Combined Brownsville and Harlingen Rio Grande Valley Multiple Listing Service Rules and Regulations August, 2016 REV. C

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1 Combined Brownsville and Harlingen Rio Grande Valley Multiple Listing Service Rules and Regulations August, 2016 REV. C Listing Procedures Section 1 Listing Procedures Lis ngs of real or personal property of the following types, which are listed subject to a real estate broker's license, and are located within the territorial jurisdic on of the Mul ple Lis ng Service, and are taken by par cipants on (Indicate form(s) of lis ng accepted by the service- See notes 1 and 2) shall be delivered to the Mul ple Lis ng Service within 48 hours a er all necessary signatures of seller(s) have been obtained: (Amended 11/01) (a) Single family homes for sale or exchange (b) Vacant lots and acreage for sale or exchange (c) Two-family, three-family, and four-family residen al building for sale or exchange. NOTE 1: The mul ple lis ng service shall not require a par cipant to submit lis ngs on a form other than the form the par cipant individually chooses to u lize provided the lis ng is of a type accepted by the service, although a property data form may be required as approved by the mul ple lis ng service. However, the mul ple lis ng service, through its legal counsel: may reserve the right to refuse to accept a lis ng form which fails to adequately protect the interests of the public and the par cipants assure that no lis ng form filed with the mul ple lis ng service establishes, directly or indirectly, any contractual rela onship between the mul ple lis ng service and the client (buyer or seller) The mul ple lis ng service shall accept exclusive right-to-sell lis ng contracts and exclusive agency lis ng contracts, and may accept other forms of agreement which make it possible for the lis ng broker to offer compensa on to the other par cipants of the mul ple lis ng service ac ng as subagents, buyer agents, or both. (Amended 11/96) The lis ng agreement must include the seller s wri en authoriza on to submit the agreement to the mul ple lis ng service. (Amended 11/96) The different types of lis ng agreements include: exclusive right-to-sell open exclusive agency net The service may not accept net listings because they are deemed unethical and, in most states, illegal. Open listings are not accepted except where required by law because the inherent nature of an open lis ng is such as to usually not include the authority to cooperate and compensate other brokers and inherently provides a disincen ve for coopera on. (Amended 4/92)

2 The exclusive right-to-sell listing is the conven onal form of lis ng submi ed to the mul ple lis ng service in that the seller authorizes the lis ng broker to cooperate with and to compensate other brokers. (Amended 4/92) The exclusive agency listing also authorizes the lis ng broker, as exclusive agent, to offer coopera on and compensa on on blanket unilateral bases, but also reserves to the seller the general right to sell the property on an unlimited or restric ve basis. Exclusive agency lis ngs and exclusive right-to-sell lis ngs with named prospects exempt should be clearly dis nguished by a simple designa on such as a code or symbol from exclusive right-to-sell lis ngs with no named prospects exempt, since they can present special risks of procuring cause controversies and administra ve problems not posed by exclusive right-to- sell lis ngs with no named prospects exempt. Care should be exercised to ensure that different codes or symbols are used to denote exclusive agency and exclusive right-to-sell lis ngs with prospect reserva ons. (Amended 4/92) NOTE 2: A Mul ple Lis ng Service does not regulate the type of lis ngs its Members may take. This does not mean that a Mul ple Lis ng Service must accept every type of lis ng. The Mul ple Lis ng Service shall decline to accept open lis ng (except where acceptance is required by law) and net lis ngs and it may limit its service to lis ngs of certain kinds of property. But if it chooses to limit the kind of lis ngs it will accept, it shall leave its Members free to accept such lis ngs to be handled outside the Mul ple Lis ng Service. NOTE 3: A mul ple lis ng service may, as a ma er of local op on, accept exclusively listed property that is subject to auc on. If such lis ngs do not show a listed price, they may be included in a separate sec on of the MLS compila on of current lis ngs. (Adopted 11/92) Section 1.1 Types of Properties Following are some of the types of proper es that may be published through the service, including types described in the preceding paragraph that are required to be filed with the service and other types that may be filed with the service at the par cipant s op on provided, however, that any lis ng submi ed is entered into within the scope of the par cipant s licensure as a real estate broker: (Amended 11/91) residen al mul -family land commercial lease commercial Section Limited Service Listings Lis ng agreements under which the lis ng broker will not provide one, or more, of the following services: a. arrange appointments for coopera ng brokers to show listed property to poten al purchases but instead gives coopera ng brokers authority to make such appointments directly with the seller(s) b. accept and present to the seller(s) offers to purchase procured by coopera ng brokers but instead gives coopera ng brokers authority to present offers to purchase directly to the seller(s) c. adver se the seller(s) as to the merits of offers to purchase d. assists the seller(s) in developing, communica ng, or presen ng counter-offers e. par cipate on the seller s(s ) behalf in nego a ons leading to the sale of the listed property will be iden fied with an appropriate code or symbol (e.g. LR or LS) in MLS compila ons so poten al

