Iowa Association of REALTORS® REGIONAL MLS Rules

Iowa Association of REALTORS® REGIONAL MLS Rules – Last

Updated 4.1.2022

Note: These rules are intended to include every mandatory MLS Rule of the National

Association of REALTORS. If, however, these rules leave out a mandatory rule of NAR, it

is an inadvertent error. All mandatory MLS Rule required by NAR shall be incorporated

into these rules immediately upon passage by the NAR Board of Directors.

Listing Procedures

Section 1: Listing Procedures

Listings of real or personal property of the following types, which are listed subject to a real

estate broker’s license, and are located within the service area of the multiple listing service, and

are taken by participants on an exclusive right to sell basis, or exclusive agency basis, shall be

delivered to the multiple listing service within 1 business day after all necessary signatures of

seller(s) have been obtained:

(Amended 11/17)

a. single family homes for sale or exchange

b. vacant lots and acreage for sale or exchange

c. two-family, three-family, and four-family residential buildings for sale or exchange

Note 1: The multiple listing service shall not require a participant to submit listings on a form

other than the form the participant individually chooses to utilize provided the listing is of a type

accepted by the service, although a property data form may be required as approved by the

multiple listing service. However, the multiple listing service, through its legal counsel:

• may reserve the right to refuse to accept a listing form which fails to adequately protect the

interests of the public and the participants

• assure that no listing form filed with the multiple listing service establishes, directly or

indirectly, any contractual relationship between the multiple listing service and the client

(buyer or seller)

The multiple listing service shall accept exclusive right-to-sell listing contracts and exclusive

agency listing contracts, and may accept other forms of agreement which make it possible for the

listing broker to offer compensation to the other participants of the multiple listing service acting

as subagents, buyer agents, or both. (Amended 11/96)

The listing agreement must include the seller’s written authorization to submit the agreement to

the multiple listing service. (Amended 11/96)

The different types of listing agreements include:

• exclusive right-to-sell

• open

• exclusive agency

• net

The service may not accept net listings because they are deemed unethical and, in most states,

illegal. Open listings are not accepted, except where required by law, because the inherent

nature of an open listing is such as to usually not include the authority to cooperate and

compensate other brokers and inherently provides a disincentive for cooperation. (Amended

4/92)

The exclusive right-to-sell listing is the conventional form of listing submitted to the multiple

listing service in that the seller authorizes the listing broker to cooperate with and to compensate

other brokers. (Amended 4/92)

The exclusive agency listing also authorizes the listing broker, as exclusive agent, to offer

cooperation and compensation on blanket unilateral bases, but also reserves to the seller the

general right to sell the property on an unlimited or restrictive basis. Exclusive agency listings

and exclusive right-to-sell listings with named prospects exempt should be clearly distinguished

by a simple designation such as a code or symbol from exclusive right-to-sell listings with no

named prospects exempt, since they can present special risks of procuring cause controversies

and administrative problems not posed by exclusive right-to- sell listings with no named

prospects exempt. Care should be exercised to ensure that different codes or symbols are used to

denote exclusive agency and exclusive right-to-sell listings with prospect reservations.

(Amended 4/92)

Note 2: A multiple listing service does not regulate the type of listings its members may take.

This does not mean that a multiple listing service must accept every type of listing. The multiple

listing service shall decline to accept open listings (except where acceptance is required by law)

and net listings, and it may limit its service to listings of certain kinds of property. But, if it

chooses to limit the kind of listings it will accept, it shall leave its members free to accept such

listings to be handled outside the multiple listing service.

Note 3: A multiple listing service may, as a matter of local option, accept exclusively listed

property that is subject to auction. If such listings do not show a listed price, they may be

included in a separate section of the MLS compilation of current listings. (Adopted 11/92)

Delayed Showings: A participant may enter a listing into the MLS as a “delayed showing” if

they desire. This will be entered as an active listing, and the agent must include the following

statement in the very beginning of the public remarks section of the listing:

“This home is currently listed as a ‘delayed showing.’ Under no circumstances will any

showings be allowed until _______ (Date) at ___________ (Time). The sellers will not accept

any proposed purchase agreements/offers earlier than 10 PM or ______ on the first showing

date. Any violations of this rule by the listing agent or seller will result in fines to the listing

agent as follows:

First Offense: $750.00

Second Offense: $1500.00

Third and Subsequent Offense: $5000.00

Prior to the listing being accepted by the service, the seller and listing agent will have to execute

a signed statement attesting they under stand this rule and the consequences for non-compliance.

Section 1.01 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. (Adopted 11/19)

Note: Exclusive listing information for required property types must be filed and distributed to

other MLS Participants for cooperation under the Clear Cooperation Policy. This applies to

listings filed under Section 1 and listings exempt from distribution under Section 1.3 of the NAR

model MLS rules, and any other situation where the listing broker is publicly marketing an

exclusive listing that is required to be filed with the service and is not currently available to other

MLS Participants.

Section 1.1: Types of Properties

Following are some of the types of properties that may be published through the service,

including types described in the preceding paragraph that are required to be filed with the service

and other types that may be filed with the service at the participant’s option provided, however,

that any listing submitted is entered into within the scope of the participant’s licensure as a real

estate broker: (Amended 11/91)

• residential

• motel-hotel

• residential income

• mobile homes

• subdivided vacant lot

• mobile home parks

• land and ranch

• commercial income

• business opportunity

• industrial

Section 1.1.1: Listings Subject to Rules and Regulations of the Service

Any listing taken on a contract to be filed with the multiple listing service is subject to the rules

and regulations of the service upon signature of the seller(s).

Section 1.2: Detail on Listings Filed with the Service

A listing agreement or property data form, when filed with the multiple listing service by the

listing broker, shall be complete in every detail which is ascertainable as specified on the

property data form. Whether or not a property data form or listing agreement is required to be

furnished to the local board office can be determined at the local board level. Each listing broker

is wholly responsible for submitting all listing data and inputting it into the MLS System.

Section 1.2.0: Accuracy of Listing Data

Participants and subscribers are required to submit accurate listing data and required to correct

any known errors.

Section 1.2.1: Limited Service Listings

Listing agreements under which the listing broker will not provide one, or more, of the following

services:

a) arrange appointments for cooperating brokers to show listed property to potential

purchasers but instead gives cooperating brokers authority to make such appointments

directly with the seller(s)

b) accept and present to the seller(s) offers to purchase procured by cooperating brokers

but instead gives cooperating brokers authority to present offers to purchase directly to the

seller(s)

c) advise the seller(s) as to the merits of offers to purchase

d) assist the seller(s) in developing, communicating, or presenting counter-offers

e) participate on the seller’s(s’) behalf in negotiations leading to the sale of the listed

property.

Limited Service Listings will be identified with an appropriate code or symbol (e.g., LR or LS)

in MLS compilations so potential cooperating brokers will be aware of the extent of the services

the listing broker will provide to the seller(s), and any potential for cooperating brokers being

asked to provide some or all of these services to listing brokers’ clients, prior to initiating efforts

to show or sell the property.

Section 1.2.2: MLS Entry-Only Listings

Listing agreements under which the listing broker will not provide any of the following services:

a) arrange appointments for cooperating brokers to show listed property to potential

purchasers but instead gives cooperating brokers authority to make such appointments

directly with the seller(s)

b) accept and present to the seller(s) offers to purchase procured by cooperating brokers

but instead gives cooperating brokers authority to present offers to purchase directly to the

seller(s)

c) advise the seller(s) as to the merits of offers to purchase

d) assist the seller(s) in developing, communicating, or presenting counter-offers

e) participate on the seller’s(s’) behalf in negotiations leading to the sale of the listed

property

MLS entry only listings will be identified with an appropriate code or symbol (e.g., EO) in MLS

compilations so potential cooperating brokers will be aware of the extent of the services the

listing broker will provide to the seller(s), and any potential for cooperating brokers being asked

to provide some or all of these services to listing brokers’ clients, prior to initiating efforts to

show or sell the property.

Section 1.3: Exempt Listings

If the seller refuses to permit the listing to be disseminated by the service, the participant may

then take the listing (office exclusive) and such listing shall be filed with the service but not

disseminated to the participants. Filing of the listing should be accompanied by certification

signed by the seller that he does not desire the listing to be disseminated by the service.

Note 1: Section 1.3 is not required if the service does not require all (indicate type[s] of

listing[s]) accepted by the service) listings to be submitted by a participant to the service.

