Multiple Listing Service of Greater Cincinnati

Transcription

1 Multiple Listing Service of Greater Cincinnati Electronic Keybox System Rules and Regulations The following rules shall apply to MLS Participants, Subscribers and Affiliate Members of the Electronic Keybox System. These rules have been established by the MLS and shall remain in full force and effect until changed or modified by the Directors of MLS. DEFINITIONS: 1) MLS: Multiple Listing Service of Greater Cincinnati. 2) MLS Participant or Subscriber: Any principal or non-principal broker, sales licensee, licensed or certified appraiser who participates in the Electronic Keybox System as a Primary Keyholder. 3) Affiliate Member: An individual who holds an Affiliate Membership in the Cincinnati Area Board of Realtors who participates in the Electronic Keybox System as a Primary Keyholder. 4) Primary Keyholder: A MLS Participant, Subscriber or Affiliate Member of the Electronic Keybox System that has been issued either an ekey or ActiveKEY directly from the MLS. 5) Secondary Keyholder: Any person who or MLS Participant, Subscriber or Affiliate Member who has been issued either an ekey or ActiveKEY through a Primary Keyholder. 6) Keyholder: Any Primary Keyholder or Secondary Keyholder. 7) Electronic Keybox System A key management system. Supra is the current provider. 8) Keybox: Electronic Lockbox or ELB the device that holds the physical keys to a property. 9) ekey: Proprietary name for the Supra electronic key smartphone app used to access keyboxes. 10) ActiveKEY: Proprietary name for the Supra electronic device used to access keyboxes. 11) Key: an ekey or ActiveKey 12) ibox BT LE: Infrared (i) and Blue Tooth (BT) enabled Low Energy (LE) keybox from Supra. 13) System Breach: a situation where the Keybox was tampered with and the house keys removed, where an ActiveKEY is stolen or where unlawful access to a property has occurred. PARTICIPATION: The Electronic Keybox System is a basic service of the MLS. Each MLS Participant, Subscriber or Affiliate Member in good standing with MLS is entitled to one ekey or ActiveKEY activation for the Electronic Keybox System with MLS. Additional key subscriptions may be obtained for additional subscription fees. Electronic Keybox System participation requires the MLS Participant, Subscriber or Affiliate Member to execute a Lease Agreement prior to being issued a Key or Keybox. MLS will also enforce all rules and regulations contained in the Lease Agreement. A Key may not be loaned to any person with the exception of loans made necessary due to electronic failure of a Key. In the event of an electronic failure of the Key, the Keyholder may only loan to, or borrow from, a Keyholder associated with the same company. The MLS or Supra shall be notified immediately of an electronic failure. Keyholders are not permitted to loan Keys to licensed Agents, Appraisers or Brokers that are not members of MLS. MLS of Greater Cincinnati Keybox Rules and Regulations August 14, 2015 Page 1

2 FEES: The Electronic Keybox System is a basic service of MLS and is included in your MLS Dues. MLS Dues shall not be refundable after the 30 th calendar day following the semi-annual dues billing due dates (e.g., April 1 and Oct. 1). If such date is a Saturday, Sunday or holiday, this period shall extend until the next business day. GENERAL POLICIES: Keyboxes may not be placed on a property without written authority from the seller. This authority may be established in the Listing Contract or in a separate document created specifically for the purpose. Upon MLS being notified of a system breach, the Key and/or Keybox used in the breach shall be deactivated immediately. Keyholders shall follow the showing instructions published in the MLS, an electronic showing system, or as provided by the listing brokerage. Keyholders shall not remove contents of the keybox for purposes other than showing the home and shall promptly return the contents to the keybox upon exiting the property. The keybox and/or contents shall not be removed from the property without prior consent of the listing agent. Unauthorized access to a property or Keybox is strictly prohibited. In the event there is evidence that an unauthorized access violation has occurred, punitive action may be issued in accordance with the Compliance and RIGHT TO LIMIT ACCESS: The MLS may refuse to issue or lease Electronic Keys, may terminate existing Key Lease Agreements, and may refuse to activate or reactivate any Key held by a Keyholder, at its sole discretion or by direction of their Participating Broker: 1) Following arrest, and prior to conviction, for any felony or misdemeanor; 2) After conviction of a felony or misdemeanor; 3) For any act, in the determination of the MLS, that relates to the real estate business or puts clients, customers, or other real estate professionals at risk. Factors that may be considered in making such determinations include, but are not limited to: the nature and seriousness of the crime; the relationship of the crime to the purposes for limiting Keybox access; the extent to which access (or continued access) might afford opportunities to engage in a similar act; the extent and nature of past criminal activity; time since criminal activity was engaged in; evidence of rehabilitation while incarcerated or following release; or KEYBOXES AND KEYS: Keyholders are not required, but are encouraged, to place Electronic Keyboxes on listed property. Programming changes requested by an ActiveKEY holder may only be made by the MLS or Supra staff. ekey holders can make changes to their ekey at their discretion using the available software (Supraweb or Supra App). MLS of Greater Cincinnati Keybox Rules and Regulations August 14, 2015 Page 2