3 coopera ng brokers will be aware of the extent of the services the lis ng broker will provide to the seller(s), an any poten al for coopera ng brokers being asked to provide some or all of these services to lis ng brokers clients, prior to ini a ng efforts to show or sell the property. Note: Adop on of Sec on 1.2.1, limited service lis ngs, is op onal and a ma er to be determined by each MLS. (Adopted 05/01) Section 1.12 Jurisdiction Only lis ngs of the designated types of property located within the jurisdic on of the Board of REALTORS are required to be submi ed to the Service. Lis ngs of property located outside the Board's jurisdic on will be accepted if submi ed voluntarily by a par cipant, but cannot be required by the Service. The Board shall accept lis ng only within the State of Texas. (Amended 06/03) Section 1.14 Listings of Expelled Participants: When a par cipant of the service is expelled from the MLS for failing to abide by a membership duty (i.e., viola on of the Code of Ethics, associa on bylaws, MLS bylaws, MLS rules and regula ons, or other membership obliga ons except failure to pay appropriate dues, fees, or charges), all lis ngs currently filed with the MLS by the expelled par cipant shall, at the par cipant s op on, be retained in the service un l sold, withdrawn, or expired, and shall not be renewed or extended by the MLS beyond the termina on date of the lis ng agreement in effect when the expulsion became effec ve. If a par cipant has been expelled from the associa on (except where MLS par cipa on without associa on membership is permi ed by law) or MLS (or both) for failure to pay appropriate dues, fees, or charges, an associa on MLS is not obligated to provide MLS services, including con nued inclusion of the expelled par cipant s lis ngs in the MLS compila on of current lis ng informa on. Prior to any removal of an expelled par cipant s lis ngs from the MLS, the expelled par cipant should be advised, in wri ng, of the intended removal so that the expelled par cipant may advise his clients. Selling Procedures Section 2 Showings and Negotiations Appointments for showings and nego a ons with the seller for the purchase of listed property filed with the mul ple lis ng services shall be conducted through the lis ng broker, except under the following circumstances: a. the lis ng broker gives the coopera ng broker specific authority to show and/or nego ate directly, or b. a er reasonable effort, the coopera ng broker cannot contact the lis ng broker or his representa ve; however, the lis ng broker, at his op on, may preclude such direct nego a ons by coopera ng brokers. (Amended 4/92) Section 2.1 Presentation of Offers The lis ng broker must make arrangements to present the offer as soon as possible, or give the coopera ng broker a sa sfactory reason for not doing so. (Amended 2/92) Section 2.2 Submission of Written Offers The lis ng broker shall submit to the seller all wri en offers un l closing unless precluded by law, government rule, regula on, or agreed otherwise in wri ng between the seller and the lis ng broker.

4 Unless the subsequent offer is con ngent upon the termina on of an exis ng contract, the lis ng broker shall recommend that the seller obtain the advice of legal counsel prior to acceptance of the subsequent offer. (Adopted 11/87) Par cipants represen ng buyers or tenants shall submit to the buyer or tenant all offers and counter-offers un l acceptance, and shall recommend that buyers and tenants obtain legal advice where there is a ques on about whether a pre-exis ng contract has been terminated. (Amended 11/05) Section 2.3 Right of Cooperating Broker in Presentation of Offer The coopera ng broker (subagent or buyer agent) or his representa ve has the right to par cipate in the presenta on to the seller or lessor of any offer he secures to purchase or lease. He does not have the right to be present at any discussion or evalua on of that offer by the seller or lessor and the lis ng broker. However, if the seller or lessor gives wri en instruc ons to the lis ng broker that the coopera ng broker not be present when an offer the coopera ng broker secured is presented, the coopera ng broker has the right to a copy of the seller s or lessor s wri en instruc ons. None of the foregoing diminishes the lis ng broker s right to control the establishment of appointments for such presenta ons. (Amended 4/92) Section 2.4 Right of Listing Broker in Presentation of Counter-offer The lis ng broker or his representa ve has the right to par cipate in the presenta on of any counter-offer made by the seller or lessor. He does not have the right to be present at any discussion or evalua on of a counter-offer by the purchaser or lessee (expect when the coopera ng broker is a subagent). However, if the purchaser or lessee gives wri en instruc ons to the coopera ng broker that the lis ng broker not be present when a counter-offer is presented, the lis ng broker has the right to a copy of the purchaser s or lessee s wri en instruc ons. (Adopted 11/93) Section 2.5 Reporting Sales to the Service: Status changes, including final closing of sales, shall be reported to the mul ple lis ng service by the lis ng broker within 72 hours a er they have occurred. If nego a ons were carried on under Sec on 2(a) or (b) hereof, the coopera ng broker shall report accepted offers to the lis ng broker within 72 hours a er occurrence and the lis ng broker shall report them to the MLS within 72 hours a er receiving no ce from the coopera ng broker. (Amended 11/11) Note 2: In disclosure states, if the sale price of a listed property is recorded, the repor ng of the sale price may be required by the MLS. In states where the actual sale prices of completed transac ons are not publicly accessible, failure to report sale prices can result in disciplinary ac on only if the MLS: 1. categorizes sale price informa on as confiden al and 2. limits use of sale price informa on to par cipants and subscribers in providing real estate services, including appraisals and other valua ons, to customers and clients; and to governmental bodies and third-party en es only as provided below. The MLS may provide sale price informa on to governmental bodies only to be used for sta s cal purposes (including use of aggregated data for purposes of valuing property) and to confirm the accuracy of informa on submi ed by property owners or their representa ves in connec on with property valua on challenges; and to third-party en es only to be used for academic research, sta s cal analysis, or for providing services to par cipants and subscribers. In any instance where a governmental body or third-party en ty makes sale price informa on provided by the MLS available other than as provided for in this provision, a lis ng par cipant may request the sale price informa on for a specific