Note 2: MLS Participants must distribute exempt listings within (1) one business day once the

listing is publicly marketed. See Section 1.01, Clear Cooperation

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 one business

day after the authorized change is received by the listing broker.

A property is “Active” if it is listed in the MLS, ready to be shown, and there are no accepted

offers on the property.

A property is “Active-Contingent” if 1) there is an accepted offer on the property, 2) there are

unresolved contingencies associated with the accepted offer, 3) the property is still available to

be shown, and 4) backup offers are still being welcomed.

A property is “Pending” if 1) there is an accepted offer on the property, and 2) the seller does not

wish for further marketing of the property or showings. A property is “Sold” where the property

has closed successfully.

Section 1.5: Withdrawal of Listing Prior to Expiration

Listings of property may be withdrawn from the multiple listing service by the listing broker

before the expiration date of the listing agreement, provided notice is filed with the service,

including a copy of the agreement between the seller and the listing broker which authorizes the

withdrawal.

Sellers do not have the unilateral right to require an MLS to withdraw a listing without the listing

broker’s concurrence. However, when a seller(s) can document that his or her exclusive

relationship with the listing broker has been terminated, the multiple listing service may remove

the listing at the request of the seller. (Adopted 11/96)

Section 1.6: Contingencies Applicable to Listings

Any contingency or conditions of any term in a listing shall be specified and noticed to the

participants.

Section 1.7: Listing Price Specified

The full gross listing price stated in the listing contract will be included in the information

published in the MLS compilation of current listings, unless the property is subject to auction.

(Amended 11/92)

Section 1.8: Listing Multiple Unit Properties

All properties which are to be sold or which may be sold separately must be indicated

individually in the listing and on the property data form. When part of a listed property has been

sold, proper notification should be given to the multiple listing service.

Section 1.9: No Control of Commission Rates or Fees Charged by Participants

The multiple listing service shall not fix, control, recommend, suggest, or maintain commission

rates or fees for services to be rendered by participants. Further, the multiple listing service shall

not fix, control, recommend, suggest, or maintain the division of commissions or fees between

cooperating participants or between participants and nonparticipants.

Section 1.10: Expiration of Listings

Listings filed with the multiple listing service will automatically be removed from the

compilation of current listings on the expiration date specified in the agreement, unless prior to

that date the MLS receives notice that the listing has been extended or renewed. (Amended

11/01)

If notice of renewal or extension is received after the listing has been removed from the

compilation of current listings, the extension or renewal will be published in the same manner as

a new listing. Extensions and renewals of listings must be signed by the seller(s) and filed with

the service.

(Amended 11/01)

Section 1.11: Termination Date on Listings

Listings filed with the service shall bear a definite and final termination date, as negotiated

between the listing broker and the seller.

Section 1.12: Service Area

Only listings of the designated types of property located within the service area of the MLS are

required to be submitted to the service. Listings of property located outside the MLS’s service

area will be accepted if submitted voluntarily by a participant, but cannot be required by the

service. (Amended 11/17)

The service area of the IAR Regional MLS is the collective geographic area of the local boards

part of this MLS as recognized by the National Association of REALTORS.

Section 1.13: Listing of Suspended Participants

When a participant of the service is suspended from the MLS for failing to abide by a

membership duty (i.e., violation of the Code of Ethics, association bylaws, MLS bylaws, MLS

rules and regulations, or other membership obligations except failure to pay appropriate dues,

fees, or charges), all listings currently filed with the MLS by the suspended participant shall, at

the participant’s option, be retained in the service until sold, withdrawn or expired, and shall not

be renewed or extended by the MLS beyond the termination date of the listing agreement in

effect when the suspension became effective. If a participant has been suspended from the

association (except where MLS participation without association membership is permitted by

law) or MLS (or both) for failure to pay appropriate dues, fees, or charges, an association MLS is

not obligated to provide MLS services, including continued inclusion of the suspended

participant’s listings in the MLS compilation of current listing information. Prior to any removal

of a suspended participant’s listings from the MLS, the suspended participant should be advised,

in writing, of the intended removal so that the suspended participant may advise his clients.

Section 1.14: Listing of Expelled Participants

When a participant of the service is expelled from the MLS for failing to abide by a membership

duty (i.e., violation of the Code of Ethics, association bylaws, MLS bylaws, MLS rules and

regulations, or other membership obligations except failure to pay appropriate dues, fees, or

charges), all listings currently filed with the MLS by the expelled participant shall, at the

participant’s option, be retained in the service until sold, withdrawn, or expired, and shall not be

renewed or extended by the MLS beyond the termination date of the listing agreement in effect

when the expulsion became effective. If a participant has been expelled from the association

(except where MLS participation without association membership is permitted by law) or MLS

(or both) for failure to pay appropriate dues, fees, or charges, an association MLS is not

obligated to provide MLS services, including continued inclusion of the expelled participant’s

listings in the MLS compilation of current listing information. Prior to any removal of an

expelled participant’s listings from the MLS, the expelled participant should be advised, in

writing, of the intended removal so that the expelled participant may advise his clients.

Section 1.15: Listing of Resigned Participants

When a participant of the service resigns from the MLS, the MLS is not obligated to provide

services, including continued inclusion of the resigned participant’s listings in the MLS

compilation of current listing information. Prior to any removal of a resigned participant’s

listings from the MLS, the resigned participant should be advised, in writing, of the intended

removal so that the resigned participant may advise his clients.

Section 1.16: Property Addresses

At the time of filing a listing, participants and subscribers must include a property address

available to other participants and subscribers, and if an address doesn't exist, a parcel

identification number can be used. Where an address or parcel identification number are

unavailable, the information filed with the MLS must include a legal description of the property

sufficient to describe its location. (Amended 5/21)

Selling Procedures

Section 2: Showings and Negotiations

Appointments for showings and negotiations with the seller for the purchase of listed property

filed with the multiple listing service shall be conducted through the listing broker, except under

the following circumstances:

a) the listing broker gives the cooperating broker specific authority to show and/or

negotiate directly, or

b) after reasonable effort, the cooperating broker cannot contact the listing broker or his

representative; however, the listing broker, at his option, may preclude such direct

negotiations by cooperating brokers. (Amended 4/92)

Section 2.1: Presentation of Offers

The listing broker must make arrangements to present the offer as soon as possible, or give the

cooperating broker a satisfactory reason for not doing so. (Amended 4/92)

Section 2.2: Submission of Written Offers

The listing broker shall submit to the seller all written offers until closing unless precluded by

law, government rule, regulation, or agreed otherwise in writing between the seller and the

listing broker. Unless the subsequent offer is contingent upon the termination of an existing

contract, the listing broker shall recommend that the seller obtain the advice of legal counsel

prior to acceptance of the subsequent offer. (Adopted 11/87)

Participants representing buyers or tenants shall submit to the buyer or tenant all offers and

counter-offers until acceptance, and shall recommend that buyers and tenants obtain legal advice

where there is a question about whether a pre-existing contract has been terminated. (Amended

11/05)

Section 2.3: Right of Cooperating Broker in Presentation of Offer

The cooperating broker (subagent or buyer agent) or his representative has the right to participate

in the presentation to the seller or lessor of any offer he secures to purchase or lease. He does not

have the right to be present at any discussion or evaluation of that offer by the seller or lessor and

the listing broker. However, if the seller or lessor gives written instructions to the listing broker

that the cooperating broker not be present when an offer the cooperating broker secured is

presented, the cooperating broker has the right to a copy of the seller’s or lessor’s written

instructions. None of the foregoing diminishes the listing broker’s right to control the

establishment of appointments for such presentations. (Amended 4/92)

Where the cooperating broker is not present during the presentation of the offer, the cooperating

broker can request in writing, and the listing broker must provide, as soon as practical, written

affirmation stating that the offer has been submitted to the seller, or written notification that the

seller has waived the obligation to have the offer presented. (Amended 11/19)

Section 2.4: Right of Listing Broker in Presentation of Counter-offer

The listing broker or his representative has the right to participate in the presentation of any

counter-offer made by the seller or lessor. He does not have the right to be present at any

discussion or evaluation of a counter-offer by the purchaser or lessee (except when the

cooperating broker is a subagent). However, if the purchaser or lessee gives written instructions

to the cooperating broker that the listing broker not be present when a counter- offer is presented,

the listing broker has the right to a copy of the purchaser’s or lessee’s written instructions.

