page 2 of 9 previous page | (next page)
Sellers do not have the unilateral right to require the MLS to withdraw a listing without the listing Participant's concurrence. However, when a seller(s) can document that his exclusive relationship with the listing Participant has been terminated, the MLS may remove the listing at the request of the seller.
Section 1.6 - Contingencies Applicable to Listings: Any contingency of any term in the listing shall be specified and noticed to the Participants within two (2) business days. Any listing with a "contingent status" must have a Seller’s Right to Continue Marketing and Accept Other Offers AND all terms of the contingencyshall be specified and noticed to the Participants in the addendum field. All other listings with signed offers to purchase shall be marked “pending.” Failure to submit a contingency or conditions of any term in the listing may result in a fine per transaction, suspension or termination of service, or a combination thereof as determined by the MCBR Board of Directors in its discretion.
Section 1.7 - Listing Price Specified: The full gross listing price stated in the listing contract will be included in the information published in the MLS compilation of current listings, unless the property is subject to auction.
Section 1.8 - Listing Multiple Unit Properties: All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data form. When part of a listed property has been sold, proper notification should be given to the MLS.
Section 1.9 - No Control of Commission Rates or Fees Charged by Participants: The MLS shall not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by Participants. Further, the MLS shall not fix, control, recommend, suggest, or maintain the division of commissions or fees between cooperating Participants or between Participants and non-participants.
Section 1.10 - Expiration, Extension, and Renewal of Listings: Any listing filed with the MLS automatically expires on the date specified in the listing agreement, unless renewed by the listing Participant and notice of renewal or extension is filed with the MLS prior to expiration or within ten (10) days of expiration.
If notice of renewal or extension is dated after ten (10) days of the expiration date of the original listing, then a new listing must be secured for the listing to be filed with the MLS. It should then be published as a new listing. Any extension or renewal of a listing must be signed by the seller(s) and be filed with the MLS.
Section 1.11 - Termination Date on Listings: Listings filed with the MLS shall bear a definite and final termination date, as negotiated between the listing broker and the seller.
Section 1.12 - Jurisdiction: Only listings of the designated types of property located within the territorial jurisdiction or a natural market area of the MCBR are required to be submitted to the MLS. Listings of property located outside the MCBR's jurisdiction or a natural market area will be accepted if submitted voluntarily by a Participant, but cannot be required by the MLS. For purposes of this section, the territorial jurisdiction shall be that territory of MCBR operation as set forth by the National Association of REALTORS® (NAR). Natural market area shall include, but not be limited to, Riggins, Burgdorf, Warren and Secesh, or other areas that are part of a relevant natural market area as determined by the MCBR Board of Directors.
Section 1.13 - Listings of Suspended Participants: When a Participant of the MLS is suspended from the MLS for failing to abide by a membership duty (i.e., violation of the NAR Code of Ethics, MCBR Bylaws, MLS Rules and Regulations, or other membership obligation except failure to pay appropriate dues, fees, or charges), all listings currently filed with the MLS by the suspended Participant shall, at the Participant's option, be retained in the MLS until sold, withdrawn or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the suspension became effective. If a Participant has been suspended from MCBR or the MLS (or both) for failure to pay appropriate dues, fees, or charges, the MLS is not obligated to provide MLS services, including continued inclusion of the suspended Participant's listings in the MLS compilation of current listing information. Prior to any removal of a suspended Participant's listings from the MLS, the suspended Participant shall be advised, in writing, of the intended removal so that the suspended Participant may advise his clients.
Section 1.14 - Listings of Expelled Participants: When a Participant of the Service is expelled or terminated from the MLS for failing to abide by a membership duty (i.e., violation of the NAR Code of Ethics, MCBR Bylaws, MLS Rules and Regulations, or other membership obligations except failure to pay appropriate dues, fees, or charges), all listings currently filed with the MLS shall, at the expelled Participant's option, be retained in the Service until sold, withdrawn, or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the expulsion became effective. If a Participant has been expelled from MCBR or the MLS (or both) for failure to pay appropriate dues, fees, or charges, the MLS shall not be obligated to provide MLS services, including continued inclusion of the expelled Participant's listings in the MLS compilation of current listing information. Prior to any removal of an expelled Participant's listings from the MLS, the expelled Participant shall be advised, in writing, of the intended removal so that the expelled Participant may advise his clients.
