MLS Rules Violation Policy Violation of Rules and Regulations: A rule violation may be submitted to the MLS Department in one of the following ways: a) In writing (fax, email or mail), with dated MLS Translation attached, or generated by the MLS computer, b) by phone (if MLS number is known), or c) by the MLS Department pursuant to any automated quality assurance computer process. Following submission of an alleged rule violation, the MLS Department shall send a Warning email notice to the listing Participant (Broker) with a copy to the listing Subscriber (Agent) within 24 hours stating the listing number, the address of the listing, the nature of the violation, and the appropriate way to correct the violation. A second and third Warning notice shall be sent out to the listing (Broker) Participant with a copy to the listing (Agent) Subscriber each additional 24 hour period the listing violation remains in an Active, active-pending, pending or withdrawn status in the MLS. If the violation is not corrected by the listing Participant or Subscriber within 24 hours following the third Warning notice, the MLS Department shall send the MLS Participant with a copy to the MLS Subscriber a Notice of Violation via email and levy a Fine per violation to the MLS Participant per the following escalating fine structure: For first offense: 1) For failure to correct violation after 3 warnings are issued, first fine is billed to account for $25.00. 2) For failure to correct violation 72 hours after first fine is issued, fine escalates to additional $50.00 and is billed to account. 3) For failure to correct violation 72 hours after second fine is issued, fine escalates to additional $75.00 and is billed to account. 4) For failure to correct violation 72 hours after third fine is issued, fine escalates to additional $100.00 and is billed to account. 5) For failure to correct violation for every 72 hours thereafter where violation still remains, an additional fine of $100.00 is billed to account. (escalating fines are capped at $100.00) For second or greater offense for same violation within one year of first offense: 1) For failure to correct violation after 3 warnings are issued, first fine is billed to account for $50.00. 2) For failure to correct violation 72 hours after first fine is issued, fine escalates to additional $75.00 and is billed to account..
3) For failure to correct violation 72 hours after second fine is issued, fine escalates to additional $100.00 and is billed to account. 6) For failure to correct violation for every 72 hours thereafter where violation still remains, an additional fine of $100.00 is billed to account. (escalating fines are capped at $100.00) Said notices shall contain: (1) notice of Participant s or Subscriber s violation, (2) Participant or Subscriber must correct the violation within 72 additional hours and (3) Failure to correct the violation within 72 additional hours after such notice shall result in an additional fine billed to the Participant. Failure to pay the fine(s) or correct the violation within thirty (30) days following such notice shall result in the suspension of MLS services pursuant to section 7 of the DABR MLS Rules & Regulations Section 7. COMPLIANCE WITH RULES: The following action may be taken for non-compliance with the rules: For failure to pay any service charge or fee within one (1) month of the date due, and provided that at least ten (10) days notice has been given, the Service shall be suspended until service charges or fees are paid in full. If Participant s MLS services are suspended, the MLS Department shall send an additional notice to Participant stating that Participant s failure to pay the fine and correct the violation within thirty (30) days immediately following such notice shall result in termination of Participant s MLS services. Participant's MLS services may not be reinstated until all fees/charges are paid in full. If the Participant or Subscriber disputes the rule violation, either may submit written request for an administrative review by the MLS Committee within five (5) business days following the notice of violation. A written decision of the MLS Committee shall be provided to Participant or Subscriber within twenty (20) business days after the request for administrative review. In the event either the Participant or Subscriber disputes the decision of the MLS Committee, either may request a hearing before the Board of Directors of the Association in accordance with the By-Laws of the Dayton Area Board of REALTORS within five (5) business days following the MLS Committee s decision. MLS will maintain a database of all confirmed MLS Rule Violations regarding its Participants and Subscribers.