3 The predetermined timed keybox access is 6:30 a.m. to 9:30 p.m. EDT. Each Keyholder may, at the Keyholder's discretion, turn on or turn off the predetermined timed access on each Keybox using their Key. When the timed access is turned off, the Keybox allows entry twenty-four (24) hours each day. ActiveKEYS and ekeys may not be sold or transferred. Keyboxes may ONLY be transferred to other MLS Participants or Subscriber Members for use within the Cincinnati Electronic Keybox System until the Contractual Lease Period has expired in Keybox owners must complete and submit the Keybox Transfer Form available online. Note: Cincinnati s Supra Contract is separate from Kentucky s Supra Contract. The keyboxes MUST stay with the association in which it is contractually assigned. Each association is financially responsible for each Keybox assigned to them. A Keyholder who is leaving the real estate business, or otherwise terminating their Lease Agreement, must turn in their ActiveKEY immediately and/or notify MLS to inactivate their ekey. Failure to return the ActiveKEY will result in the loss of the Security Deposit. In the event a Keyholder loses an ActiveKEY, the initial deposit fee will be retained as liquidated damages. If a replacement ActiveKEY is issued, Keyholder must pay an additional deposit fee. In the event that there is evidence that a Key sharing violation has occurred, punitive action may be taken in accordance with the Compliance and ADDITIONAL KEYS: It is the responsibility of the Primary MLS Participant or Subscriber to return the ActiveKEY or request the ekey be inactivated if they no longer require an additional Key for a Secondary Keyholder. AFFILIATES: Any Affiliate who wishes to participate in the Electronic Keybox System of the MLS must be an Affiliate Member in good standing with the Cincinnati Area Board of REALTORS and must undergo a criminal background check under the guidelines established by the MLS Board of Directors. The MLS Manager will review Affiliate background checks. If there are offenses reported that may have a negative impact on participation, the approval for participation will be referred to the MLS Operations Committee. Affiliate Members must complete the Affiliate Application, pay the fees as established by the MLS Directors and execute a Lease Agreement prior to being issued a key. If an Affiliate Member key subscription lapses (outside the normal billing process), a new background check must be processed before being re-activated. There is no grace period. Employees or subcontractors of Affiliate Members are permitted to obtain a key through the Primary Affiliate Member. If the Primary Affiliate Member authorizes access for Secondary Keyholder(s), the Primary Affiliate Member assumes responsibility for payments and legal responsibility and liability for their Secondary Keyholder(s). The Affiliate Member s Key may not be loaned to another Affiliate Member with the exception of loans made necessary due to electronic failure of the Key. In the event of an electronic failure of the key, the Keyholder may only loan to, or borrow from, a Keyholder associated with the same company. In the event that there is evidence that a MLS of Greater Cincinnati Keybox Rules and Regulations August 14, 2015 Page 3