(Adopted 11/93)

Section 2.5: Reporting Sales to the Service

Status changes, including final closing of sales and sales prices, shall be reported to the multiple

listing service by the listing broker within 24 hours after they have occurred. If negotiations

were carried on under Section 2 a. or b. hereof, the cooperating broker shall report accepted

offers and prices to the listing broker within 24 hours after occurrence and the listing broker

shall report them to the MLS within 24 hours after receiving notice from the cooperating broker.

(Amended 11/11)

Note 1: The listing agreement of a property filed with the MLS by the listing broker should

include a provision expressly granting the listing broker authority to advertise; to file the listing

with the MLS; to provide timely notice of status changes of the listing to the MLS; and to

provide sales information including selling price to the MLS upon sale of the property. If deemed

desirable by the MLS to publish sales information prior to final closing (settlement) of a sales

transaction, the listing agreement should also include a provision expressly granting the listing

broker the right to authorize dissemination of this information by the MLS to its participants.

(Amended 11/01)

Note 2: In disclosure states, if the sale price of a listed property is recorded, the reporting of the

sale price may be required by the MLS.

In states where the actual sale prices of completed transactions are not publicly accessible,

failure to report sale prices can result in disciplinary action only if the MLS:

1. categorizes sale price information as confidential and

2. limits use of sale price information to participants and subscribers in providing real estate

services, including appraisals and other valuations, to customers and clients; and to

governmental bodies and third-party entities only as provided below.

The MLS may provide sale price information to governmental bodies only to be used for

statistical purposes (including use of aggregated data for purposes of valuing property) and

to confirm the accuracy of information submitted by property owners or their

representatives in connection with property valuation challenges; and to third-party entities

only to be used for academic research, statistical analysis, or for providing services to

participants and subscribers. In any instance where a governmental body or third-party

entity makes sale price information provided by the MLS available other than as provided

for in this provision, a listing participant may request the sale price information for a

specific property be withheld from dissemination for these purposes with written

authorization from the seller, and withholding of sale price information from those entities

shall not be construed as a violation of the requirement to report sale prices. (Adopted

11/11)

Note 3: As established in the Virtual Office Website (“VOW”) policy, sale prices can only be

categorized as confidential in states where the actual sale prices of completed transactions are not

accessible from public records. (Adopted 11/11)

Section 2.6: Reporting Resolutions of Contingencies

The listing broker shall report to the multiple listing service within twenty-four (24) hours that a

contingency on file with the multiple listing service has been fulfilled or renewed, or the

agreement cancelled.

Section 2.7: Advertising of Listings Filed With the Service

A listing shall not be advertised by any participant other than the listing broker without the prior

consent of the listing broker.

Section 2.8: Reporting Cancellation of Pending Sale

The listing broker shall report immediately to the multiple listing service the cancellation of any

pending sale, and the listing shall be reinstated immediately.

Section 2.9: Disclosing the Existence of Offers

Listing brokers, in response to inquiries from buyers or cooperating brokers shall, with the

seller’s approval, disclose the existence of offers on the property. Where disclosure is authorized,

the listing broker shall also disclose, if asked, whether offers were obtained by the listing

licensee, by another licensee in the listing firm, or by a cooperating broker. (Amended 11/08).

Section 2.10: Availability of Listed Property

Listing brokers shall not misrepresent the availability of access to show or inspect listed

property.

Section 3: Refusal to Sell

If the seller of any listed property filed with the multiple listing service refuses to accept a

written offer satisfying the terms and conditions stated in the listing, such fact shall be

transmitted immediately to the service and to all participants.

Prohibitions

Section 4: Information for Participants Only

Any listing filed with the service shall not be made available to any broker or firm not a member

of the MLS without the prior consent of the listing broker.

Section 4.1: For Sale Signs

Only the for sale sign of the listing broker may be placed on a property. (Amended 11/89)

Section 4.2: Sold Signs

Prior to closing, only the sold sign of the listing broker may be placed on a property, unless the

listing broker authorizes the cooperating (selling) broker to post such a sign. (Amended 4/96)

Section 4.3: Solicitation of Listing Filed With the Service

Participants shall not solicit a listing on property filed with the service unless such solicitation is

consistent with Article 16 of the REALTORS®’ Code of Ethics, its Standards of Practice, and its

Case Interpretations.

Note: This section is to be construed in a manner consistent with Article 16 of the Code of Ethics

and particularly Standard of Practice 16-4. This section is intended to encourage sellers to permit

their properties to be filed with the service by protecting them from being solicited, prior to

expiration of the listing, by brokers and salespersons seeking the listing upon its expiration.

Without such protection, a seller could receive hundreds of calls, communications, and visits

from brokers and salespersons who have been made aware through MLS filing of the date the

listing will expire and desire to substitute themselves for the present broker.

This section is also intended to encourage brokers to participate in the service by assuring them

that other participants will not attempt to persuade the seller to breach the listing agreement or to

interfere with their attempts to market the property. Absent the protection afforded by this

section, listing brokers would be most reluctant to generally disclose the identity of the seller or

the availability of the property to other brokers.

This section does not preclude solicitation of listings under the circumstances otherwise

recognized by the Standards of Practice related to Article 16 of the Code of Ethics.

Section 4.4: Use of the Terms MLS and Multiple Listing Service

No MLS participant, subscriber, or licensee affiliated with any participant shall, through the

name of their firm, their URLs, their e-mail addresses, their website addresses, or in any other

way represent, suggest, or imply that the individual or firm is an MLS, or that they operate an

MLS. Participants, subscribers and licensees affiliated with participants shall not represent,

suggest, or imply that consumers or others have direct access to MLS databases, or that

consumers or others are able to search MLS databases available only to participants and

subscribers. This does not prohibit participants and subscribers from representing that any

information they are authorized under MLS rules to provide to clients or customers is available

on their websites or otherwise. (Adopted 11/07)

Section 4.5: Services Advertised as "Free"

MLS participants and subscribers must 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. (Amended 11/21)

Division of Commissions

Section 5: Compensation Specified on Each Listing

The listing broker shall specify, on each listing filed with the multiple listing service, the

compensation offered to other multiple listing service participants for their services in the sale of

such listing. Such offers are unconditional except that entitlement to compensation is determined

by the cooperating broker’s performance as the procuring cause of the sale (or lease) or as

otherwise provided for in this rule. The listing broker’s obligation to compensate any cooperating

broker as the procuring cause of the sale (or lease) may be excused if it is determined through

arbitration that, through no fault of the listing broker and in the exercise of good faith and

reasonable care, it was impossible or financially unfeasible for the listing broker to collect a

commission pursuant to the listing agreement. In such instances, entitlement to cooperative

compensation offered through MLS would be a question to be determined by an arbitration

hearing panel based on all relevant facts and circumstances including, but not limited to, why it

was impossible or financially unfeasible for the listing broker to collect some or all of the

commission established in the listing agreement; at what point in the transaction did the listing

broker know (or should have known) that some or all of the commission established in the listing

agreement might not be paid; and how promptly had the listing broker communicated to

cooperating brokers that the commission established in the listing agreement might not be paid.

(Amended 11/98)

In filing a property with the multiple listing service of an association of REALTORS®, the

participant of the service is making blanket unilateral offers of compensation to the other MLS

participants, and shall therefore specify on each listing filed with the service, the compensation

being offered to the other MLS participants. Specifying the compensation on each listing is

necessary, because the cooperating broker has the right to know what his compensation shall be

prior to his endeavor to sell.* (Amended 11/96)

*The compensation specified on listings filed with the multiple listing service shall appear in one

of two forms. The essential and appropriate requirement by an association multiple listing

service is that the information to be published shall clearly inform the participants as to the

compensation they will receive in cooperative transactions, unless advised otherwise by the

listing broker, in writing, in advance of submitting an offer to purchase. The compensation

specified on listings published by the MLS shall be shown in one of the following forms:

1. by showing a percentage of the gross selling price

2. by showing a definite dollar amount (Amended 5/10)

Note: MLSs may also, as a matter of local discretion, allow participants to offer cooperative

compensation as a percentage of the net sales price, with the net sales price defined as the gross

sales price minus buyer upgrades (new construction) and seller concessions (as defined by the

MLS unless otherwise defined by state law or regulation). (Adopted 5/08)

While MLSs are not required to authorize participants to offer cooperative compensation based

on net sale prices, those that do permit such offers must define “seller concessions” for purposes

other than new construction, unless that term is defined by applicable state law or regulation.

