Listing Terms and ConditionsListing policies and rules of State Listings, Inc. DBA www.nystatemls.com; and www.mystatemls.com, NY State MLS and My State MLS hereinafter known as The MLS. Please familiarize yourself with The MLS Listing Policies and Guidelines (the "Listing Policies"), The MLS's Terms of Use, and Privacy Policy before entering property listings on The MLS website. All member listings are subject to the Listing Policies. All Members must be licensed Agents and/or Brokers to enter listings into The MLS. All MLS members agree to the following policy and the terms of use. Listing ReviewAll listings entered on The MLS may be subject to review by The MLS company personnel ("Listing Review") prior to becoming available for full viewing online. Members may be required to provide proof of listing agreements when submitting a listing. The MLS reserves the right, but not the obligation, to review any listing entered on The MLS at any time. Although Member's listings may be subject to Listing Review, Member remains solely responsible for abiding by the Listing Policies and The MLS's Terms of Use. The Listing Policies prohibit Members from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates The MLS's Terms of Use. By entering listings on The MLS, Member warrants and represents that Member owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Member to provide, post, upload, input or submit such content. Member acknowledges that The MLS cannot police or control all of the content provided by Member(s) that is made available on The MLS.Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on The MLS until the issue in question has been addressed. When conducting a Listing Review, new listings added to The MLS are examined to determine whether such listings comply with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information), Listing Review will send an email message to the Member about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. After the Member receives notice from Listing Review, the Member will be given a reasonable amount of time (routinely, 48 hours) to respond. It is then the sole responsibility of the Member to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the site. However, if the Member fails to respond to the communication from Listing Review, The MLS in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service. Required FieldsAll fields noted by an asterisk (*) and a red subject field in the Listing Wizard are required fields and must be completed with valid data pertaining to the property being listed ("Required Fields"). Property listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields. Address FieldsAll Address fields on The MLS including Address, City, State and Zip Code are Required Fields. These fields disclose the physical address or intersection of the property being listed. These fields are not for the listing of additional information about the property (see Property Description below). Entering "Confidential", "Call Broker", "Withheld", or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address1 or City Name fields is strictly prohibited. If a member wishes to keep an address undisclosed, they may select to do so via the listing wizard. The MLS reserves the right to remove any and all property listings with non-address-related or invalid information in any address-specific field with or without contacting the listing broker. Property DescriptionsProperty descriptions are for the descriptions of the property that is for sale or for lease only. The posting of contact names, phone numbers, fax numbers, company information or URL links for any contacts including those who are not MLS members is strictly prohibited in this section. This type of information in any description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in The MLS's removal of all of such Member's active listings on the Service until all such content has been appropriately rectified. Property TypeProperties must be identified with the appropriate property type. Adding the same listings under multiple property types is prohibited (see Duplicates). The MLS reserves the right to change or remove property types deemed to be misleading. PricingA valid Sales Price in the Price Asking field for the listed property is required for all The MLS Sale Listings and a valid rental rate for each space is required for all The MLS Lease Listings. By entering a valid Asking Price in the required field and utilizing this function, properties will return in price range searches. The MLS reserves the right to remove all listings that are deemed to have invalid prices or rental rates including any listing with $0 listed in Lease Rate, Sales Price and Opinion of Value fields. Listing ParametersIn order to maximize the features of The MLS service, Members should note certain parameters in the listing process. Property TypesThe MLS is a website for commercial and residential real estate. Listing of Commercial Buildings, Businesses, and Leases, Manufactured Homes on Leased Lands and Private Lands, Multi-Units with Two to Four Families and with units greater than five, Single Family with Accessory Unit, Attached House, Condo, Coop, Condop and Attached Townhouse, Single Family Detached, and Vacant Land are all permitted to be listed on the MLS. Property AuctionsReal property auctions are permitted on the MLS. All auction listings must clearly state in the Marketing Text/Listing Remarks that the property is an auction, as well as the time and place of the auction and the time or manner for potential bidders to inspect the property. When entering an auction listing, please state the following: Whether the proper property is available for showing, and how and when offers may be submitted. Status & Expiration DateStatus is a required field on all listings. Status include Active, Pending (Contract), Sold, Rented, Expire, Withdrawn. The