Below are subsets of the rules used to generate the Listing Data Checker violation emails. While every attempt is made to make sure that only valid violations are sent out, the automated system cannot anticipate every situation. If you feel that any violation was sent to you in error, please contact the MLS Staff to discuss your individual situation. No Photo All listings must contain a primary photo of the exterior of the property. A photo must be entered within 24 hours of the entry date. (This rule applies to the following property types: Residential, Rental, Farm, Land, and Multi-Family). Not listed in MLS within 3 Calendar Days All listings must be entered into the MLS System within 3 calendar days from original listing date (excluding weekends and holidays). (This rule applies to the following property types: Residential, Rental, Farm, Land, Multi-Family). Non-Property Description Information in the Property Description Field The Property Description Field is intended for verbiage describing only the property. No agent or office contact information (email addresses, website addresses, phone numbers, etc.) is permitted in Property Description and should instead go in the Agent Remarks Field. (This rule applies to the following property types: Residential, Rental, Farm, Land, Multi-Family). Missing Directions All listings must have accurate and complete directions to property. (This rule applies to the following property types: Residential, Rental, Farm, Land, Multi-Family). Financial Inducements in the Property Description Field No wording containing offers for financial gain based on specific conditions that are not unilateral can be placed in the property description. This information should be placed in the Agent Remarks field. (See FAQ) (This rule applies to the following property types: Residential, Rental, Farm, Land, Multi-Family). Possible Fair Housing Violation in the Property Description Field (Click Here To See Fair Housing Rules and Regulations) (This rule applies to the following property types: Residential, Rental, Farm, Land, Multi-Family, Commercial, Business). Invalid Tax ID Number The correct parcel identification of each listing must be accurate on all MLS listings. When entering a listing, use the property search feature to make sure the correct parcel identification number is used. (This rule applies to the following property types: Residential, Rental, Farm, Land, Multi-Family). Condominiums A Condominium cannot be listed as any other property type. (This rule applies to the following property types: Residential, Rental, Farm, Land, Multi-Family).
Invalid Compensation Fields Commissions must be expressed in a dollar amount or a % of gross selling price. A percent sign or dollar sign must be added. (This rule applies to the following property types: Residential, Rental, Farm, Land, Multi-Family). Invalid Address Field Invalid data in the Property Street Name Field Confirm the street spelling of the property address by using the property search when entering a listing. (This rule applies to the following property types: Residential, Rental, Farm, Land, Multi-Family). Contact Info or URL in Directions Field Only specific directions to the property can be entered into this section. (This rule applies to the following property types: Residential, Rental, Farm, Land, Multi-Family). Active with Invalid use of Remarks in the Property Description Field There can be no remarks indicating Backup Offers, No Showings, Sold as is, Short Sale or Open House in the Property Description area. This information can be entered in the Agent Remarks. (This rule applies to the following property types: Residential, Rental, Farm, Land, Multi-Family). Missing Room Sizes All MLS Listings must have accurate and complete room dimensions entered in the listing. (This rule applies to the following property types: Residential, Rental, Farm).
Violations FAQ Here are a few of the more frequent inquiries the MLS support staff receives. We will occasionally update this FAQ with up-to-date questions to serve you better. Q: I received a violation e-mail stating that my total room count is wrong. What am I supposed to correct? A: The total room count must match the number of fields that contain room dimensions. Q: If I received an e-mail stating that I have information that needs to be removed from my Property description field, what should be removed? A: Refer to your violation notice for a description of what items to correct. Q: Can you give me an example of a unilateral financial inducement? A: Example would be: "Seller will pay $1,000 carpet allowance at closing." This statement is permitted in the Property Description field. However, statements which are not unilateral (meaning that they set conditions such as "Seller will pay $1,000 carpet allowance if full price offer is brought by March 1, 2010") are not permitted in the Property Description field, but can be placed in the Agent Remarks field. Q: What exactly is allowable for a photo? A: Images attached to a listing must relate to the property listed including but not limited to exterior and interior photos of the property, floor plans, maps, builder s sketches or other representations of the property, and excluding any branding or other promotional images including but limited to listing agent photos or logos, or other representations of the listing agent and/or listing brokerage. Q: How do I submit a waiver? A: Submit a copy of the listing agreement to the MLS Department prior to the condition occurring for which the waiver excuses. The waiver consists of the listing contract with waiver described in the listing contract or a copy of the listing contract with a letter signed and dated by the seller. (Examples would include: Delaying the showing of a property listed in the MLS by placing in the withdrawn status, "until seller wishes to activate"; or delaying the uploading of photos to the MLS listing.) Q: What if I simply can t get a photo uploaded within 24 hrs of listing the home? A: Submit a waiver. Q: What if I can t enter my listing into the MLS within the 72 hours required? A: Submit a waiver.