The following definition of “seller concessions” is suggested but not required for adoption:

Points paid by seller on behalf of buyer, seller-paid buyer closing costs, cash or cash allowances

not escrowed, down payment assistance, additions or alterations not considered deferred

maintenance, and personal property not usual and customary to such transactions conveyed

from seller to buyer having an agreed upon monetary value. (Adopted 05/12)

The listing broker retains the right to determine the amount of compensation offered to other

participants (acting as subagents, buyer agents, or in other agency or nonagency capacities

defined by law) which may be the same or different. (Amended 11/96)

This shall not preclude the listing broker from offering any MLS participant compensation other

than the compensation indicated on any listing published by the MLS, provided the listing broker

informs the other broker, in writing, in advance of submitting an offer to purchase, and provided

that the modification in the specified compensation is not the result of any agreement among all

or any other participants in the service. Any superseding offer of compensation must be

expressed as either a percentage of the gross sales price or as a flat dollar amount. (Amended

5/10)

Note 1: The association multiple listing service shall not have a rule requiring the listing broker

to disclose the amount of total negotiated commission in his listing contract, and the association

multiple listing service shall not publish the total negotiated commission on a listing which has

been submitted to the MLS by a participant. The association multiple listing service shall not

disclose in any way the total commission negotiated between the seller and the listing broker.

Note 2: The listing broker may, from time to time, adjust the compensation offered to other

multiple listing service participants for their services with respect to any listing by advance

published notice to the service so that all participants will be advised. (Amended 4/92)

Note 3: The multiple listing service shall make no rule on the division of commissions between

participants and nonparticipants. This should remain solely the responsibility of the listing

broker.

Note 4: Multiple listing services, at their discretion, may adopt rules and procedures enabling

listing brokers to communicate to potential cooperating brokers that gross commissions

established in listing contracts are subject to court approval, and that compensation payable to

cooperating brokers may be reduced if the gross commission established in the listing contract is

reduced by a court. In such instances, the fact that the gross commission is subject to court

approval and either the potential reduction in compensation payable to cooperating brokers or the

method by which the potential reduction in compensation will be calculated must be clearly

communicated to potential cooperating brokers prior to the time they submit an offer that

ultimately results in a successful transaction. (Amended 5/10)

Note 5: Nothing in these MLS rules precludes a listing participant and a cooperating participant,

as a matter of mutual agreement, from modifying the cooperative compensation to be paid in the

event of a successful transaction. (Adopted 11/05)

Note 6: Multiple listing services must give participants the ability to disclose to other

participants any potential for a short sale. As used in these rules, short sales are defined as a

transaction where title transfers, where the sale price is insufficient to pay the total of all liens

and costs of sale, and where the seller does not bring sufficient liquid assets to the closing to cure

all deficiencies. Multiple listing services may, as a matter of local discretion, require participants

to disclose potential short sales when participants know a transaction is a potential short sale. In

any instance where a participant discloses a potential short sale, they may, as a matter of local

discretion, also be permitted to communicate to other participants how any reduction in the gross

commission established in the listing contract required by the lender as a condition of approving

the sale will be apportioned between listing and cooperating participants. All confidential

disclosures and confidential information related to short sales, if allowed by local rules, must be

communicated through dedicated fields or confidential “remarks” available only to participants

and subscribers. (Amended 5/09)

Section 5.0.1: Disclosing Potential Short Sales

Participants may, but are not required to, disclose potential short sales (defined as a transaction

where title transfers, where the sale price is insufficient to pay the total of all liens and costs of

sale and where the seller does not bring sufficient liquid assets to the closing to cure all

deficiencies) to other participants and subscribers. (Amended 5/09)

When disclosed, participants may, at their discretion, advise other participants whether and how

any reduction in the gross commission established in the listing contract, required by the lender

as a condition of approving the sale, will be apportioned between listing and cooperating

participants. (Adopted 5/09)

Where participants communicate to other participants how any reduction in the gross

commission established in the listing contract required by the lender as a condition of approving

the sale will be apportioned between the listing and cooperating participants, listing participants

shall disclose to cooperating participants in writing the total reduction in the gross commission

and the amount by which the compensation payable to the cooperating broker will be reduced

within 48 hours of receipt of notification from the lender. (Adopted 5/10)

Section 5.1: Participant as Principal

If a participant or any licensee (or licensed or certified appraiser) affiliated with a participant has

any ownership interest in a property, the listing of which is to be disseminated through the

multiple listing service, that person shall disclose that interest when the listing is filed with the

multiple listing service and such information shall be disseminated to all multiple listing service

participants.

Section 5.2: Participant as Purchaser

If a participant or any licensee (including licensed and certified appraisers) affiliated with a

participant wishes to acquire an interest in property listed with another participant, such

contemplated interest shall be disclosed, in writing, to the listing broker not later than the time an

offer to purchase is submitted to the listing broker. (Adopted 2/92)

Section 5.3: Dual or Variable Rate Commission Arrangements

The existence of a dual or variable rate commission arrangement (i.e., one in which the

seller/landlord agrees to pay a specified commission if the property is sold/leased by the listing

broker without assistance and a different commission if the sale/lease results through the efforts

of a cooperating broker; or one in which the seller/landlord agrees to pay a specified commission

if the property is sold/leased by the listing broker either with or without the assistance of a

cooperating broker and a different commission if the sale/lease results through the efforts of a

seller/landlord) shall be disclosed by the listing broker by a key, code, or symbol as required by

the MLS. The listing broker shall, in response to inquiries from potential cooperating brokers,

disclose the differential that would result in either a cooperative transaction or, alternatively, in a

sale/lease that results through the efforts of the seller/landlord. If the cooperating broker is a

buyer/tenant representative, the buyer/tenant representative must disclose such information to

their client before the client makes an offer to purchase or lease. (Amended 5/01)

Section 5.4: Display of Listing Broker's Offer of Compensation

Participants and subscribers who share the listing broker's offer of compensation for an active

listing must display the following disclaimer or something similar.

The listing broker's offer of compensation is made only to participants of the MLS where

the listing is filed. (Amended 11/21)

Section 6: Service Fees and Charges

The services charges and fees are explained below

The following service charges for operation of the multiple listing service are in effect to defray

the costs of the service and are subject to change from time to time in the manner prescribed:

Initial Participation Fee: An applicant for participation in the service may be required to pay an

application fee as determined by their local board.

Note: The initial participation fee shall approximate the cost of bringing the service to the

participant.

Recurring Participation Fee: The annual participation fee of each participant shall be an

amount equal to $24/month times each salesperson and licensed or certified appraiser who has

access to and use of the service, 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. Payment of such fees shall be made on or before the first day of the fiscal year of the

multiple listing service. Fees shall be prorated on a monthly basis.

In August 2018, the NAR Leadership Team made additional revisions to the Model MLS Rules

and Regulations. The language in the paragraph below will appear different from the printed

version of the Handbook on Multiple Listing Policy.

However, MLSs must provide participants the option of a no-cost waiver of MLS fees, dues, and

charges for any licensee or licensed or certified appraiser who can demonstrate subscription to a

different MLS or CIE where the principal broker participates. MLSs may, at their discretion,

require that broker participants sign a certification for nonuse of its MLS services by their

licensees, which can include penalties and termination of the waiver if violated.* (Amended 5/18

and 8/18 [Leadership Team])

Note 1: A multiple listing service may elect to have such fees payable on a quarterly or even on

a monthly basis. However, added administrative services are necessitated by increased frequency

of such payments.

Note 2: Multiple listing services that choose to include affiliated unlicensed administrative and

clerical staff, personal assistants, and/or individuals seeking licensure or certification as real

estate appraisers among those eligible for access to and use of MLS information as subscribers

may, at their discretion, charge recurring fees. (Amended 11/17)

*Note: Mandatory waiver provision is effective no later than July 1, 2018.