expiration date is a required field, however, when an Agent's full listing is being displayed to a member who is not the listing agent, the Expiration Date is hidden from view and can only be seen by the listing agent or broker. Contact InformationAll member's contact information will be searchable within the pass-code-protected site. This information will not be shown to the public unless posted by the Member directly. Broker/Agent contact information however, is required to be listed to the public. RemarksThe Marketing Postfix is attached to listings and syndicated to sites that will take this information. Third-party sites have their own listing policy and some will not take the marketing postfix. The MLS is not responsible for third-party sites and their individual listing policy.The Agent Remarks are remarks that are viewable when a listing is emailed by an agent who is not the listing agent. These remarks prohibit any contact information of any kind. The listing broker is prohibited from self-promoting in this field. Web addresses, email addresses, phone numbers, name of listing broker or any information that might relate to the listing broker or agent is prohibited from this field. Any contact information in this field may be removed by The MLS staff without the permission of the listing broker. Please use the Marketing Postfix for branding remarks. Detailed Remarks (member's only field) should give a more detailed description of the property and any notes the listing agent wishes to add that were not provided as an input field. Habitual abuse of this policy may lead to the removal of all active listings for the listing broker from the site.At no time will The MLS be responsible for the comments or remarks in the remarks section or any other section of a listing entered by a member. Information entered by members is each member's responsibility and verification of all information in any listing should be verified by the cooperating broker. DuplicatesThe MLS prohibits the listing of a single property more than once on the website at the same time. A duplicate is defined as the same physical property listed under more than one property ID. The MLS reserves the right to remove any and all properties that are determined to be duplicates with or without contacting the listing broker. Members may, however, list a property for sale and for lease at the same time. A mixed-use property that is both commercial and residential may be listed separately.The MLS prohibits the listing of the same space more than once on the website at the same time. A space listing is defined as a single suite or unit of space listed for lease. The total space available in a building cannot exceed the total square footage of the building. The MLS reserves the right to combine duplicate space listings into a single listing or to remove the listing from the system with or without contacting the listing broker.Listing Quantity, Submission, and DisplayMembers must have a valid listing contract before submitting any listing to the MLS. A copy of the listing contract may be required. MLS members are given up to 100 listings per year at no cost. Any individual member who creates more than 100 listings per calendar year will be subjected to paying a five-dollar ($5.00) listing fee for each additional listing surpassing 100 listings. If an individual member creates more than 200 listings within a calendar year, they will be charged $5 retroactively for every listing entered in that calendar year. Members discovered to be putting in listings for other non-members of their firm onto their account may incur listing fees, regardless of the number of listings. Office accounts and their participants covered by the office account may not be subject to listing fees.Listings submitted by Members will only be shown to the public if they are active. Members may search and view any listing status other than hidden/draft listings. Hidden/draft listings are only available to the listing agent/broker or Administrator of a company's listings. Use of PhotographsPhotographs posted, attached, affixed, or uploaded to listings must be actual photographs of the property, renderings of new construction or parcel maps of the actual properties being listed. All such photographs must be either (a) the property of the listing broker or (b) the listing broker must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the Member's website or on The MLS's website for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the building or property being listed, including brokerage company logos, may be removed at the discretion of The MLS. Photographs containing text, including contact information, may be removed or rejected at the discretion of the MLS. No photos of persons are to be uploaded to any listing at any time. Members may not post photographs that may be deemed offensive or in bad taste to other members or the general public, including but not limited to Trophy (hunting) photos, obscene or offensive items, etc.. The MLS may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. Prohibited ConductMembers are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on The MLS Service. "Billboard" Listings Listings on The MLS are for properties that are currently offered for Sale or Lease. It is not permitted to post listings on the Service that have already been sold or are no longer on the market, i.e. posting listings on the Service for marketing or advertising purposes ("Billboard Listings"). All listings for properties already sold or off-market will be removed. Offensive LanguageUse of profanity or vulgar language in any section of The MLS database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. A listing or user information that includes profane language will be removed from the Service immediately. Members posting such language to The MLS website may be subject to