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On April 23, 2020, the Board of Directors approved the following recommendations from the MLS Committee to amend the MLS Rules, as outlined below, and are effective immediately*. For questions, please call 423.698.8001 and ask to speak with MLS Director Tonya Bell (tonya@gcar.net) or MLS Coordinator Rheta Beck (rheta@gcar.net).
*While the Rules are effective immediately, the imposition of fines related to Clear Cooperation will not begin until June 1. 2020.
Strikethroughs indicate deletions; underlines indicate additions.
1. A fine of five hundred dollars ($500) for failure to file a listing within the timeframe required for the Clear Cooperation Policy. Said fine is intended to compel compliance with Clear Cooperation (adopted February 20, 2020), which is required by the National Association of REALTORS® be adopted by all REALTOR®-owned MLSs and addresses the growing use of off-MLS listings (i.e., pocket listings, withheld listings, delayed entry of listings), as such listings exclude consumers and undermine the REALTORS®’ commitment to providing equal opportunity to all.
Section 1.1 Clear Cooperation. Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public. For failure to file a listing(s) within the required timeframe, the listing agent shall be assessed a $500 fine.
Section 1.3. Office Exclusive. If the seller refuses to permit the listing to be disseminated by the service, the Participant shall take the listing as an Office Exclusive and such listing shall be filed with the MLS but not disseminated to the Participants. Filing of the listing should be accompanied by the Office Exclusive Addendum (see Exhibit B of these Rules) signed by the seller that he does not desire the listing to be disseminated by the service. Said certification shall be uploaded to the MLS as a private document viewable, which only is viewable by the listing firm and Staff. In compliance with Section 1.1. Clear Cooperation, a seller of an Office Exclusive is not prohibited from accepting an offer from a prospective buyer, provided said buyer is a client of a licensee affiliated with the Listing Broker. The acceptance of an offer from a buyer who is not a client of a licensee affiliated with the Listing Broker confirms that public marketing has occurred, and the Listing Broker must remove the Office Exclusive restriction in the MLS within one (1) business day of the offer being presented OR marketing of the property, whichever shall first occur. For failure to comply with this requirement, the listing agent shall be assessed a $500 fine.
2. Adopt the Greater Chattanooga REALTORS®’ Office Exclusive Addendum, which is required to be executed with the Seller and uploaded to the MLS as a private document when taking an Office Exclusive listing.
NOTE: The Office Exclusive Addendum is available via the “Forms & Contracts” link on the MLS dashboard OR at gcar.net > Forms & Contracts.
3. Reduce all 48-hour timeframes to 24-hours, excluding weekends and holidays. The revised timeframes are consistent with NAR’s Clear Cooperation Policy deadline and to lessen confusion among Participants and Subscribers for having varying deadlines with which to comply. Additionally, the reduce timeframe is reasonable due to the technology available to all MLS subscribers for ease of entering and editing listings via gcar.flexmls.com and/or the Flexmls Pro App.
Section 1.2.5. Photos. One primary image (i.e., photo, drawing, plat, survey or similar media) is required for each listing filed with the MLS (except Coming Soon), including COMP sales, unless written documentation requesting an image not be submitted is signed by the Seller and submitted to the MLS. Said image shall be filed with the MLS within forty-eight (48) hours twenty-four (24) hours, excluding weekends and holidays, of the listing date. For failure to include a photo, the listing agent shall be assessed a fifty dollar ($50) fine plus ten dollars ($10) per day that a photo is not included.
Section 1.2.6. Listing Status Definitions. Coming Soon: A residential listing for sale and for which the Participant has a current listing agreement and the Seller has specified a Start Showing Date no more than fourteen (14 days), including weekends and holidays, in the future on which showings, open houses and/or previews will begin and the listing automatically will change to Active status and Days on Market will begin to calculate. . . . . These MLS Rules do not prohibit a Seller from accepting an offer from a prospective buyer, who elects to make such an offer without the ability to view the property. Should a Seller accept an offer on a Coming Soon listing, the Participant shall change the listing to a status other than Coming Soon within the required forty-eight (48) hours twenty-four (24) hours, excluding weekends and holidays as outlined in Section 1.4. Change of Status of Listing.
Section 1.4. Change of Status of Listing. Any change in listed price or other change in the original listing agreement shall be made only when authorized in writing by the Seller and shall be filed with the service within forty-eight (48) hours twenty-four (24) hours, excluding weekends and holidays except Saturday, Sunday and holidays after the authorized change is received by the listing broker. For failure to update the listing status within the required timeframe, the listing agent shall be assessed a fifty dollar ($50) fine plus ten dollars ($10) per day that the status is not updated to an accurate status.