Compliance With Rules

Section 7: Compliance With Rules - Authority 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, through the administrative and hearing procedures established in these

rules, 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) appropriate, reasonable fine not to exceed $15,000

e) suspension of MLS rights, privileges, and services for not less than thirty (30) days nor

more than one (1) year

f) termination of MLS rights, privileges, and services with no right to reapply for a

specified period not to exceed three (3) years. (Revised 11/14)

Note 1: 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 Board of Directors, 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 or more forms of discipline are

held in abeyance during the probationary period does not bar imposition of other forms of

discipline which will not be held in abeyance. (Revised 05/14)

Note 2: MLS participants and subscribers can receive no more than three (3) administrative

sanctions in a calendar year before they are required to attend a hearing for their actions and

potential violations of MLS rules, except that the MLS may allow more administrative sanctions

for violations of listing information provided by participants and subscribers before requiring a

hearing. The MLS must send a copy of all administrative sanctions against a subscriber to the

subscriber’s participant and the participant is required to attend the hearing of a subscriber who

has received more than three (3) administrative sanctions within a calendar year. (Adopted

11/20)

Section 7.1: 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, the provisions of Sections 9 and 9.1 shall

apply

Note: Generally, warning, censure, and the imposition of a moderate fine are sufficient to

constitute a deterrent to violation of the rules and regulations of the multiple listing service.

Suspension or termination is an extreme sanction to be used in cases of extreme or repeated

violation of the rules and regulations of the service. If the MLS desires to establish a series of

moderate fines, they should be clearly specified in the rules and regulations. (Amended 11/88)

Section 7.2: Applicability of Rules to Users and/or Subscribers

Non-principal brokers, sales 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 any

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. (Adopted 4/92)Section 8: Meetings of

MLS Committee

The multiple listing service committee shall meet for the transaction of its business at a time and

place to be determined by the committee or at the call of the chairperson. The committee will

consist of (2) members of each local board part of the IAR Regional MLS, who shall be voting

members. Each executive officer will be a non-voting member of the committee. These

members will serve two-year terms and shall annually select a chair and vice-chair. Committee

meetings may be held virtually by audio or video means, so long as each member of the

committee can simultaneously hear and talk to one another.

Section 8.1: Meetings of MLS Participants

The committee may call meetings of the participants in the service to be known as meetings of

the multiple listing service.

Section 8.2: Conduct of the Meetings

The chairperson or vice chairperson shall preside at all meetings or, in their absence, a temporary

chairperson from the membership of the committee shall be named by the chairperson or, upon

his failure to do so, by the committee.

Enforcement of Rules or Disputes

Section 9: Consideration of Alleged Violations

The committee 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

Committee (Board of Directors). (Amended 5/18)

When requested by a complainant, the MLS will process a compliant without revealing the

complainant’s identity. If a complaint is subsequently forwarded to a hearing, and the original

complainant does not consent to participating in the process, the MLS will appoint a

representative to serve as the complainant. (Amended 11/20)

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 determined by the multiple listing service committee, and if a

violation is determined, the committee may direct the imposition of sanction, provided the

recipient of such sanction may request a hearing before the professional standards committee of

the association in accordance with the bylaws and rules and regulations of the association of

REALTORS® within twenty (20) days following receipt of the committee’s decision. (Amended

11/96)

If, rather than conducting an administrative review, the multiple listing committee has a

procedure established to conduct hearings, the decision of the multiple listing committee may be

appealed to the board of directors of the association of REALTORS® within twenty (20) days of

the tribunal’s decision being rendered. Alleged violations involving unethical conduct shall be

referred to the association’s grievance committee for processing in accordance with the

professional standards procedures of the association. If the charge alleges a refusal to arbitrate,

such charge shall be referred directly to the board of directors of the association of

REALTORS®. (Amended 2/98)

Section 9.2: Complaints of Unethical Conduct

All other complaints of unethical conduct shall be referred by the committee to the secretary of

the association of REALTORS® for appropriate action in accordance with the professional

standards procedures established in the association’s bylaws. (Amended 11/88)

Section 9.3: Complaints of Unauthorized Use of Listing Content

Any participant who believes another participant has engaged in the unauthorized use or display

of listing content, including photographs, images, audio or video recordings, and virtual tours,

shall send notice of such alleged unauthorized use to the MLS. Such notice shall be in writing,

specifically identify the allegedly unauthorized content, and be delivered to the MLS not more

than sixty (60) days after the alleged misuse was first identified. No participant may pursue

action over the alleged unauthorized use and display of listing content in a court of law without

first completing the notice and response procedures outlined in this Section 9.3 of the MLS rules.

Upon receiving a notice, the committee (Board of Directors) will send the notice to the

participant who is accused of unauthorized use. Within ten (10) days from receipt, the participant

must either: 1) remove the allegedly unauthorized content, or 2) provide proof to the committee

(Board of Directors) that the use is authorized. Any proof submitted will be considered by the

Committee (Board of Directors), and a decision of whether it establishes authority to use the

listing content will be made within thirty (30) days.

If the Committee (Board of Directors) determines that the use of the content was unauthorized,

the Committee (Board of Directors) may issue a sanction pursuant to Section 7 of the MLS rules,

including a request to remove and/or stop the use of the unauthorized content within ten (10)

days after transmittal of the decision. If the unauthorized use stems from a violation of the MLS

rules, that too will be considered at the time of establishing an appropriate sanction.

If after ten (10) days following transmittal of the Committee’s (Board of Director’s)

determination the alleged violation remains uncured (i.e. the content is not removed or the rules

violation remains uncured), then the complaining party may seek action through a court of law.

(Adopted 5/18)

Section 9.4: MLS Rules Violation

MLS participants may not take legal action against another participant for alleged rules

violation(s) unless the complaining participant has first exhausted the remedies provided in these

rules. (Adopted 5/18)

Note: Adoption of Sections 9.3 and 9.4 are not required if the MLS has adopted alternative

procedures to address alleged misuse of listing content that includes notice to the alleged

infringer.

Confidentiality of MLS Information

Section 10: Confidentiality of MLS Information

Any information provided by the multiple listing service to the participants shall be considered

official information of the service. Such information shall be considered confidential and

exclusively for the use of participants and real estate licensees affiliated with such participants

and those participants who are licensed or certified by an appropriate state regulatory agency to

engage in the appraisal of real property and licensed or certified appraisers affiliated with such

participants. (Amended 4/92)

Section 10.1 MLS Not Responsible for Accuracy of Information

The information published and disseminated by the service is communicated verbatim, without

change by the service, as filed with the service by the participant. The service does not verify

such information provided and disclaims any responsibility for its accuracy. Each participant

agrees to hold the service harmless against any liability arising from any inaccuracy or

inadequacy of the information such participant provides.

Ownership of MLS Compilation* and Copyright

*The term MLS compilation, as used in Sections 11 and 12 herein, shall be construed to include

any format in which property listing data is collected and disseminated to the participants,

including but not limited to bound book, loose-leaf binder, computer database, card file, or any

other format whatsoever.

Section 11

By the act of submitting any property listing content to the MLS, the participant represents and

warrants that he or she is fully authorized to license the property listing content as contemplated

by and in compliance with this section and these rules and regulations, and also thereby does

grant to the MLS license to include the property listing content in its copyrighted MLS

compilation and also in any statistical report on 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

the listed property. (Amended 5/18)

Each participant who submits listing content to the MLS agrees to defend and hold the MLS and

every other participant harmless from and against any liability or claim arising from any

inaccuracy of the submitted listing content or any inadequacy of ownership, license, or title to

the submitted listing content. (Adopted 5/18)

Note: The Digital Millennium Copyright Act (DMCA) is a federal copyright law that enhances

the penalties for copyright infringement occurring on the Internet. The law provides exemptions

or “safe harbors” from copyright infringement liability for online service providers (OSP) that

satisfy certain criteria. Courts construe the definition of “online service provider” broadly, which

would likely include MLSs as well as participants and subscribers hosting an IDX display.

One safe harbor limits the liability of an OSP that hosts a system, network or website on which

Internet users may post user-generated content. If an OSP complies with the provisions of this

DMCA safe harbor, it cannot be liable for copyright infringement if a user posts infringing

material on its website. This protects an OSP from incurring significant sums in copyright

infringement damages, as statutory damages are as high as $150,000 per work. For this reason, it

is highly recommended that MLSs, participants and subscribers comply with the DMCA safe

harbor provisions discussed herein.

To qualify for this safe harbor, the OSP must:

1. Designate on its website and register with the Copyright Office an agent to receive

takedown requests. The agent could be the MLS, participant, subscriber, or other individual

or entity.

2. Develop and post a DMCA-compliant website policy that addresses repeat offenders.

3. Comply with the DMCA takedown procedure. If a copyright owner submits a takedown

notice to the OSP, which alleges infringement of its copyright at a certain location, then the

OSP must promptly remove allegedly infringing material. The alleged infringer may submit

a counter-notice that the OSP must share with the copyright owner. If the copyright owner

fails to initiate a copyright lawsuit within ten (10) days, then the OSP may restore the

removed material.