disciplinary action, including indefinite suspension of a Member's account, temporary suspension, or a formal warning. Violation of LicenseMembers are prohibited from violating State Department of state applicable laws. Members are also prohibited from violating the state applicable laws from any state they may be licensed in. Compensation/ Commission/Universal Co-Broke Agreement with All The MLS MembersParticipants may make offers of concession or other inducements to cooperating brokers to bring a ready, willing and able buyer to complete a transaction. Participant is under no obligation to offer or disclose an offer of inducement to a cooperating broker. However, if the Participant makes a commitment to their client regarding an offer of inducement to a cooperating broker, the Participant is obligated to follow the instructions of their client based on their listing agreement. Participant is the licensee and is responsible for all offers of compensation or and all information provided on the listing, where information was provided by that member. At no time will State Listings, Inc., My State MLS, NY State MLS, the website or any affiliated company of State Listings, Inc. be responsible for paying any compensation to any member. Members acknowledge that MyStateMLS.com and NYStateMLS.com and any other site owned by State Listings, Inc. is a website that is a distributor of 3rd party user-generated content and as such has no liability or responsibility to intervene in any transaction between members. Members may enable the "request to cobroke" button on a listing which will generate a negotiable co-broke agreement. Any offer to share compensation or co-broke on a listing is between the parties. At no time is State Listings, Inc., My State MLS, NY State MLS, the website or any affiliated company of State Listings, Inc. a party to any co-broke, offer to co-broke, co-broke negotiation or any other arrangements involving cooperation or compensation between the members. MyStateMLS.com and NYStateMLS.com reserve the right, but not the obligation to request a copy of the listing agreement. The listing agreement may be reviewed for the sole purpose of confirming that the owner of the property has authorized the listing to be listed and advertised on the Internet. If the legitimacy of a listing can not be verified, MyStateMLS.com and NYStateMLS.com reserve the right to remove the listing and any content that may violate the listing display policy. If a listing agreement is requested, sensitive information may be redacted as long as the owner's agreement to list the property is still verifiable.If the broker is also the owner of the property, no listing agreement will be required. All listings are automatically opted into the IDX (internet data exchange) as the default. Listings can be opted out on an individual basis. Failure To Pay CompensationIf a member broker should fail to pay an offered commission that was legally earned by the cooperating broker, the cooperating broker may make a complaint to The MLS. If it is determined that a broker continually makes offers of compensation and then fails to pay that compensation, it may be determined by The MLS staff membership review board and after determination by an independent arbitrator, The MLS at its sole discretion that a member is in violation of this agreement then the offending broker may be subject to suspension of MLS access and service. The only recourse offered to the complaining broker by The MLS and State Listings, Inc. will be the membership suspension and access to The MLS for the offending Broker/Member. At no time will State Listings, Inc or The MLS be responsible for paying any commission, compensation or co-broke to any member at any time regardless of the circumstances. The MLS reserves the right to refuse and or discontinue membership to any broker / agent participant who chooses to utilize a structure of punitive and discriminatory offers of cooperation and compensation, regardless of MLS affiliation. Broker / agent participants agree to compensate other MLS members at the same rate as any other co-brokerage compensation offer made by said broker/agent through any other MLS as listed on the listing agreement. DIVISION OF COMMISSION WITH NON-MEMBERS - The Multiple Listing Service shall make no rule on the division of commission between members and non-members. This remains solely the responsibility of the Listing Broker and their client. Types of Listings AllowedNYStateMLS and My State MLS allow the following listings in our database: Exclusive Right to Sell & Exclusive Agency & Open Listings Open listings will only go to syndication sites that accept that listing type. Offers of Cooperation and CompensationCooperation where required by state law shall be offered to any and every buyer's representative in the same state. Any offer of compensation made in the MLS must match the compensation amount offered on the executed listing agreement between seller and broker. Any compensation or commission that is offered is the sole responsibility of the listing broker and the listing broker is solely and wholly responsible for paying that compensation or commission. If no definitive cooperative compensation is offered as per the listing agreement and it is implied to be negotiable, the broker's may request a Cobroke agreement to define compensation prior to any transaction. At no time will State Listings, Inc. or The MLS be responsible for paying compensation or commissions to any party at any time for either listing, selling or leasing or renting a property, business, mobile home or any other listing type. Furthermore, if the listing broker fails to pay the offered compensation or commission to the selling agent or any dispute arises, neither State Listings, Inc nor will the MLS will be responsible to pay any compensation, commission or any money whatsoever to either party