Section 1.15 - Listings of Resigned Participants: When a Participant resigns from the MLS, the MLS is not obligated to provide services, including continued inclusion of the resigned Participant's listings in the MLS compilation of current listing information. Prior to any removal of a resigned Participant's listings from the MLS, the resigned Participant shall be advised, in writing, of the intended removal so that the resigned Participant may advise his clients.
Section 1.16 - Prohibited Advertisements: All information input by a Participant into the MLS must be directly related to the property listed for sale with the MLS. No other types of advertising shall be permitted to be inputted into the MLS system, including, but not limited to, referrals to mortgage brokers or other allied finance-related services, re-directions to websites of any type through attached Internet web-links or "banners," and referrals to building contractors or other allied real-property improvement services. Further, any photograph included with any listing information must relate directly to the property listed with the MLS.
Section 1.17 - Prohibition of Co-listing with Non-subscribing agents. A Participant in the MLS shall not co-list a property in the MLS with a real estate broker or real estate salesperson affiliated with such Participant's real estate office but who is not a Participant or Subscriber of the MCBR MLS.
Selling Procedures
Section 2 - Showings and Negotiations: Appointments for showings and negotiations with the seller for the purchase of listed property filed with the MLS shall be conducted through the listing Participant, except under the following circumstances:
(a) Showing property: the listing Participant gives the cooperating Broker specific authority to show the property.
(b) Negotiations: after reasonable effort, and a documented attempt to contact the listing Participant or his agent, or any appointed representative of that agent within his office over a forty-eight (48) hour period, and if every effort has been made by the cooperating Broker to contact the listing Participant or his Agent, then the selling Broker or another appointed Broker or Agent may present the offer. However, the listing Participant, at his option, may preclude such direct negotiations by cooperating Brokers.
Note 1: Clarification of Section 2(b): It is anticipated that 1) a minimum of one message in the morning, one message in the afternoon, and one message in the evening would be left for the listing Participant or his agent on the first day; 2) the selling Agent must be available to receive and return calls, and must have an answering service of some sort at his/her office; 3) that verbal and written messages (copies kept) be left morning, afternoon, and evening of the second day.
Sellers do not have the unilateral right to require the MLS to withdraw a listing without the listing Participant's concurrence. However, when a seller(s) can document that his exclusive relationship with the listing Participant has been terminated, the MLS may remove the listing at the request of the seller.
Section 1.6 - Contingencies Applicable to Listings: Any contingency of any term in the listing shall be specified and noticed to the Participants within two (2) business days. Any listing with a "contingent status" must have a Seller’s Right to Continue Marketing and Accept Other Offers AND all terms of the contingencyshall be specified and noticed to the Participants in the addendum field. All other listings with signed offers to purchase shall be marked “pending.” Failure to submit a contingency or conditions of any term in the listing may result in a fine per transaction, suspension or termination of service, or a combination thereof as determined by the MCBR Board of Directors in its discretion.
Section 1.7 - Listing Price Specified: The full gross listing price stated in the listing contract will be included in the information published in the MLS compilation of current listings, unless the property is subject to auction.
Section 1.8 - Listing Multiple Unit Properties: All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data form. When part of a listed property has been sold, proper notification should be given to the MLS.
Section 1.9 - No Control of Commission Rates or Fees Charged by Participants: The MLS shall not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by Participants. Further, the MLS shall not fix, control, recommend, suggest, or maintain the division of commissions or fees between cooperating Participants or between Participants and non-participants.
Section 1.10 - Expiration, Extension, and Renewal of Listings: Any listing filed with the MLS automatically expires on the date specified in the listing agreement, unless renewed by the listing Participant and notice of renewal or extension is filed with the MLS prior to expiration or within ten (10) days of expiration.
If notice of renewal or extension is dated after ten (10) days of the expiration date of the original listing, then a new listing must be secured for the listing to be filed with the MLS. It should then be published as a new listing. Any extension or renewal of a listing must be signed by the seller(s) and be filed with the MLS.
Section 1.11 - Termination Date on Listings: Listings filed with the MLS shall bear a definite and final termination date, as negotiated between the listing broker and the seller.