5 property be withheld from dissemina on for these purposes with wri en authoriza on from the seller, and withholding of sale price informa on from those en es shall not be construed as a viola on of the requirement to report sale prices. (Adopted 11/11) Note 3: As established in the Virtual Office Website ( VOW ) policy, sale prices can only be categorized as confiden al in states where the actual sale prices of completed transac ons are not accessible from public records. (Adopted 11/11) Section 2.6 Reporting Resolutions of Contingencies The lis ng broker shall report to the mul ple lis ng services within twenty-four (24) hours that a con ngency on file with the mul ple lis ng services has been fulfilled or renewed, or the agreement cancelled. Section 2.7 Advertising of Listing Filed With the Service A lis ng shall not be adver sed by any par cipant other that the lis ng broker without the prior consent of the lis ng broker. Section 2.8 Reporting Cancellation of Pending Sale The lis ng broker shall report immediately to the mul ple lis ng services the cancella on of any pending sale and the lis ng shall be reinstated immediately. Section 2.9 Disclosing the Existence of Offers Lis ng brokers, in response to inquiries from buyers or coopera ng brokers, shall, with the seller s approval, disclose the existence of offers on the property. Where disclosure is authorized, the lis ng broker shall also disclose, if asked, whether offers were obtained by the lis ng licensee, by another licensee in the lis ng firm, or by a coopera ng broker. (Amended 11/08) Section 2.10 Availability of Listed Property Lis ng brokers shall not misrepresent the availability of access to show or inspect listed property. (Adopted 11/05) Refusal To Sell Section 3 Refusal to Sell If the seller of any listed property filed with the mul ple lis ng service refuses to accept a wri en offer sa sfying the terms and condi ons stated in the lis ng, such fact shall be transmi ed immediately to the service and to all par cipants. Prohibitions Section 4 Information for Participants Only Any lis ng filed with the service shall not be made available to any broker or firm not a member of the MLS without the prior consent of the lis ng broker. Section 4.1 For Sale Signs

6 Only the for sale sign of the lis ng broker may be placed on a property. (Amended 11/89) No for sale signs in pictures submitted to MLS. Section 4.2 Sold Signs Prior to closing, only the sold sign of the lis ng broker may be placed on a property, unless the lis ng broker authorizes the coopera ng (selling) broker to post such a sign. (Amended 4/96) Section 4.3 Solicitation of Listing Filed With the Service Par cipants shall not solicit a lis ng on property filed with the service unless such solicita on is consistent with Ar cle 16 of the REALTOR Code of Ethics, its Standards of Prac ce, and its Case Interpreta ons. Note: This sec on is to be construed in a manner consistent with Ar cle 16 of the Code of Ethics and par cularly Standard of Prac ce This sec on is intended to encourage sellers to permit their proper es to be filed with the service by protec ng them from being solicited, prior to expira on of the lis ng, by brokers and salespersons seeking the lis ng upon its expira on. Without such protec on, a seller could receive hundreds of calls, communica ons, and visits from brokers and salespersons who have been made aware through MLS filing of the date the lis ng will expire and desire to subs tute themselves for the present broker. This sec on is also intended to encourage brokers to par cipate in the service by assuring them that other par cipants will not a empt to persuade the seller to breach the lis ng agreement or to interfere with their a empts to market the property. Absent the protec on afforded by this sec on, lis ng brokers would be most reluctant to generally disclose the iden ty of the seller or the availability of the property to other brokers. This sec on does not preclude solicita on of lis ngs under the circumstances otherwise recognized by the Standards of Prac ce related to Ar cle 16 of the Code of Ethics. Section 4.4 Use of the Terms MLS and Multiple Listing Service No MLS par cipant, subscriber or licensee affiliated with any par cipant shall, through the name of their firm, their URLs, their addresses, their website addresses, or in any other way represent, suggest, or imply that the individual or firm is an MLS, or that they operate an MLS. Par cipants, subscribers and licensees affiliated with par cipants shall not represent, suggest, or imply that consumers or others have direct access to MLS databases, or that consumers or others are able to search MLS databases available only to par cipants and subscribers. This does not prohibit par cipants and subscribers from represen ng that any informa on they are authorized under MLS rules to provide to clients or customers is available on their websites or otherwise. (Adopted 11/07) Division of Commissions Section 5 Compensation specified on Each Listing The lis ng broker shall specify, on each lis ng filed with the mul ple lis ng service, the compensa on offered to other mul ple lis ng service par cipants for their services in the sale of such lis ng. Such offers are uncondi onal except that en tlement to compensa on is determined by the coopera ng broker s performance as the procuring cause of the sale (or lease) or as otherwise provided for in this