4. Have no actual knowledge of any complained-of infringing activity.

5. Not be aware of facts or circumstances from which complained-of infringing activity is

apparent.

6. Not receive a financial benefit attributable to complained-of infringing activity when the

OSP is capable of controlling such activity.

Full compliance with these DMCA safe harbor criteria will mitigate an OSP’s copyright

infringement liability. For more information see 17 U.S.C. §512. (Adopted 11/15)

Section 11.1

All right, title, and interest in each copy of every multiple listing compilation created and

copyrighted by the Iowa Association of REALTORS® and in the copyrights therein, shall at all

times remain vested in the Iowa Association of REALTORS®.

Section 11.2: Display

Each participant shall be entitled to lease from the Iowa Association of REALTORS® a number

of copies of each MLS compilation sufficient to provide the participant and each person

affiliated as a licensee (including licensed or certified appraisers) with such participant with one

copy of such compilation. The participant shall pay for each such copy the rental fee set by the

association.*

Participants shall acquire by such lease only the right to use the MLS compilation in accordance

with these rules.

Use of Copyrighted MLS Compilation

Section 12: Distribution

Participants shall, at all times, maintain control over and responsibility for each copy of any

MLS compilation leased to them by the association of REALTORS®, and shall not distribute

any such copies to persons other than subscribers who are affiliated with such participant as

licensees, those individuals who are licensed or certified by an appropriate state regulatory

agency to engage in the appraisal of real property, and any other subscribers as authorized

pursuant to the governing documents of the MLS. Use of information developed by or published

by an association multiple listing service is strictly limited to the activities authorized under a

participant’s licensure(s) or certification, and unauthorized uses are prohibited. Further, none of

the foregoing is intended to convey participation or membership or any right of access to

information developed or published by an association multiple listing service where access to

such information is prohibited by law. (Amended 4/92)

Section 12.1: Display

Participants and those persons affiliated as licensees with such participants shall be permitted to

display the MLS compilation to prospective purchasers 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.

Section 12.2: Reproduction

Participants or their affiliated licensees shall not reproduce any MLS compilation or any portion

thereof, except in the following limited circumstances:

Participants or their affiliated licensees may reproduce from the MLS compilation and distribute

to prospective purchasers a reasonable* number of single copies of property listing data

contained in the MLS compilation which relate to any properties in which the prospective

purchasers are or may, in the judgment of the participants or their affiliated licensees, be

interested.

Nothing contained herein shall be construed to preclude any participant from utilizing,

displaying, distributing, or reproducing property listing sheets or other compilations of data

pertaining exclusively to properties currently listed for sale with the participant.

Any MLS information, whether provided in written or printed form, provided electronically, or

provided in any other form or format, is provided for the exclusive use of the participant and

those licensees affiliated with the participant who are authorized to have access to such

information. Such information may not be transmitted, retransmitted, or provided in any manner

to any unauthorized individual, office, or firm.

None of the foregoing shall be construed to prevent any individual legitimately in possession of

current listing information, sold information, comparables, or statistical information from

utilizing such information to support valuations on particular properties for clients and

customers. Any MLS content in data feeds available to participants for real estate brokerage

purposes must also be available to participants for valuation purposes, including automated

valuations. MLSs must either permit use of existing data feeds, or create a separate data feed, to

satisfy this requirement. MLSs may require execution of a third-party license agreement where

deemed appropriate by the MLS. MLSs may require participants who will use such data feeds to

pay the reasonably estimated costs incurred by the MLS in adding or enhancing its downloading

capacity for this purpose. Information deemed confidential may not be used as supporting

documentation. Any other use of such information is unauthorized and prohibited by these rules

and regulations. (Amended 05/14)

Use of MLS Information

Section 13: Limitations on Use of MLS Information

Information from MLS compilations of current listing information, from statistical reports, and

from any sold or comparable report of the association or MLS may be used by MLS participants

as the basis for aggregated demonstrations of market share or comparisons of firms in public

mass-media advertising or in other public representations. This authority does not convey the

right to include in any such advertising or representation information about specific properties

which are listed with other participants, or which were sold by other participants (as either listing

or cooperating broker).

However, any print or non-print forms of advertising or other forms of public representations

based in whole or in part on information supplied by the association or its MLS must clearly

demonstrate the period of time over which such claims are based and must include the following,

or substantially similar, notice:

Based on information from the Iowa Association of REALTORS® (alternatively, from the

_____ MLS) for the period (date) through (date). (Adopted 11/97)

Changes in Rules and Regulations

Section 14: Changes in Rules and Regulations

Amendments to the rules and regulations of the service shall be by a majority vote of the

members of the multiple listing service committee, subject to approval by the board of directors

of the association of REALTORS®.

Note: Some associations may prefer to change the rules and regulations by a vote of the

participants, subject to approval by the board of directors of the association of REALTORS®.

Orientation

Section 15: Orientation

Any applicant for MLS participation and any licensee (including licensed or certified appraisers)

affiliated with an MLS participant who has access to and use of MLS-generated information

shall 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. (Amended

11/04)

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. (Amended11/17)

Internet Data Exchange (IDX)

Section 16: IDX Defined

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 devices. As used throughout these rules, “display”

includes “delivery” of such listing. (Amended 5/17)

Section 16.1: Authorization –

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.*

Section 16.2: Participation –

Option #3: Participation in IDX is available to all MLS participants engaged in real estate

brokerage who consent to display of their listings by other participants. (Amended 11/09)

Section 16.2.1

Participants must notify the MLS of their intention to display IDX information and must give the

MLS direct access for purposes of monitoring/ensuring compliance with applicable rules and

policies. (Amended 05/12).

Section 16.2.2

MLS participants may not use IDX-provided listings for any purpose other than display as

provided for in these rules. This does not require participants to prevent indexing of IDX listings

by recognized search engines. (Amended 05/12)

Section 16.2.3

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. (Amended 05/17)

Section 16.2.4

Participants may select the listings they choose to display through IDX 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), or type of listing (e.g., exclusive right-to-sell or exclusive agency).

Selection of listings displayed through IDX must be independently made by each participant.

(Amended 11/21)

Section 16.2.5

Participants must refresh all MLS downloads and IDX displays automatically fed by

those downloads at least once every twelve (12) hours. (Amended 11/14)

Section 16.2.6

Except as provided in the IDX policy and these rules, an IDX site or a participant or user

operating an IDX site or displaying IDX information as otherwise permitted may not distribute,

provide, or make any portion of the MLS database available to any person or entity. (Amended

05/12)

Section 16.2.7

Any IDX display controlled by a participant 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. (Amended 05/12).

Section 16.2.8

Any IDX display controlled by a participant or subscriber 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,

b) displays an automated estimate of the market value of the listing (or hyperlink to such

estimate) in immediate conjunction with the listing,

either or both of those features shall be disabled or discontinued 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 participants. Except for the foregoing and subject to Section 18.2.9, a participant’s IDX

display may communicate the participant’s professional judgment concerning any listing.

Nothing shall prevent an IDX display from notifying its customers that a particular feature has

been disabled at the request of the seller. (Adopted 05/12)

Section 16.2.9

Participants shall maintain a means (e.g., e-mail address, telephone number) to receive comments

about the accuracy of any data or information that is added by or on behalf of the participant

beyond that supplied by the MLS and that relates to a specific property. Participants shall correct

or remove any false data or information relating to a specific property upon receipt of a

communication from the listing broker or listing agent for the property explaining why the data

or information is false. However, participants shall not be obligated to remove or correct any

data or information that simply reflects good faith opinion, advice, or professional judgment.

(Amended 05/12)

Section 16.2.10

An MLS participant (or where permitted locally, an MLS subscriber) may co-mingle the listings

of other brokers received in an IDX feed with listings available from other MLS IDX feeds,

provided all such displays are consistent with the IDX rules, and the MLS participant (or MLS

subscriber) holds participatory rights in those MLSs. As used in this policy, “co-mingling”

means that consumers are able to execute a single property search of multiple IDX data feeds

resulting in the display of IDX information from each of the MLSs on a single search results

page; and that participants may display listings from each IDX feed on a single webpage or

display. (Adopted 11/14)

Section 16.2.11

Participants shall not modify or manipulate information relating to other participants' listings.

