Amendments/Revisions to MLS Rules & Regulations Effective Section 1.12 JURISDICTIONSERVICE AREA: Underline= insertion/strikethrough=deletion JURISDICTIONSERVICE AREA: The jurisdiction service area of the MLS is the State of Hawaii. The primary jurisdiction is the State of Hawaii. All Only listings of the designated types of property located within the primary jurisdictionservice area of the MLS are required to be submitted by the Participant to the MLSservice. Listings of property located outside the MLS s primary jurisdictionservice area will not be accepted by the MLS if submitted voluntarily by a Participant, but cannot be required by the MLSservice. Effective, MLS prohibited from requiring participation by all offices of a real estate firm within the shareholder association(s) jurisdiction. References to MLS jurisdiction or territory changed to service area to reflect the true nature of the location, and help eliminate confusion over the jurisdiction of shareholder association(s). Section 6 SERVICE FEES AND CHARGES Service fees and charges for the operation of the MLS, are subject to change, and shall be set by the Board of Directors of HiCentral MLS, Ltd. Participants may be charged a recurring participation fee to offset the cost of operating the MLS. This fee shall be in an amount as determined by the Board of Directors times each salesperson and licensed or certified appraiser who has access to and use of the MLS, whether licensed as a broker, sales licensee or licensed or certified appraiser who is employed by or affiliated as an independent contractor with such Participant. The Board of Directors may elect to have these fees payable on an annual, semi-annual, quarterly, or monthly basis and may authorize staff to grant waivers of service fees and charges as may be deemed appropriate. However, MLSs must provide participants the option of a nocost waiver of MLS fees, dues, and charges for any licensee or licensed or certified appraiser who can demonstrate subscription to a different MLS where the principal broker participates. MLSs may, at their discretion, require waiver recipients and their participants to sign a certification for nonuse of its MLS services, which can include penalties and termination of the waiver if violated. MLSs required to provide a no-cost waiver option of MLS fees, dues and charges for licensees affiliated with an MLS Participant who can demonstrate their subscription to another MLS. Allow agents a choice in subscribing to any MLS in which their broker is a participant, and will require MLSs to only assess Brokers a fee based on their affiliated licensees who chose to subscribe to the MLS.
Section 11 OWNERSHIP OF MLS COMPILATION* AND COPYRIGHTS By the act of submission of any property listing data content to the MLS, the Participant represents that he has been authorized to grant license and also thereby does grant license authority for HiCentral MLS, Ltd. to include the property listing data content in its copyrighted MLS compilation and also in any statistical report on "Comparables."comparables. Listing content includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information, and other details or information related to listed property. Housekeeping to update terminology. Standard 16.24 Section 17 ORIENTATION Section 18 IDX DEFINED MLS Participants shall present a true picture in their advertising and representations to the public, including Internet content, images posted, and the URLs and domain names they use, and Participants may not: (a) engage in deceptive or unauthorized framing of real estate brokerage websites; (b) manipulate (e.g., presenting content developed by others) listing and other content in any way that produces a deceptive or misleading result; (c) deceptively use metatags, keywords or other devices/methods to direct, drive, or divert Internet traffic; (d) present content developed by others without either attribution or without permission, or (e) to otherwise mislead consumers., including use of misleading images. An applicant for MLS participation and any licensee (including licensed or certified appraisers) affiliated with an MLS Participant who desires has access to and use of MLSgenerated information may be required to complete an orientation program of no more than eight (8) classroom hours devoted to the MLS Rules and Regulations and computer training related to MLS information entry and retrieval and the operation of the MLS within thirty (30) days after access has been provided. Participants and subscribers may be required, at the discretion of the MLS, to complete additional training of not more than four (4) classroom hours in any twelve (12) month period when deemed necessary by the MLS to familiarize participants and subscribers with system changes or enhancements and/or changes to MLS rules or policies. Participants and subscribers must be given the opportunity to complete any mandated orientation and additional training remotely. IDX affords MLS Participants the ability to authorize limited electronic display and delivery of their listings by other Participants. via the following authorized mediums under the participant s control: websites, mobile apps, and audio Revisions to align with Code of Ethics Article 12, Standard of Practice 12-10 (5). Adds mandatory verbiage. Following IDX amendments recognize other forms of IDX delivery Page 2 of 6