Section 2.5. Reporting Sales and Leases to the Service. Status changes, including final closing of sales or lease*, shall be reported to the MLS by the listing broker within forty-eight (48) hours twenty-four (24) hours, excluding weekends and holidays after they have occurred. For failure to report a sale/lease within the required timeframe, the listing agent shall be assessed a fifty dollar ($50) fine plus ten dollars ($10) per day that the sale/lease was not reported. If negotiations were carried on under Section 2(a) or (b) hereof, the cooperating broker shall report accepted offers to the listing broker within forty-eight hours (48) after occurrence and the listing broker shall report them to the MLS within forty-eight (48) after receiving notice from the cooperating broker. *Lease rates for residential and commercial properties may, but are not required, to be disclosed.
Section 2.6. Reporting Resolution of Contingencies. The listing broker shall report to the MLS within forty-eight (48) hours twenty-four (24) hours, excluding weekends and holidays excluding Saturdays, Sundays and holidays, that a contingency on file with the MLS has been fulfilled or renewed, or the agreement cancelled. For failure to report the resolution of a contingency, the listing agent shall be assessed a fifty dollar ($50) plus ten dollars ($10) per day that the resolution was not reported and the status was not updated to an accurate status.
Section 9.1. Violations of Rules and Regulations. If the alleged offense is a violation of the rules and regulations of the Service and does not involve a charge of alleged unethical conduct or request for arbitration, it may be administratively considered and corrected within forty eight (48) hours twenty-four (24) hours, excluding weekends and holidays after listing agent and broker have been notified, and if a violation is determined, the MLS Committee may direct the imposition of sanction, provided the recipient of such sanction may request a hearing before the Professional Standards Committee of the Greater Chattanooga REALTORS® in accordance with the Association’s Bylaws and Rules and Regulations within twenty (20) days following receipt of the MLS Directors’ decision.
Section 18.6. Participant Responsible for Keyboxes. Other than a Keybox becoming inoperable by natural wear and tear, the Participant is responsible for maintaining his/her allotted number of Keyboxes and ensuring there is no (1) modification of a Keybox in any way, including but not limited to writing the shackle code on a Keybox or (2) misuse, neglect or otherwise rendering of Keyboxes as inoperable. For any circumstance that requires the Participant to return Keyboxes to the MLS, he/she shall return Keyboxes in an unmodified, good, and useable condition within forty-eight (48) hours twenty-four (24) hours, excluding weekends and holiday. Failure to return Keyboxes within the required timeframe shall result in the MLS assessing a fine of one hundred dollars ($100) per Keybox, unless at the time the cost charged by Supra to replace a Keybox is higher, in which case the higher amount will be charged. Said fines are non- refundable and if unpaid after sixty (60) days shall result in the automatic suspension of the Participant’s access to the MLS and Keybox privileges.
NOTE: The Pre-Marketing Addendum for Coming Soon listings has been updated accordingly and is available via the “Forms & Contracts” link on the MLS dashboard OR at gcar.net > Forms & Contracts.
4. Rename the “Withdrawn” status to “Temp Off Market” and clarify these listings are not available to be shown. Said changes mirror the language in Flexmls and dispel any previous confusion as to whether these listings were subject to a current listing agreement, whether they were available to be shown.
Section 1.2.6. Listing Status Definitions. Withdrawn Temp off Market: A listing for which the Participant has a current listing agreement and the Seller has requested be withdrawn from the market prior to the expiration date of the listing agreement. With the Seller’s written permission, the Participant may change the listing to another status at any time prior to the expiration date. A Withdrawn Temp off Market listing automatically will change to Expired at midnight on the date of expiration. Listings in this status are not available to be shown.
5. Confirm within each Listing Status whether Days on Market calculate. This confirmation mirrors the system programming and provides written confirmation to all MLS users who frequently post this question.
Active-Back On Market: This status is available only for listings agreements that have not expired or been cancelled by the listing broker. Active-back On Market listings are Active listings that previously were in some other status. Days on Market begin to accumulate again.
Cancelled: A listing for which the Participant and Seller mutually have agreed to terminate prior to the expiration of the listing agreement. Days on Market cease to accumulate.
Closed: A closing is determined to have occurred when either the (1) deed on the listed property has been recorded, or (2) all necessary signatures have been obtained on a lease agreement. Days on Market cease to accumulate.
Contingent: A listing for which the Participant has a current listing agreement and for which the Seller has accepted an offer with a contingency* and continues to seek back-up offers. Contingent listings are a sub-status of Pending; thus, Contingent listings do not appear when searching for Active listings but are included in syndication feeds. Days on Market continue to accumulate.
Expired: A listing for which the property did not sell during the timeframe specified in the listing agreement. Days on Market cease to accumulate.
Pending: A listing for which the Participant has a current listing agreement, the Seller has accepted an offer and no longer seeks additional offers, and any contingencies* have been met. A Pending Listing will not appear when searching for Active listings and will not be included in syndication feeds. Days on Market cease to accumulate.
Temp off Market: A listing for which the Participant has a current listing agreement and the Seller has requested be withdrawn from the market prior to the expiration date of the listing agreement. With the Seller’s written permission, the Participant may change the listing to another status at any time prior to the expiration date. A Temp Off Market listing automatically will change to Expired at midnight on the date of expiration. Listings in this status are not available to be shown. Days on Market cease to accumulate.