7 rule. The lis ng broker s obliga on to compensate any coopera ng broker as the procuring cause of the sale (or lease) may be excused if it is determined through arbitra on that, through no fault of the lis ng broker and in the exercise of good faith and reasonable care, it was impossible or financially unfeasible for the lis ng broker to collect a commission pursuant to the lis ng agreement. In such instances, en tlement to coopera ve compensa on offered through MLS would be a ques on to be determined by an arbitra on hearing panel based on all relevant facts and circumstances including, but not limited to, why it was impossible or financially unfeasible for the lis ng broker to collect some or all of the commission established in the lis ng agreement; at what point in the transac on did the lis ng broker know (or should have known) that some or all of the commission established in the lis ng agreement might not be paid; and how promptly had the lis ng broker communicated to coopera ng brokers that the commission established in the lis ng agreement might not be paid. (Amended 11/98) In filing a property with the mul ple lis ng service of an associa on of Realtors, the par cipant of the service is making blanket unilateral offers of compensa on to the other MLS par cipants, and shall therefore specify on each lis ng filed with the service, the compensa on being offered to the other MLS par cipants. Specifying the compensa on on each lis ng is necessary, because the coopera ng broker has the right to know what his compensa on shall be prior to his endeavor to sell.* (Amended 11/96) *The compensa on specified on lis ngs filed with the mul ple lis ng service shall appear in one of two forms. The essen al and appropriate requirement by an associa on mul ple lis ng service is that the informa on to be published shall clearly inform the par cipants as to the compensa on they will receive in coopera ve transac ons, unless advised otherwise by the lis ng broker, in wri ng, in advance of submi ng an offer to purchase. The compensa on specified on lis ngs published by the MLS shall be shown in one of the following forms: 1. by showing a percentage of the gross selling price 2. by showing a definite dollar amount (Amended 5/10) Note: MLSs may also, as a ma er of local discre on, allow par cipants to offer coopera ve compensa on as a percentage of the net sales price, with the net sales price defined as the gross sales price minus buyer upgrades (new construc on) and seller concessions (as defined by the MLS unless otherwise defined by state law or regula on). (Adopted 5/08) While MLSs are not required to authorize par cipants to offer coopera ve compensa on based on net sale prices, those that do permit such offers must define seller concessions for purposes other than new construc on, unless that term is defined by applicable state law or regula on. The following defini on of seller concessions is suggested but not required for adop on: Points paid by seller on behalf of buyer, seller-paid buyer closing costs, cash or cash allowances not escrowed, down payment assistance, addi ons or altera ons not considered deferred maintenance, and personal property not usual and customary to such transac ons conveyed from seller to buyer having an agreed upon monetary value. (Adopted 05/12) The lis ng broker retains the right to determine the amount of compensa on offered to other par cipants (ac ng as subagents, buyer agents, or in other agency or nonagency capaci es defined by law) which may be the same or different. (Amended 11/96) This shall not preclude the lis ng broker from offering any MLS par cipant compensa on other than the compensa on indicated on any lis ng published by the MLS, provided the lis ng broker informs the other broker, in wri ng, in advance of submi ng an offer to purchase, and provided that the

8 modifica on in the specified compensa on is not the result of any agreement among all or any other par cipants in the service. Any superseding offer of compensa on must be expressed as either a percentage of the gross sales price or as a flat dollar amount. (Amended 5/10) Note 1: The mul ple lis ng service shall not have a rule requiring the lis ng broker to disclose the amount of total nego ated commission in his lis ng contract, and the associa on mul ple lis ng service shall not publish the total nego ated commission on a lis ng which has been submi ed to the MLS by a par cipant. The associa on mul ple lis ng service shall not disclose in any way the total commission nego ated between the seller and the lis ng broker. Note 2: The lis ng broker may, from me to me, adjust the compensa on offered to other mul ple lis ng service par cipants for their services with respect to any lis ng by advance published no ce to the service so that all par cipants will be advised. (Amended 4/92) Note 3: The mul ple lis ng service shall make no rule on the division of commissions between par cipants and nonpar cipants. This should remain solely the responsibility of the lis ng broker. Note 4: Mul ple lis ng services, at their discre on, may adopt rules and procedures enabling lis ng brokers to communicate to poten al coopera ng brokers that gross commissions established in lis ng contracts are subject to court approval, and that compensa on payable to coopera ng brokers may be reduced if the gross commission established in the lis ng contract is reduced by a court. In such instances, the fact that the gross commission is subject to court approval and either the poten al reduc on in compensa on payable to coopera ng brokers or the method by which the poten al reduc on in compensa on will be calculated must be clearly communicated to poten al coopera ng brokers prior to the me they submit an offer that ul mately results in a successful transac on. (Amended 5/10) Note 5: Nothing in these MLS rules precludes a lis ng par cipant and a coopera ng par cipant, as a ma er of mutual agreement, from modifying the coopera ve compensa on to be paid in the event of a successful transac on. (Adopted 11/05) Note 6: Mul ple lis ng services must give par cipants the ability to disclose to other par cipants any poten al for a short sale. As used in these rules, short sales are defined as a transac on where tle transfers, where the sale price is insufficient to pay the total of all liens and costs of sale and where the seller does not bring sufficient liquid assets to the closing to cure all deficiencies. Mul ple lis ng services may, as a ma er of local discre on, require par cipants to disclose poten al short sales when par cipants know a transac on is a poten al short sale. In any instance where a par cipant discloses a poten al short sale, they may, as a ma er of local discre on, also be permi ed to communicate to other par cipants how any reduc on in the gross commission established in the lis ng contract required by the lender as a condi on of approving the sale will be appor oned between lis ng and coopera ng par cipants. All confiden al disclosures and confiden al informa on related to short sales, if allowed by local rules, must be communicated through dedicated fields or confiden al remarks available only to par cipants and subscribers. (Amended 5/09) Section Disclosing Potential Short Sales Par cipants must disclose poten al short sales (defined as a transac on where tle transfers, where the sale price is insufficient to pay the total of all liens and costs of sale and where the seller does not bring