MLS participants may augment their IDX display of MLS data with applicable property

information from other sources to appear on the same webpage or display, clearly separated by

the data supplied by the MLS. The source(s) of the information must be clearly identified in the

immediate proximity to such data. This requirement does not restrict the format of MLS data

display or display of fewer than all of the available listings or fewer authorized fields. (Adopted

05/15)

Section 16.2.12

All listings displayed pursuant to IDX shall identify the listing firm, and the email or phone

number provided by the listing participant 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.*

(Amended 11/21)

*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. (Amended 5/17)

Section 16.3: Display

Display of listing information pursuant to IDX is subject to the following rules:

Section 16.3.1

Listings displayed pursuant to IDX shall contain only those fields of data designated by the

MLS. Display of all other fields (as determined by the MLS) is prohibited. Confidential

fields intended only for other MLS participants and users (e.g., showing instructions, and

property security information) may not be displayed. (Amended 11/21)

Section 16.3.2

All listings displayed pursuant to IDX shall identify the listing agent.

Section 16.3.3

Non-principal brokers and sales licensees affiliated with IDX participants may display

information available through IDX on their own websites subject to their participant’s consent

and control and the requirements of state law and/or regulation.

Section 16.3.4

All listings displayed pursuant to IDX shall show the MLS as the source of the information.

(Amended 05/17)

Section 16.3.5

Participants (and their affiliated licensees, if applicable) shall indicate on their websites that IDX

information is provided exclusively for consumers’ personal, noncommercial 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.* (Amended 05/17)

*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. (Amended 05/17)

Section 16.3.6

The data consumers can retrieve or download in response to an inquiry shall be determined by

the MLS but in no instance shall be limited to fewer than five hundred (500) listings or fifty

percent (50%) of the listings available for IDX display, whichever is fewer. (Amended 11/17)

Section 16.3.7

The right to display other participants’ listings pursuant to IDX shall be limited to a participant’s

office(s) holding participatory rights in this MLS.

Section 16.3.8

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 other MLSs, from non-

participating brokers, etc.) must display the source from which each such listing was obtained.*

(Amended 05/17)

Note: An MLS participant (or where permitted locally, an MLS subscriber) may co-mingle the

listings of other brokers received in an IDX feed with listings available from other MLS IDX

feeds, provided all such displays are consistent with the IDX rules, and the MLS participant (or

MLS subscriber) holds participatory rights in those MLSs. As used in this policy, “co-mingling”

means that consumers are able to execute a single property search of multiple IDX data feeds

resulting in the display of IDX information from each of the MLSs on a single search results

page; and that participants may display listings from each IDX feed on a single webpage or

display. (Adopted 11/14)

*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. (Amended 05/17)

Section 16.3.9Display of expired, withdrawn, and sold listings** is prohibited. (Amended

11/15)

**Note: If “sold” information is publicly accessible, display of “sold” listings may not be

prohibited. (Adopted 11/14)

Section 16.3.10

Display of seller’s(s’) and/or occupant’s(s’) name(s), phone number(s), and e-mail address(es) is

prohibited.

Note: The following Sections 18.3.14 and 18.3.15 may be adopted by MLSs that provide

participants with a “persistent” download (i.e., where the MLS database resides on participants’

servers) of the MLS database.

Section 16.3.11

Participants are required to employ appropriate security protection such as firewalls on their

websites and displays, provided that any security measures required may not be greater than

those employed by the MLS. (Amended 05/12)

Section 16.3.12

Deceptive or misleading advertising (including co-branding) on pages displaying IDX-provided

listings is prohibited. For purposes of these rules, co-branding will be presumed not to be

deceptive or misleading if the participant’s logo and contact information is larger than that of any

third party.

(Adopted 11/09)

Section 16.3.13 (only highlighted because new 2022 rule)

Display of expired, and withdrawn listings is prohibited. (Amended 05/21)

**Note: If “sold” information is publicly accessible, display of “sold” listings may not be

prohibited. (Adopted 11/14)

Section 17: Virtual Office Websites (VOWs)

Section 17.1 VOW Defined

a) A “Virtual Office Website” (VOW) is a participant’s Internet website, or a feature of a

participant’s website, through which the participant is capable of providing real estate

brokerage services to consumers with whom the participant has first established a broker-

consumer relationship (as defined by state law) where the consumer has the opportunity to

search MLS listing information, subject to the participant’s oversight, supervision, and

accountability. A non-principal broker or sales licensee affiliated with a participant may,

with his or her participant’s consent, operate a VOW. Any VOW of a non-principal broker

or sales licensee is subject to the participant’s oversight, supervision, and accountability.

b) As used in Section 19 of these rules, the term “participant” includes a participant’s

affiliated non-principal brokers and sales licensees—except when the term is used in the

phrases “participant’s consent” and “participant’s oversight, supervision, and

accountability”. References to “VOW” and “VOWs” include all Virtual Office Websites,

whether operated by a participant, by a non-principal broker or sales licensee, or by an

“Affiliated VOW Partner” (AVP) on behalf of a participant.

c) "Affiliated VOW Partner” (AVP) refers to an entity or person designated by a

participant to operate a VOW on behalf of the participant, subject to the participant’s

supervision, accountability, and compliance with the VOW policy. No AVP has

independent participation rights in the MLS by virtue of its right to receive information on

behalf of a participant. No AVP has the right to use MLS listing information, except in

connection with operation of a VOW on behalf of one or more participants. Access by an

AVP to MLS listing information is derivative of the rights of the participant on whose

behalf the AVP operates a VOW. As used in Section 19 of these rules, the term “MLS

listing information” refers to active listing information and sold data provided by

participants to the MLS and aggregated and distributed by the MLS to participants.

Section 17.2

a) The right of a participant’s VOW to display MLS listing information is limited to that

supplied by the MLS(s) in which the participant has participatory rights. However, a

participant with offices participating in different MLSs may operate a master website with

links to the VOWs of the other offices.

b) Subject to the provisions of the VOW policy and these rules, a participant’s VOW,

including any VOW operated on behalf of a participant by an AVP, may provide other

features, information, or functions, e.g., “Internet Data Exchange” (IDX).

c) Except as otherwise provided in the VOW policy or in these rules, a participant need not

obtain separate permission from other MLS participants whose listings will be displayed

on the participant’s VOW.

Section 17.3

a) Before permitting any consumer to search for or retrieve any MLS listing information

on his or her VOW, the participant must take each of the following steps.

i. The participant must first establish with that consumer a lawful broker-consumer

relationship (as defined by state law), including completion of all actions required

by state law in connection with providing real estate brokerage services to clients

and customers (hereinafter, “Registrants”). Such actions shall include, but are not

limited to, satisfying all applicable agency, non-agency, and other disclosure

obligations, and execution of any required agreements.

ii. The participant must obtain the name of and a valid e-mail address for each

Registrant. The participant must send an e-mail to the address provided by the

Registrant confirming that the Registrant has agreed to the terms of use (described in

Subsection d., below). The participant must verify that the e-mail address provided

by the Registrant is valid and that the Registrant has agreed to the terms of use.

iii. The participant must require each Registrant to have a user name and a password,

the combination of which is different from those of all other Registrants on the

VOW. The participant may, at his or her option, supply the user name and password

or may allow the Registrant to establish its user name and password. The participant

must also assure that any e-mail address is associated with only one user name and

password.

b) The participant must assure that each Registrant’s password expires on a date certain,

but may provide for renewal of the password. The participant must at all times maintain a

record of the name, e-mail address, user name, and current password of each Registrant.

The participant must keep such records for not less than one hundred eighty (180) days

after the expiration of the validity of the Registrant’s password.

c) If the MLS has reason to believe that a participant’s VOW has caused or permitted a

breach in the security of MLS listing information or a violation of MLS rules, the

participant shall, upon request of the MLS, provide the name, e-mail address, user name,

and current password, of any Registrant suspected of involvement in the breach or

violation. The participant shall also, if requested by the MLS, provide an audit trail of

activity by any such Registrant.

d) The participant shall require each Registrant to review and affirmatively to express

agreement (by mouse click or otherwise) to a terms of use provision that provides at least

the following:

i. that the Registrant acknowledges entering into a lawful consumer-broker

relationship with the participant

ii. that all information obtained by the Registrant from the VOW is intended only for

the Registrant’s personal, non-commercial use

iii. that the Registrant has a bona fide interest in the purchase, sale, or lease of real

estate of the type being offered through the VOW

iv. that the Registrant will not copy, redistribute, or retransmit any of the

information provided, except in connection with the Registrant’s consideration of

the purchase or sale of an individual property

v. that the Registrant acknowledges the MLS’ ownership of and the validity of the

MLS’ copyright in the MLS database

e) The terms of use agreement may not impose a financial obligation on the Registrant or

create any representation agreement between the Registrant and the participant. Any

agreement entered into at any time between the participant and Registrant imposing a

financial obligation on the Registrant or creating representation of the Registrant by the

participant must be established separately from the terms of use, must be prominently

labeled as such, and may not be accepted solely by mouse click.

f) The terms of use agreement shall also expressly authorize the MLS and other MLS

participants or their duly authorized representatives to access the VOW for the purposes of

verifying compliance with MLS rules and monitoring display of participants’ listings by

the VOW. The agreement may also include such other provisions as may be agreed to

between the participant and the Registrant.