involved in any transaction. All listings are automatically opted into the IDX (internet data exchange) as the default. Listings can be opted out on an individual basis. Timing of Listing SubmissionParticipants agree to submit listings to The MLS database within 3 business days of signing the listing contract. Listing contracts may be submitted to the MLS on a case-by-case basis and they need to be kept in the participant's file. Listings require an expired field so the database will expire listings automatically. Open listings will be removed within 90 days of entering if the listing is not editing in that time frame. A member may withhold a listing from the MLS database if their client does not want the property listed for sale in the MLS. Withdrawn listings must be withdrawn within 3 business days of receiving the signed listing withdrawal. Sold listings must be updated within 3 business days of the closing date. Contract, Pending, and Off Market listings must be updated with the current status within 3 business days of any status change. Participants who fail to keep their listings updated with the appropriate status may be subject to membership suspension. Compliance with RulesAuthority to Impose Discipline - By becoming and remaining a Participant or Subscriber in this MLS, each Participant and Subscriber agrees to be subject to the rules and regulations and any other MLS governance provision. The MLS may impose discipline for violations of the rules and other MLS governance provisions. Discipline that may be imposed may only consist of one or more of the following: a. letter of warning b. letter of reprimand c. attendance at MLS orientation or other appropriate courses or seminars which the Participant or Subscriber can reasonably attend taking into consideration cost, location, and duration d. suspension of MLS rights, privileges, and services for not less than thirty (30) days nor more than one (1) year e. termination of MLS rights, privileges, and services with no right to reapply for a specified period not to exceed three (3) years. f. A Participant (or user/Subscriber, where appropriate) can be placed on probation. Probation is not a form of discipline. When a Participant (or user/Subscriber, where appropriate) is placed on probation the discipline is held in abeyance for a stipulated period of time not longer than one (1) year. Any subsequent finding of a violation of the MLS rules during the probationary period may, at the discretion of the MLS, result in the imposition of the suspended discipline. Absent any subsequent findings of a violation during the probationary period, both the probationary status and the suspended discipline are considered fulfilled, and the individual's record will reflect the fulfillment. The fact that one (1) or more forms of discipline are held in abeyance during the probationary period does not bar the imposition of other forms of discipline that will not be held in abeyance. Compliance with Rules - The following action may be taken for noncompliance with the rules: a. 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 b. for failure to comply with any other rule. Applicability of Rules to Users and/or Subscribers - All Participants and Subscribers shall observe and comply with the Rules and Regulations and policies of the MLS as amended from time to time. It shall be the duty of every Participant to thoroughly instruct such Participant's Subscribers and personnel in the provisions of the Rules as to avoid any conduct injurious to, prejudicial to the best interest of, or tending to bring discredit upon the MLS. Non-principal brokers, licensees, appraisers and others authorized to have access to information published by the MLS are subject to these Rules and Regulations and may be disciplined for violations thereof, provided that the user or subscriber has signed an agreement acknowledging that access to and use of MLS information is contingent on compliance with the Rules and Regulations. Further, failure of any user or subscriber to abide by the Rules and/or sanction imposed for violations thereof can subject the Participant to the same or other discipline. This provision does not eliminate the Participant's ultimate responsibility and accountability for all users or subscribers affiliated with the Participant.When requested, participants shall provide copies of listing agreements and /or any other document relating to the listing agreements by the MLS staff within 2 days, not to include Sundays or federal holidays, of the request. Failure to do so will result in the listing being removed and potential suspension of MLS services. Consideration of Alleged Violations - The MLS shall give consideration to all written complaints having to do with violations of the rules and regulations. By becoming and remaining a Participant, each Participant agrees to be subject to these rules and regulations, the enforcement of which are at the sole discretion of the MLS. Violations of Rules and Regulations - If the staff determines an alleged offense is a violation of the Rules and Regulations of the MLS and does not involve a charge of alleged unethical conduct or request for arbitration, staff will process the complaint as described in this Section. The decision may be appealed to the MLS within twenty (20) days of the decision. ArbitrationAgreement to Arbitration - By becoming and remaining a participant, each participant agrees to arbitrate disputes involving contractual issues and questions with MLS participants in different firms arising out of their relationships as MLS participants subject to the following qualifications by using an independent arbiter. Other than the obligation to agree to independent arbitration, the MLS does not get involved in commission disputes between members.Last Updated: June 17th, 2024 Information Required
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