9 sufficient liquid assets to the closing to cure all deficiencies) when reasonably known to the lis ng par cipants. (Amended 5/09) Section 5.1 Participant as Principal If a par cipant or any licensee (or licensed or cer fied appraiser) affiliated with a par cipant has any ownership interest in a property, the lis ng of which is to be disseminated through the mul ple lis ng service, that person shall disclose that interest when the lis ng is filed with the mul ple lis ng service and such informa on shall be disseminated to all mul ple lis ng service par cipants. Section 5.2 Participant as Purchaser If a par cipant or any licensee (including licensed and cer fied appraisers) affiliated with a par cipant wishes to acquire an interest in property listed with another par cipant, such contemplated interest shall be disclosed, in wri ng, to the lis ng broker not later than the me an offer to purchase is submi ed to the lis ng broker. (Adopted 2/92) Section 5.3 Dual or Variable Rate Commission Arrangements The existence of a dual or variable rate commission arrangement (i.e., one in which the seller/ landlord agrees to pay a specified commission if the property is sold/leased by the lis ng broker without assistance and a different commission if the sale/lease results through the efforts of a coopera ng broker; or one in which the seller/landlord agrees to pay a specified commission if the property is sold/leased by the lis ng broker either with or without the assistance of a coopera ng broker and a different commission if the sale/lease results through the efforts of a seller/landlord) shall be disclosed by the lis ng broker by a key, code, or symbol as required by the MLS. The lis ng broker shall, in response to inquiries from poten al coopera ng brokers, disclose the differen al that would result in either a coopera ve transac on or, alterna vely, in a sale/lease that results through the efforts of the seller/ landlord. If the coopera ng broker is a buyer/tenant representa ve, the buyer/tenant representa ve must disclose such informa on to their client before the client makes an offer to purchase or lease. (Amended 5/01) Service Charges Section 6 Services Fees and Charges for Primary Board Association The following service charges for opera on of the mul ple lis ng service are in effect to defray the cost of the service and are subject to change from me to me in the manner prescribed: Initial Participation Fee: An applicant for par cipa on in the service shall pay an applica on fee of $ with such fee to accompany the applica on. Recurring Participation Fee: The annual par cipa on fee of each par cipant shall be an amount equal to: $900/Appraiser; $720/Broker; $660/Agent mes each salesperson and licensed or cer fied appraiser who has access to and use of the service, whether licensed as a broker, sales license, or licensed or cer fied appraiser who is employed or affiliated as an independent contractor with such par cipant.

10 Payment of such fees shall be made on or before the first day of the fiscal year of the mul ple lis ng service. Fees shall be prorated on a monthly basis. Compliance with Rules Section 7 Compliance with Rules Authority to Impose Discipline By becoming and remaining a par cipant or subscriber in this MLS, each par cipant and subscriber agrees to be subject to the rules and regula ons and any other MLS governance provision. The MLS may, through the administra ve and hearing procedures established in these rules, impose discipline for viola ons of the rules and other MLS governance provisions. Discipline that may be imposed may only consist of one or more of the following: a. le er of warning b. le er of reprimand c. a endance at MLS orienta on or other appropriate courses or seminars which the par cipant or subscriber can reasonably a end taking into considera on cost, loca on, and dura on d. appropriate, reasonable fine not to exceed $15,000 e. suspension of MLS rights, privileges and services for not less than thirty (30) days nor more than one (1) year f. termina on of MLS rights, privileges, and services with no right to reapply for a specified period not to exceed three (3) years. (Revised 11/14) Note: A par cipant (or user/subscriber, where appropriate) can be placed on proba on. Proba on is not a form of discipline. When a par cipant (or user/subscriber, where appropriate) is placed on proba on the discipline is held in abeyance for a s pulated period of me not longer than one (1) year. Any subsequent finding of a viola on of the MLS rules during the proba onary period may, at the discre on of the Board of Directors, result in the imposi on of the suspended discipline. Absent any subsequent findings of a viola on during the proba onary period, both the proba onary status and the suspended discipline are considered fulfilled, and the individual s record will reflect the fulfillment. The fact that one or more forms of discipline are held in abeyance during the proba onary period does not bar imposi on of other forms of discipline which will not be held in abeyance. (Revised 05/14) Section 7.1 Compliance with Rules The following ac on may be taken for noncompliance with the rules: A. for failure to pay any service charge or fee within (1) month of the date due, and provided that at least ten (10) calendar days no ce has been given; all services shall be suspended un l service charges or fees are paid in full ( Adopted 1/15) B. for failure to comply with any other rule, the provisions of sec ons 9 and 9.1 shall apply (Amended 11/88) (Adopted 1/15) Note: Generally, warning, censure, and the imposi on of a moderate fine are sufficient to cons tute a deterrent to viola on of the rules and regula ons of the mul ple lis ng service. Suspension or termina on is an extreme sanc on to be used in cases of extreme or repeated viola on of the rules and regula ons of the service. If the MLS desires to establish a series of

