The following changes are reflected in the May 1, 2019 MLS Rules
4.11 Subject to MLS Rules. By becoming and remaining a Participant, Subscriber or Clerical User, each Participant, Subscriber and Clerical User agrees to be subject to these MLS rules and regulations, the enforcement of which are at the sole discretion of the applicable Committee/Board of Directors.
7.9.1 Modification of DOM for Exempted Listings. Adoption of this Rule is at the discretion of the MLS and requires use of an Authorization to Exclude Listing from the MLS form. Said form to include a statement on the requirements to recalculate Days on Market and a reference to this section of the MLS Rules. DOM stands for Days on Market, not Days on MLS. The DOM calculated in the MLS and reported to various internet sites will be when marketing begins. As a general rule the first Day on Market will be the beginning date of the Listing Agreement, which is either the beginning date identified on the agreement, or the date of the last signature required to make the listing agreement valid, whichever is later. The DOM may be modified as long as no marketing of the property occurs and the qualifying Authorization to Exclude Listing from the MLS form (contact your MLS for the form) is utilized. Marketing is identified as:
a. Any communication made, to the public, containing any information, details, price or terms of any potential sale of the Property, or any communication made to the public regarding the Brokerage firm or Agent's representation of the seller. Marketing includes, but not limited to; 1) Sign on the property; 2) Internet Website posts; 3) Social Media Posts; 4) Flyers or Advertising; 5) Open Houses.
11.11 Pursuing Complaints of Unauthorized Use of Listing Content. MLS Participants and Subscribers may not take legal action against another Participant of Subscriber for alleged rules violation(s) unless the complaining Participant or Subscriber has first exhausted the remedies provided in these rules.
a. Notice. Any Participant or Subscriber who believes another Participant or Subscriber has engaged in the unauthorized use of display of listing content, including photographs, images, audio or video recordings, and virtual tours, shall send notice of such unauthorized use to the MLS. Such notice shall be in writing, specifically identify the allegedly unauthorized content, and be delivered to the MLS not more than sixty (60) days after the alleged misuse was first identified. No Participant or Subscriber may pursue action over the alleged unauthorized use and display of listing content in a court of law without first completing the notice and response procedures outlined in this section of the MLS Rules.
b. Response. Upon receiving a notice, the applicable Committee/Board of Directors will send the notice to the Participant or Subscriber who is accused of unauthorized use. Within ten (10) days from receipt, the Participant or Subscriber must either: 1) remove the allegedly unauthorized content, or 2) provide proof to the Committee/Board of Directors that the use is authorized. Any proof submitted will be considered by the Committee/Board of Directors, and a decision of whether it establishes authority to use the listing content will be made within thirty (30) days.
c. Determination. If the Committee/Board of Directors determines that the use of the content was unauthorized, the Committee/Board of Directors may issue sanctions pursuant to the MLS rules, including a request to remove and/or stop the use of the unauthorized content within ten (10) days after transmittal of the decision. If the unauthorized use stems from a violation of the MLS rules, that too will be considered at the time of establishing an appropriate sanction.
d. Court Action. If Uncured. If after ten (10) days following transmittal of the Committee's/Board of Director's determination the alleged violation remains uncured (i.e. the content is not removed or the rules violation remains uncured), then the complaining party may seek action through a court of law.