Section 1.12 - Jurisdiction: Only listings of the designated types of property located within the territorial jurisdiction or a natural market area of the MCBR are required to be submitted to the MLS. Listings of property located outside the MCBR's jurisdiction or a natural market area will be accepted if submitted voluntarily by a Participant, but cannot be required by the MLS. For purposes of this section, the territorial jurisdiction shall be that territory of MCBR operation as set forth by the National Association of REALTORS® (NAR). Natural market area shall include, but not be limited to, Riggins, Burgdorf, Warren and Secesh, or other areas that are part of a relevant natural market area as determined by the MCBR Board of Directors.
Section 1.13 - Listings of Suspended Participants: When a Participant of the MLS is suspended from the MLS for failing to abide by a membership duty (i.e., violation of the NAR Code of Ethics, MCBR Bylaws, MLS Rules and Regulations, or other membership obligation except failure to pay appropriate dues, fees, or charges), all listings currently filed with the MLS by the suspended Participant shall, at the Participant's option, be retained in the MLS until sold, withdrawn or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the suspension became effective. If a Participant has been suspended from MCBR or the MLS (or both) for failure to pay appropriate dues, fees, or charges, the MLS is not obligated to provide MLS services, including continued inclusion of the suspended Participant's listings in the MLS compilation of current listing information. Prior to any removal of a suspended Participant's listings from the MLS, the suspended Participant shall be advised, in writing, of the intended removal so that the suspended Participant may advise his clients.
Section 1.14 - Listings of Expelled Participants: When a Participant of the Service is expelled or terminated from the MLS for failing to abide by a membership duty (i.e., violation of the NAR Code of Ethics, MCBR Bylaws, MLS Rules and Regulations, or other membership obligations except failure to pay appropriate dues, fees, or charges), all listings currently filed with the MLS shall, at the expelled Participant's option, be retained in the Service until sold, withdrawn, or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the expulsion became effective. If a Participant has been expelled from MCBR or the MLS (or both) for failure to pay appropriate dues, fees, or charges, the MLS shall not be obligated to provide MLS services, including continued inclusion of the expelled Participant's listings in the MLS compilation of current listing information. Prior to any removal of an expelled Participant's listings from the MLS, the expelled Participant shall be advised, in writing, of the intended removal so that the expelled Participant may advise his clients.
Section 1.15 - Listings of Resigned Participants: When a Participant resigns from the MLS, the MLS is not obligated to provide services, including continued inclusion of the resigned Participant's listings in the MLS compilation of current listing information. Prior to any removal of a resigned Participant's listings from the MLS, the resigned Participant shall be advised, in writing, of the intended removal so that the resigned Participant may advise his clients.
Section 1.16 - Prohibited Advertisements: All information input by a Participant into the MLS must be directly related to the property listed for sale with the MLS. No other types of advertising shall be permitted to be inputted into the MLS system, including, but not limited to, referrals to mortgage brokers or other allied finance-related services, re-directions to websites of any type through attached Internet web-links or "banners," and referrals to building contractors or other allied real-property improvement services. Further, any photograph included with any listing information must relate directly to the property listed with the MLS.
Section 1.17 - Prohibition of Co-listing with Non-subscribing agents. A Participant in the MLS shall not co-list a property in the MLS with a real estate broker or real estate salesperson affiliated with such Participant's real estate office but who is not a Participant or Subscriber of the MCBR MLS.
Selling Procedures
Section 2 - Showings and Negotiations: Appointments for showings and negotiations with the seller for the purchase of listed property filed with the MLS shall be conducted through the listing Participant, except under the following circumstances:
(a) Showing property: the listing Participant gives the cooperating Broker specific authority to show the property.
(b) Negotiations: after reasonable effort, and a documented attempt to contact the listing Participant or his agent, or any appointed representative of that agent within his office over a forty-eight (48) hour period, and if every effort has been made by the cooperating Broker to contact the listing Participant or his Agent, then the selling Broker or another appointed Broker or Agent may present the offer. However, the listing Participant, at his option, may preclude such direct negotiations by cooperating Brokers.
Note 1: Clarification of Section 2(b): It is anticipated that 1) a minimum of one message in the morning, one message in the afternoon, and one message in the evening would be left for the listing Participant or his agent on the first day; 2) the selling Agent must be available to receive and return calls, and must have an answering service of some sort at his/her office; 3) that verbal and written messages (copies kept) be left morning, afternoon, and evening of the second day.
106 East Park Steet Suite 210 | PO Box 873 McCall, Idaho 83638 | 208-630-5031