11 moderate fines, they should be clearly specified in the rules and regula ons. (Amended 11/88)(Adopted 1/15) Section 7.2 Applicability of Rules to Users and/or Subscribers Non-principal brokers, sales licensees, appraisers, and others authorized to have access to informa on published by the MLS are subject to these rules and regula ons and may be disciplined for viola ons thereof provided that the user or subscriber has signed an agreement acknowledging that access to and use of MLS informa on is con ngent on compliance with the rules and regula ons. Further, failure of any user or subscriber to abide by the rules and/or any sanc on imposed for viola ons thereof can subject the par cipant to the same or other discipline. This provision does not eliminate the par cipant s ul mate responsibility and accountability for all users or subscribers affiliated with the par cipant. ( Adopted 4/92 ) Note: Adop on of Sec on 7.2 is op onal and should be adopted by mul ple lis ng services desiring to establish authority to impose discipline on non-principal users or subscribers affiliated with MLS members or par cipants. (Adopted 4/92) New Policy Statement 7.97, Need to Disclose if Property is a Foreclosure, is Bank-owned, or is Real Estate Owned ( REO ). As a matter of local discretion, Multiple Listing Services requires participants to disclose if a listed property is a foreclosure, bank-owned, or real estate owned ( REO ). Meetings Section 8 Meetings of MLS Committee The mul ple lis ng service commi ee shall meet for the transac on of its business at a me and place to be determined by the commi ee or at the call of the chairperson. Section 8.1 Meetings of MLS Participants The commi ee may call mee ngs of the par cipants in the service to be known as mee ngs of the mul ple lis ng service. Section 8.2 Conduct of Meetings The chairperson or vice chairperson shall preside at all mee ngs or, in their absence, a temporary chairperson from the membership of the commi ee shall be named by the chairperson or, upon his failure to do so, by the commi ee. Enforcement of Rules or Disputes Section 9 Consideration of Alleged Violations The commi ee shall give considera on to all wri en complaints having to do with viola ons of the rules and regula ons. (Amended 2/98) The board of directors shall give considera on to all wri en complaints having to do with viola ons of the rules and regula ons. (Amended 2/98) Section 9.1 Violations of Rules and Regulations

12 If the alleged offense is a viola on of the rules and regula ons of the service and does not involve a charge of alleged unethical conduct or request for arbitra on, it may be administra vely considered and determined by the board of directors of the service, and if a viola on is determined, the board of directors may direct the imposi on of sanc on, provided the recipient of such sanc on may request a hearing before the professional standards commi ee of the associa on in accordance with the bylaws and rules and regula ons of the associa on of Realtors within twenty (20) days following receipt of the directors decision. (Amended 11/96) If, rather than conduc ng an administra ve review, the MLS has a procedure established to conduct hearings, any appeal of the decision of the hearing tribunal may be appealed to the board of directors of the MLS within twenty (20) days of the tribunal s decision. Alleged viola ons involving unethical conduct shall be referred to the professional standards commi ee of the associa on of Realtors for processing in accordance with the professional standards procedures of the associa on. If the charge alleges a refusal to arbitrate, such charge shall be referred directly to the board of directors of the associa on of Realtors. (Amended 2/98) Section 9.2 Complaints of unethical conduct All other complaints of unethical conduct shall be referred by the board of directors of the service to the associa on of Realtors for appropriate ac on in accordance with the professional standards procedures established in the associa on s bylaws. (Amended 11/88) Section Lockbox rules & regulations The lock box system is an ac vity of an associa on-owned and operated mul ple lis ng service, then every MLS par cipant and every non-principal broker, sales licensee and licensed or cer fied appraiser who is affiliated with an MLS par cipant and who is legally eligible for MLS access shall be eligible to hold a key subject to their execu on of a lease agreement with the MLS. 1. Definitions A. Board means the Rio Grande Valley Mul ple Lis ng Service, INC. B. Key holder means a member holding a lockbox key leased from Board C. Lockbox means a locked container placed on a property into which a key to the property is placed. The term includes those lockboxes that are sold or leased to Brokers or Agents. D. Lockbox key means an electronic keywhich opens a lockbox. E. Participant means an individual who: (1) is a Designated REALTOR ; (2) is a principal of a firm par cipa ng in the lockbox service; (3) par cipates and subscribes to the lockbox service by paying the required fees and complying with these rules; and (4) is responsible to the Board for compliance with these rules for himself and all Subscribers associated with the Par cipant. F. Principal means an owner, partner, corporate officer, or branch office manager ac ng on behalf of a principal. G. Subscriber means non-principal brokers, salespersons, and licensed or cer fied real estate appraisers affiliated with a Par cipant and who offices at the loca on the Par cipant s office or branch office 2. Eligibility of Participation A. Par cipants may hold a lockbox electronic key if the Par cipant signs a lockbox key lease agreement with the board and agrees to abide by these rules, as may be amended from me to me.