devices. As used throughout these rules, display includes and mandated revisions to delivery of such listings. existing IDX rules. Section 18.1 Participants consent for display of their listings by other Participants pursuant to these rules and regulations is presumed unless a Participant affirmatively notifies the MLS that the Participant refuses to permit display (either on a blanket or on a listing-by-listing basis). If a Participant refuses on a blanket basis to permit the display of that Participant s listings, that Participant may not download, frame, or display the aggregated MLS data of other Participants.* *Even where Participants have given blanket authority for other Participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis where the seller has prohibited all Internet display. or other electronic forms of display or distribution. Section 18.2.3 Section 18.2.4 Section 18.2.7 Section 18.2.8 Listings, including property addresses, can be included in IDX displays except where a seller has directed their listing broker to withhold their listing or the listing s property address from all display on the Internet (including, but not limited to, publicly-accessible websites or VOWs). or other electronic forms of display or distribution. IDX users may select the listings they choose to display on theirthrough IDX sites based only on objective criteria including, but not limited to, factors such as geography or location ( uptown, downtown, etc.), list price, type of property (e.g., condominiums, cooperatives, single-family detached, multi-family), cooperative compensation offered by listing brokers, type of listing (e.g., exclusive right-to-sell or exclusive agency), or the level of service being provided by the listing firm. Selection of listings displayed on anythrough IDX site must be independently made by each Participant. When displaying listing content, an IDX user s IDX site must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. Any IDX display controlled by an IDX user must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. For purposes of the IDX policy and these rules, control means the ability to add, delete, modify and update information as required by the IDX policy and MLS rules. Any IDX display controlled by an IDX user that (a) allows third-parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or (b) displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing, Page 3 of 6
shall disable or discontinue either or both of those features as to for the seller s listings at the request of the seller. The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all displays controlled by IDX users. Except for the foregoing and subject to Section 18.2.9, an IDX user s IDX site display may communicate the IDX user s professional judgment concerning any listing. Nothing shall prevent an IDX site display from notifying its customers that a particular feature has been disabled at the request of the seller. Section 18.2.12 All listings displayed pursuant to IDX shall identify the listing firm in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data.* * Displays of minimal information (e.g., thumbnails, text messages, tweets, etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. For audio delivery of listing content, all required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the device s application. Section 18.3.3 was deleted and renumbered to 18.2.12. Section 18.2.12 13 All electronically displayed listings shall prominently display the following disclaimer, attribution statement and copyright statement: Section renumbered. Based on information from the Multiple Listing Service of HiCentral MLS, Ltd. listings last updated on. Information is deemed reliable but not guaranteed. Copyright: YYYY by HiCentral MLS, Ltd. Section 18.3.3 Section 18.3.5 All listings displayed pursuant to IDX shall identify the listing firm in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. Displays of minimal information (e.g., thumbnails, text messages, tweets, etc., of two hundred required disclosures. Deleted; moved to 18.2.12. All listings displayed pursuant to IDX shall show the MLS as the source of the information.* Displays of minimal information (e.g., thumbnails, text messages, tweets, etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. * The MLS may, at its discretion, require use of other disclaimers as necessary to protect participants and/or the MLS from liability. Displays of minimal information (e.g., Page 4 of 6
required disclosures. For audio delivery of listing content, all required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the device s application. Section 18.3.6 Participants (and their affiliated licensees, if applicable) shall indicate on their websites that IDX information is provided exclusively for consumers personal, non-commercial use, that it may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing, and that the data is deemed reliable but is not guaranteed accurate by the MLS. The MLS may, at its discretion, require use of other disclaimers as necessary to protect Participants and/or the MLS from liability.* Displays of minimal information (e.g., thumbnails, text messages, tweets, etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. * The MLS may, at its discretion, require use of other disclaimers as necessary to protect participants and/or the MLS from liability. Displays of minimal information (e.g., required disclosures. For audio delivery of listing content, all required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the device s application. Section 18.3.9 Listings obtained through IDX feeds from REALTOR Association MLSs where the MLS Participant holds participatory rights must be displayed separately from listings obtained from other sources. Listings obtained from other sources (e.g., from non-participating brokers, etc.) must display the source from which each such listing was obtained.* Displays of minimal information (e.g., required disclosures. * The MLS may, at its discretion, require use of other disclaimers as necessary to protect participants and/or the MLS from liability. Displays of minimal information (e.g., required disclosures. For audio delivery of listing content, all required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the device s application. Section 18.3.10 Display of expired and withdrawn listings is prohibited.** ** Note: If sold information is publicly accessible, display of sold listings may not be prohibited. Page 5 of 6
18.2.3 APPENDIX A: MLS FINES Listings or property addresses of sellers who have directed their listing brokers to withhold their listing or property address from all display on the Internet (including, but not limited to, publicly-accessible websites or VOWs) or other electronic forms of display or distribution cannot be included in IDX displays. Amend Appendix A in accordance with rule changes. 18.2.7 Any IDX display controlled by an IDX userwhen displaying listing content, an IDX user s IDX site must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. 18.3.318.2.12 All listings displayed pursuant to IDX shall identify the listing firm in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. Page 6 of 6