4 Key sharing violation has occurred, punitive action may be issued in accordance with the Compliance and Affiliate Members are required to abide by all other Electronic Keybox System Rules and Regulations contained herein. Failure to abide by the rules may result in punitive action issued in accordance with the Compliance and Affiliate Member Electronic Keybox System billing process will follow the same rules as MLS subscribers, including late fees and timelines as outlined on the Affiliate Application. UNLICENSED ASSISTANTS: Unlicensed Assistants are permitted to obtain a Key through a Primary MLS Participant or Subscriber. If the MLS Participant or Subscriber authorizes access for Secondary Keyholder(s), the MLS Participant or Subscriber assumes responsibility for payments and legal responsibility and liability for their Secondary Keyholder(s). The Key must be issued in the name of the Primary MLS Participant or Subscriber who has the Unlicensed Assistant. The fee for the Unlicensed Assistant will be billed to the Primary MLS Participant or Subscriber in their semi-annual dues as an extra key. Prorated fees will be collected at the time the Key is issued. Unlicensed Assistants may not loan their Key to another member of the same firm or to any other person with the exception of loans made necessary due to electronic failure of the Key. In the event of an electronic failure of the Key, the Unlicensed Assistant may only loan a Key to, or borrow a Key from, another Keyholder associated with the same company. In the event that there is evidence that a Key sharing violation has occurred, punitive action may be taken in accordance with the Compliance and Enforcement section of these rules against the Primary Keyholder. TERMINATION OF SERVICE: A Keyholder may terminate the lease at any time provided all fees are paid to date, the ActiveKEY and/or Keyboxes are returned to MLS and deactivated and all other obligations as outlined in the Keyholder's contract have been met. The Keyholder must notify the MLS, in writing, of their desire to terminate service. Keyholder is responsible for returning the ActiveKEY immediately. COMPLIANCE AND ENFORCEMENT: The Lockbox Committee shall be responsible to the MLS Board of Directors for the overall operation of the Electronic Keybox System. The MLS Operations Committee shall be responsible to the MLS Board of Directors for the enforcement of the adopted Rules and Regulations, operating policies, procedures and systems. The MLS Manager will facilitate all violation reports or complaints, and may resolve any issues prior to being escalated to the MLS Operations Committee. If the MLS Manager cannot facilitate a resolution, the issue will be escalated to the MLS Operations Committee for review and recommendation. The MLS Operations Committee shall give consideration to all written complaints from MLS Participants, Subscribers or Affiliate Members (Complainant) having to do with violations of the Rules and Regulations, provided the complaint is filed within 180 days of the facts relating to the alleged offense could have been known. Upon receipt by the MLS of a written complaint, the Respondent (accused) shall be advised, in writing, of the nature of the complaint and shall answer the complaint, in writing, within ten (10) days from receipt of the complaint. The Committee shall then afford the Respondent the opportunity to present their defense before it prepares its findings and actions to the complaint. If found guilty of a violation of the Electronic Keybox Rules and Regulations, the MLS Operations MLS of Greater Cincinnati Keybox Rules and Regulations August 14, 2015 Page 4

5 Committee shall prepare a recommendation to the MLS Board of Directors as to the disposition of the matter. Within twenty (20) days of transmittal of this notification, the respondent may file an appeal with the President of the MLS Board of Directors for a hearing before the Directors challenging the decision and/or recommendation for discipline. The MLS Operations Committee is scheduled to meet bi-monthly, but other special meetings of the Committee may be called by the Committee Chair or President. The MLS Operations Committee is empowered to decide the case and impose penalties, consisting of one or more of the following: 1) Letter of Warning with copy to be placed in the MLS Participant, Subscriber or Affiliate Member file; 2) Letter of Reprimand with copy to be placed in the MLS Participant, Subscriber or Affiliate Member file; 3) A fine imposed on the MLS Participant, Subscriber or Affiliate Member not to exceed $15,000; 4) Recommendation to the MLS Board of Directors that the MLS Participant, Subscriber or Affiliate Member is suspended from the Electronic Keybox System for a stated period of time. Following such suspension, the MLS Participant, Subscriber or Affiliate Member may rejoin the Electronic Keybox System only on the condition that a reinstatement fee of $100 and all past due accounts are paid. Although membership rights, privileges and services are withdrawn as specified in the notice of suspension, membership continues, and the suspended MLS Participant, Subscriber or Affiliate Member remains obligated for payment of membership dues, and to abide by the Rules and Regulations during the period of suspension. Any failure to abide by the terms of suspension, or subsequent violation of the Rules and Regulations, shall be grounds for consideration as to possible extension of the suspension or expulsion from the Electronic Keybox System; 5) Referral to the Grievance Committee of the Cincinnati Area Board of Realtors as a Professional Standards Complaint (Article 1, Standard of Practice 1-16 and Article 3, Standard of Practice 3-9); 6) Referral to the Ohio Division of Real Estate and Professional Licensing as required by the NAR Code of Ethics Bylaws, Article IV, Section 2. MLS of Greater Cincinnati Keybox Rules and Regulations August 14, 2015 Page 5