13 B. Subscribers may hold a lockbox key if the Subscriber and the Subscriber s Par cipant sign a lockbox key lease agreement, agree to abide by these rules, as may be amended from me to me, and agree that the Par cipant is responsible for the Subscriber s compliance with these rules. 3. Obligations of Participants and Subscriber A. All Realtor members of RGVMLS can purchase an electronic key as a Benefit of Membership. (Amended January 8, 2008) B. A Par cipant and Subscriber may not permit any person, including other Par cipants and Subscribers, to use a board lockbox key that is purchased or leased by the Par cipant or Subscriber. C. Upon receipt of the electronic key a Par cipant or Subscriber of the lock box service will receive training on opera onal instruc ons for the electronic lockbox key system from the Board Office. (Amended January 8, 2008) D. Par cipants and Subscribers must immediately return to the Board all lockbox keys in their possession if the Board determines, in its sole discre on, that such ac on is necessary to protect the safety or integrity of the electronic lockbox system 4. Fees A. Fees for replacement keys : The Par cipant must pay a fee of $50.00 for the replacement electronic key if the key is lost or stolen. B. Quarterly Lease Fee: A Par cipant must pay the Board a quarterly lease fee. The lease fee is not refundable or prorated if a Par cipant s or Subscriber s lockbox access is terminated for any reason. 5. Lockbox Committee A. The Lockbox Commi ee shall be the MLS Commi ee of the Board. B. The Lockbox Commi ee enforces these rules and administers the lockbox system. The commi ee may make recommenda ons related to its purpose to the Board s Board of Directors, including but not limited to amending these rules and purchasing new equipment. C. The Board of Directors of the Board may reverse, vacate, or modify any decision of the commi ee. 6. Enforcement A. The Board will review any complaint filed against a Par cipant or Subscriber for a viola on of these rules provided that such complaint is in wri ng and signed. The Board may not ini ate a review based on an anonymous complaint unless it has reasonable cause to believe that failure to do so will jeopardize the safety or public confidence of the lockbox system. B. If the Board determines that a Par cipant or Subscriber violated these rules, other than for a failure to pay fees under these rules, the Board may direct the imposi on of a sanc on, provided the recipient of such sanc on may request a hearing before the Professional Standards Commi ee of the Board in accordance with the Board s bylaws within twenty (20) days following receipt of the decision. Sanc ons for viola ons may include: (a) a le er of warning; (b) a reprimand; (c) a fine not to exceed $500 for each viola on; (d) suspension of the Par cipant s or Subscriber s access to the lockbox service; (e) termina on of the Par cipant s or Subscriber s access to the lockbox service; or (f) a combina on of (a) (e). Confidentiality of MLS Information

14 Section 10.1 MLS Not Responsible for Accuracy of Information The informa on published and disseminated by the service is communicated verba m, without change by the service, as filed with the service by the par cipant. The service does not verify such informa on provided and disclaims any responsibility for its accuracy. Each par cipant agrees to hold the service harmless against any liability arising from any inaccuracy or inadequacy of the informa on such par cipant provides. Section 10.2 Access to Comparable and Statistical Information REALTORS who are ac vely engaged in real estate brokerage, management, appraising, land development, or building, but who do not par cipate in MLS, are nonetheless en tled to receive by purchase or lease all informa on other than current lis ng informa on that is generated wholly or in part by the MLS, including comparable informa on, sold informa on, and sta s cal reports. This informa on is provided for the exclusive use of these members and individuals affiliated with these members who are also engaged in the real estate business and may not be transmi ed, retransmi ed, or provided in any manner to any unauthorized individual, office, or firm, except as otherwise provided in these rules and regula ons. ( Amended 11/04 ) Ownership of MLS Compilation* and Copyright *The term MLS compila on, as used in Sec ons 11 and 12 herein, shall be construed to include any format in which property lis ng data is collected and disseminated to the par cipants, including but not limited to bound book, loose-leaf binder, computer database, card file, or any other format whatsoever. Section 11 By the act of submi ng any property lis ng content to the MLS the par cipant represents that he has been authorized to grant and also thereby does grant authority for the MLS to include the property lis ng content in its copyrighted MLS compila on and also in any sta s cal report on comparables. Lis ng content includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descrip ons, remarks, narra ves, pricing informa on, and other details or informa on related to listed property. (Amended 5/06) Section 11.1 All right, tle, and interest in each copy of every mul ple lis ng compila on created and copyrighted by the Rio Grande Valley Mul ple Lis ng Service INC., and in the copyrights therein, shall at all mes remain vested in the Rio Grande Valley Mul ple Lis ng Service, INC. Section 11.2: Each par cipant shall be en tled to lease from the Rio Grande Valley Mul ple Lis ng Servive INC, a number of copies of each MLS compila on sufficient to provide the par cipant and each person affiliated as a licensee (including licensed or cer fied appraisers) with such par cipant with one copy of such compila on. The par cipant shall pay for each such copy the rental fee set by the associa on.* *This sec on should not be construed to require the par cipant to lease a copy of the MLS compila on for any licensee (or licensed or cer fied appraiser) affiliated with the par cipant who is engaged exclusively in a specialty of the real estate business other than lis ng, selling, or appraising the types of proper es which are required to be filed with the MLS and who does not, at any me, have access to or use of the MLS informa on or MLS facility of the associa on. Par cipants shall acquire by such lease only the right to use the MLS compila on in accordance with these rules.

