperation and CompensationParticipants agree to unilateral offers of cooperation and compensation with other members. All listings require that offers of cooperation and compensation are made on every listing. Such offers are unconditional except that entitlement to compensation is determined by the cooperating broker's performance as the procuring cause of the sale (or lease) or as otherwise provided for in this rule. The listing broker's obligation to compensate any cooperating broker as the procuring cause of the sale (or lease) may be excused if it is determined through arbitration that, through no fault of the listing broker and in the exercise of good faith and reasonable care, it was impossible or financially unfeasible for the listing broker to collect a commission pursuant to the listing agreement. In such instances, entitlement to cooperative compensation offered through MLS would be a question to be determined by an arbitration hearing panel based on all relevant facts and circumstances including, but not limited to, why it was impossible or financially unfeasible for the listing broker to collect some or all of the commission established in the listing agreement; at what point in the transaction did the listing broker know (or should have known) that some or all of the commission established in the listing agreement might not be paid; and how promptly had the listing broker communicated to cooperating brokers that the commission established in the listing agreement might not be paid. Timing of Listing SubmissionParticipants agree to submit listings to The MLS database within 3 business days of signing the listing contract. Listing contracts may be submitted to the MLS on a case by case basis and they need to be kept in the participant's file. Listings require an expired field so the database will expire listings automatically. Open listings will be removed within 90 days of entering if the listing is not editing in that time frame. Withdrawn listings must be withdrawn within 3 business days of receiving the signed listing withdrawal. Sold listings must be updated within 3 business days of closing date. Contract, Pending and Off Market listings must be updated with the current status within 3 business days of any status change. Participants who fail to keep their listings updated with the appropriate status may be subject to membership suspension. Compliance with RulesAuthority to Impose Discipline - 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 may impose discipline for violations of the rules and other MLS governance provisions. Discipline that may be imposed may only consist of one or more of the following: a. letter of warning b. letter of reprimand c. attendance at MLS orientation or other appropriate courses or seminars which the Participant or Subscriber can reasonably attend taking into consideration cost, location, and duration d. suspension of MLS rights, privileges and services for not less than thirty (30) days nor more than one (1) year e. termination of MLS rights, privileges, and services with no right to reapply for a specified period not to exceed three (3) years. f. A Participant (or user/Subscriber, where appropriate) can be placed on probation. Probation is not a form of discipline. When a Participant (or user/Subscriber, where appropriate) is placed on probation the discipline is held in abeyance for a stipulated period of time not longer than one (1) year. Any subsequent finding of a violation of the MLS rules during the probationary period may, at the discretion of the MLS, result in the imposition of the suspended discipline. Absent any subsequent findings of a violation during the probationary period, both the probationary status and the suspended discipline are considered fulfilled, and the individual's record will reflect the fulfillment. The fact that one (1) or more forms of discipline are held in abeyance during the probationary period does not bar imposition of other forms of discipline which will not be held in abeyance. Compliance with Rules - The following action may be taken for noncompliance with the rules: a. for failure to pay any service charge or fee within one (1) month of the date due, and provided that at least ten (10) days' notice has been given, the service shall be suspended until service charges or fees are paid in full b. for failure to comply with any other rule. Applicability of Rules to Users and/or Subscribers - All Participants and Subscribers shall observe and comply with the Rules and Regulations and policies of the MLS as amended from time to time. It shall be the duty of every Participant to thoroughly instruct such Participant's Subscribers and personnel in the provisions of the Rules as to avoid any conduct injurious to, prejudicial to the best interest of, or tending to bring discredit upon the MLS. Non-principal brokers, licensees, appraisers and others authorized to have access to information published by the MLS are subject to these Rules and Regulations and may be disciplined for violations thereof, provided that the user or subscriber has signed an agreement acknowledging that access to and use of MLS information is contingent on compliance with the Rules and Regulations. Further, failure of any user or subscriber to abide by the Rules and/or sanction imposed for violations thereof can subject the Participant to the same or other discipline. This provision does not eliminate the Participant's ultimate responsibility and accountability for all users or subscribers affiliated with the Participant. When requested, participants shall provide copies of listing agreements and /or any other document relating to the listing agreements by the MLS staff within 2 days, not to include Sundays or federal holidays, of the request. Failure to do so will result in the listing being removed and potential suspension of MLS services. Consideration of Alleged Violations - The MLS shall give consideration to all written complaints having to do with violations of the rules and regulations. By becoming and remaining a Participant, each Participant agrees to be subject to these rules and regulations, the enforcement of which are at the sole discretion of the MLS. Violations of Rules and Regulations - If the staff determines an alleged offense is a violation of Rules and Regulations of the MLS and does not involve a charge of alleged unethical conduct or request for arbitration, staff will process the complaint as described in this Section . The decision may be appealed to the MLS within twenty (20) days of the decision. ArbitrationAgreement to Arbitration - By becoming and remaining a participant, each participant agrees to arbitrate disputes involving contractual issues and questions with MLS participants in different firms arising out of their relationships as MLS participants subject to the following qualifications: a. If all disputants are REALTORS®, they shall arbitrate pursuant to the procedures of their association of REALTORS®. b. If the disputants are not REALTORS®, they shall arbitrate using an independent arbitrator agreed upon by all parties. Awards - The obligation to arbitrate includes the duty to either 1) pay an award to the party(ies) named in the award or 2) deposit the funds with the arbitrating association to be held in an escrow or trust account maintained for this purpose. Failure to satisfy the award or deposit the funds with the arbitrating association within ten (10) days may be considered a violation of the MLS rules and may subject the participant to disciplinary action at the sole discretion of the MLS. Last Updated: September 29, 2020 Information Required
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