The Following MLS Rules Changes Reflect Policy Changes by NAR at the November 2021 Meetings as well as Adopted from the C.A.R. Model MLS Rules

 

1. 7.18.1  Update of California Probate Code Section # from 10165 to 10168.

2. 11.14             Data Feed Available to Participants.   The service must offer a Participant a single data feed in accordance with a Participant’s licensed authorized uses.  At the request of a Participant the service must provide the single data feed for the Participant’s licensed uses to that Participant’s designee.  The designee may use the single data feed only to facilitate that Participant’s licensed uses on behalf of that Participant.

 3. 11.15             Brokerage Back Office Data Feeds.  The service must provide to Participants the Brokerage Back Office Data for use subject to the terms below:

“Brokerage Back Office Data” means all real property listings and roster information in the MLS database, including all listings of all Participants, but excludes (i) MLS only fields (those fields only visible to MLS staff and the listing Participant), and (ii) fields and content to which MLS does not have a sufficient license for use in the Brokerage Back Office Feed.

Participant and Subscribers affiliated with the Participant can use the Brokerage Back Office Feed data for the following purposes:

• Broker management systems that only expose Brokerage Back Office Data to the Participant and Subscribers affiliated with the Participant.
• Customer relationship management (CRM) and transaction management tools that only expose the Brokerage Back Office Data to the Participant, Subscribers affiliated with the Participant, and their bona fide clients as established under state law.
• Agent and brokerage productivity and ranking tools and reports that only expose Brokerage Back Office Data to the Participant and Subscribers affiliated with the Participant.
• Marketplace statistical analysis and reports in conformance with NAR MLS Policy Statement 7.80, which allows for certain public distribution

Brokerage Back Office Data use may only be made by the Participant and any Subscriber affiliated with the Participant, except that at the request of a Participant, the MLS must provide Brokerage Back Office Data to that Participant’s designee.  The designee may use the Brokerage Back Office Data only to facilitate the Brokerage Back Office Data use on behalf of that Participant and its affiliated Subscribers.

There is no option for Participants to opt out their listings from the Brokerage Back Office Data feed use as defined. 

The Service may impose reasonable licensing provisions and fees related to a Participant’s license to use the Brokerage Back Office Data. The Service may require the Participant’s designee to sign the same or a separate and different license agreement from what is signed by the Participant.

4. 11.16     Listing Broker’s Offer of Compensation.  The service is required to include the listing broker’s offer of compensation for each active listing displayed on its consumer facing website(s) and in MLS data feeds provided to Participants and Subscribers.  Additionally, the service shall permit MLS Participants or Subscribers to share the listing broker’s offer of compensation for each active listing through IDX and VOW displays and through any other form or format provided to clients and consumers.  The information about the offer of compensation will be accompanied by a disclaimer stating that the offer is made only to Participants of the MLS where the listing is filed.

5. 12.10.  False or Misleading Advertising and Representations; True Picture Standard of Conduct. Participants and Subscribers may not
engage in false or misleading advertising, including, but not limited to, advertisements or representations regarding the Participant’s or Subscriber’s
relationship to the MLS, about the MLS itself, or about any property listed with the MLS.  Participants and Subscribers may not represent that their
brokerage services to a client or customer are free or available at no cost to their clients, unless the Participant or Subscriber will receive no
financial compensation from any source for those services. MLS Participants and Subscribers shall present a true picture in their advertising
and representations to the public, including Internet, content, images and the URLs and domain names they use, and Participants and Subscribers
may not:...

6. 12.14.    Display. Subject to Sections 12.15 and 12.16, Broker Participants and R.E. Subscribers shall be permitted to display the MLS compilation in either electronic or printed format to specifically identify and bonafide prospective buyers only in conjunction with their ordinary business activities of attempting to locate ready, willing, and able buyers for the properties described in said MLS compilation. Broker Participants and R.E. Subscribers shall be permitted to display the MLS compilation in either electronic or printed format to specifically identified and bonafide sellers or prospective sellers only in conjunction with their ordinary business activities in listing properties.   Broker Participants and R.E. Subscribers may not filter out or restrict MLS listings that are searchable by and displayed to consumers based on the level of compensation offered to the cooperating broker or name of a brokerage or agent. Broker Participants and Appraiser Subscribers shall be permitted to display the MLS compilation to the person requesting the appraisal only in conjunction with their ordinary business activities of producing a written appraisal.  Such displays under this section shall be only in the immediate presence of the MLS Participant or Subscriber.

7. 12.16.5. Listing Attribution. All IDX listing displays shall identify the name of the listing firm, and the email or phone number provided by the listing Participant, and the name of the listing agent in a manner designed to easily identify such listing firm or agent. The name of a co-listing firm and name of a co- listing agent, if any, will be displayed in a manner designed to easily identify such listing firm or agent.  Such identification shall be in a reasonable prominent location and provide clear, conspicuous written or verbal identification of the listing firm(s) and agent(s) and the email or phone number provided by the listing Participant.  Displays of minimum information (e.g. a one-line or thumbnail search result, 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. Audio delivery of listing content is exempt from this disclosure requirement only when all required disclosures are subsequently delivered electronically to the registered consumer performing the property search or linked to through the device's application.