15 Such informa on may not be transmi ed, retransmi ed, or provided in any manner to any unauthorized individual, office, or firm. None of the foregoing shall be construed to prevent any individual legi mately in possession of current lis ng informa on, sold informa on, comparables, or sta s cal informa on from u lizing such informa on to support valua ons on par cular proper es for clients and customers. Any MLS content in data feeds available to par cipants for real estate brokerage purposes must also be available to par cipants for valua on purposes, including automated valua ons. MLSs must either permit use of exis ng data feeds, or create a separate data feed, to sa sfy this requirement. MLSs may require execu on of a third-party license agreement where deemed appropriate by the MLS. MLSs may require par cipants who will use such data feeds to pay the reasonably es mated costs incurred by the MLS in adding or enhancing its downloading capacity for this purpose. Informa on deemed confiden al may not be used as suppor ng documenta on. Any other use of such informa on is unauthorized and prohibited by these rules and regula ons. (Amended 05/14) Use of Copyrighted MLS Compilation Section 12 Distribution Par cipants shall, at all mes, maintain control over and responsibility for each copy of any MLS compila on leased to them by the associa on of REALTORS, and shall not distribute any such copies to persons other than subscribers who are affiliated with such par cipant as licensees, those individuals who are licensed or cer fied by an appropriate state regulatory agency to engage in the appraisal of real property, and any other subscribers as authorized pursuant to the governing documents, of the MLS. Use of informa on developed by or published by an associa on mul ple lis ng service is strictly limited to the ac vi es authorized under a par cipant s licensure(s) or cer fica on, and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey par cipa on or membership or any right of access to informa on developed or published by an associa on mul ple lis ng services where access to such informa on is prohibited by law. ( Amended 4/92 ) Section 12.1 Display Par cipants and those persons affiliated as licensees with such par cipants shall be permi ed to display the MLS compila on to prospec ve purchasers only in conjunc on with their ordinary business ac vi es of a emp ng to locate ready, willing, and able buyers for the proper es described in said MLS compila on. Section 12.2 Reproduction Par cipants or their affiliated licensees shall not reproduce any MLS compila on or any por on thereof, except in the following limited circumstances: Par cipants or their affiliated licensees may reproduce from the MLS compila on and distribute to prospec ve purchasers a reasonable* number of single copies of property lis ng data contained in the MLS compila on which relate to any proper es in which the prospec ve purchasers are or may, in the judgment of the par cipant or their affiliated licensees, be interested. Reproduc ons made in accordance with this rule shall be prepared in such a fashion that the property lis ng data of proper es other than that in which the prospec ve purchaser has expressed interest, or in which the par cipant or the affiliated licensees are seeking to promote interest, does not appear on such reproduc on.

16 Nothing contained herein shall be construed to preclude any par cipant from u lizing, displaying, distribu ng, or reproducing property lis ng sheets or other compila ons of data pertaining exclusively to proper es currently listed for sale with the par cipant. Any MLS informa on, whether provided in wri en or printed form, provided electronically, or provided in any other form or format, is provided for the exclusive use of the par cipant and those licensees affiliated with the par cipant who are authorized to have access to such informa on. Such informa on may not be transmi ed, retransmi ed, or provided in any manner to any unauthorized individual, office, or firm. None of the foregoing shall be construed to prevent any individual legi mately in possession of current lis ng informa on, sold informa on, comparables, or sta s cal informa on from u lizing such informa on to support valua ons on par cular proper es for clients and customers. Any MLS content in data feeds available to par cipants for real estate brokerage purposes must also be available to par cipants for valua on purposes, including automated valua ons. MLSs must either permit use of exis ng data feeds, or create a separate data feed, to sa sfy this requirement. MLSs may require execu on of a third-party license agreement where deemed appropriate by the MLS. MLSs may require par cipants who will use such data feeds to pay the reasonably es mated costs incurred by the MLS in adding or enhancing its downloading capacity for this purpose. Informa on deemed confiden al may not be used as suppor ng documenta on. Any other use of such informa on is unauthorized and prohibited by these rules and regula ons. (Amended 05/14) *It is intended that the par cipant be permi ed to provide prospec ve purchasers with lis ng data rela ng to proper es which the prospec ve purchaser has a bona fide interest in purchasing or in which the par cipant is seeking to promote interest. The term reasonable, as used herein, should therefore be construed to permit only limited reproduc on of property lis ng data intended to facilitate the prospec ve purchaser s decision-making process in the considera on of a purchase. Factors which shall be considered in deciding whether the reproduc ons made are consistent with this intent and thus reasonable in number, shall include, but are not limited to, the total number of lis ngs in the MLS compila on, how closely the types of proper es contained in such lis ngs accord with the prospec ve purchaser s expressed desires and ability to purchase, whether the reproduc ons were made on a selec ve basis, and whether the type of proper es contained in the property lis ng data is consistent with a normal i nerary of proper es which would be shown to the prospec ve purchaser. Use of MLS Information Section 13 Limitations on Use of MLS Information Use of informa on from MLS compila on of current lis ng informa on, from the associa on s sta s cal report, or from any sold or comparable report of the associa on or MLS for public mass-media adver sing by an MLS par cipant or in other public representa ons, may not be prohibited. However, any print or non-print forms of adver sing or other forms of public representa ons based in whole or in part on informa on supplied by the associa on or its MLS must clearly demonstrate the period of me over which such claims are based and must include the following, or substan ally similar, no ce: Based on informa on from the associa on of Realtors (alterna vely, from the MLS) for the period (date) through (date). (Amended 11/97)

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