Section 17.4

A participant’s VOW must prominently display an e-mail address, telephone number, or specific

identification of another mode of communication (e.g., live chat) by which a consumer can

contact the participant to ask questions or get more information about any property displayed on

the VOW. The participant or a non-principal broker or sales licensee licensed with the

participant must be willing and able to respond knowledgeably to inquiries from Registrants

about properties within the market area served by that participant and displayed on the VOW.

Section 17.5

A participant’s VOW must employ reasonable efforts to monitor for and prevent

misappropriation, scraping, and other unauthorized uses of MLS listing information. A

participant’s VOW shall utilize appropriate security protection such as firewalls as long as this

requirement does not impose security obligations greater than those employed concurrently by

the MLS.

Note: MLSs may adopt rules requiring Participants to employ specific security measures,

provided that any security measure required does not impose obligations greater than those

employed by the MLS.

Section 17.6

a) A participant’s VOW shall not display the listings or property addresses of any seller

who has affirmatively directed the listing broker to withhold the seller’s listing or property

address from display on the Internet. The listing broker shall communicate to the MLS that

the seller has elected not to permit display of the listing or property address on the Internet.

Notwithstanding the foregoing, a participant who operates a VOW may provide to

consumers via other delivery mechanisms, such as e-mail, fax, or otherwise, the listings of

sellers who have determined not to have the listing for their property displayed on the

Internet.

b) A participant who lists a property for a seller who has elected not to have the property

listing or the property address displayed on the Internet shall cause the seller to execute a

document that includes the following (or a substantially similar) provision.

c) The participant shall retain such forms for at least one (1) year from the date they are

signed or one (1) year from the date the listing goes off the market, whichever is greater.

Seller Opt-out Form

1. Check one.

a. ____ I have advised my broker or sales agent that I do not want the listed property to be

displayed on the Internet.

b. ____ I have advised my broker or sales agent that I do not want the address of the listed

property to be displayed on the Internet.

2. I understand and acknowledge that if I have selected Option a., consumers who conduct

searches for listings on the Internet will not see information about the listed property in response

to their searches.

____________

Initials of Seller

Section 17.7

a) Subject to Subsection b., below, a participant’s VOW may allow third-parties:

i. to write comments or reviews about particular listings or display a hyperlink to

such comments or reviews in immediate conjunction with particular listings, or

ii. to display an automated estimate of the market value of the listing (or hyperlink to

such estimate) in immediate conjunction with the listing.

b) Notwithstanding the foregoing, at the request of a seller, the participant shall disable or

discontinue either or both of those features described in Subsection a. as to any listing 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 participants’

websites. Subject to the foregoing and to Section 19.8, a participant’s VOW may

communicate the participant’s professional judgment concerning any listing. A

participant’s VOW may notify its customers that a particular feature has been disabled at

the request of the seller.

Section 17.8

A participant’s VOW shall maintain a means (e.g., e-mail address, telephone number) to receive

comments from the listing broker about the accuracy of any information that is added by or on

behalf of the participant beyond that supplied by the MLS and that relates to a specific property

displayed on the VOW. The participant shall correct or remove any false information relating to

a specific property within forty-eight (48) hours following receipt of a communication from the

listing broker explaining why the data or information is false. The participant shall not, however,

be obligated to correct or remove any data or information that simply reflects good faith opinion,

advice, or professional judgment.

Section 17.9

A participant shall cause the MLS listing information available on its VOW to be refreshed at

least once every three (3) days.

Section 17.10

Except as provided in these rules, in the NATIONAL ASSOCIATION OF REALTORS®, VOW

policy, or in any other applicable MLS rules or policies, no participant shall distribute, provide,

or make accessible any portion of the MLS listing information to any person or entity.

Section 17.11

A participant’s VOW must display the participant’s privacy policy informing Registrants of all

of the ways in which information that they provide may be used.

Section 17.12

A participant’s VOW may exclude listings from display based only on objective criteria,

including, but not limited to, factors such as geography, list price, type of property, cooperative

compensation offered by listing broker, and whether the listing broker is a REALTOR®.

Section 17.13

A participant who intends to operate a VOW to display MLS listing information must notify the

MLS of its intention to establish a VOW and must make the VOW readily accessible to the MLS

and to all MLS participants for purposes of verifying compliance with these rules, the VOW

policy, and any other applicable MLS rules or policies.

Section 17.14

A participant may operate more than one VOW himself or herself or through an AVP. A

participant who operates his or her own VOW may contract with an AVP to have the AVP

operate other VOWs on his or her behalf. However, any VOW operated on behalf of a

participant by an AVP is subject to the supervision and accountability of the participant.

Note: Adoption of Sections 19.15 through 19.19 is at the discretion of the MLS. However, if any

of the following sections are adopted, an equivalent requirement must be imposed on

participants’ use of MLS listing information in providing brokerage service through all other

delivery mechanisms.

Section 17.15

A participant’s VOW may not make available for search by or display to Registrants any of the

following information:

a) expired and withdrawn listings

Note: Due to the 2015 changes in IDX policy and the requirement that participants

be permitted to make MLS listing information available to Registrants of VOW sites

where such information may be made available via other delivery mechanisms,

MLSs can no longer prohibit the display of pending (“under contract”) listings on

VOW sites.

b) the compensation offered to other MLS participants

c) the type of listing agreement, i.e., exclusive right-to-sell or exclusive agency

d) the seller’s and occupant’s name(s), phone number(s), or e-mail address(es)

e) instructions or remarks intended for cooperating brokers only, such as those regarding

showings or security of listed property

Section 17.16

A participant shall not change the content of any MLS listing information that is displayed on a

VOW from the content as it is provided in the MLS. The participant may, however, augment

MLS listing information with additional information not otherwise prohibited by these rules or

by other applicable MLS rules or policies, as long as the source of such other information is

clearly identified. This rule does not restrict the format of display of MLS listing information on

VOWs or the display on VOWs of fewer than all of the listings or fewer than all of the

authorized information fields.

Section 17.17

A participant shall cause to be placed on his or her VOW a notice indicating that the MLS listing

information displayed on the VOW is deemed reliable, but is not guaranteed accurate by the

MLS. A participant’s VOW may include other appropriate disclaimers necessary to protect the

participant and/or the MLS from liability.

Section 17.18 (only highlighted due to new 2022 rule)

A participant shall cause any listing that is displayed on his or her VOW to identify the name of

the listing firm, the listing broker or agent, and the email or phone number provided by the

listing participant in a readily visible color, in a reasonably prominent location, and in typeface

not smaller than the median typeface used in the display of listing data. (Amended 11/21)

Section 17.20

A participant shall require that Registrants’ passwords be reconfirmed or changed every 120

days.

Section 17.21

A participant may display advertising and the identification of other entities (“co-branding”) on

any VOW the participant operates or that is operated on his or her behalf. However, a participant

may not display on any such VOW deceptive or misleading advertising or co-branding. For

purposes of this section, co-branding will be presumed not to be deceptive or misleading if the

participant’s logo and contact information (or that of at least one participant, in the case of a

VOW established and operated on behalf of more than one participant) is displayed in immediate

conjunction with that of every other party, and the logo and contact information of all

participants displayed on the VOW is as large as the logo of the AVP and larger than that of any

third party.

Section 17.22

A participant shall cause any listing displayed on his or her VOW obtained from other sources,

including from another MLS or from a broker not participating in the MLS, to identify the source

of the listing.

Section 17.23

A participant shall cause any listing displayed on his or her VOW obtained from other sources,

including from another MLS or from a broker not participating in the MLS, to be searched

separately from listings in the MLS.

Section 17.24

Participants and the AVPs operating VOWs on their behalf must execute the license agreement

required by the MLS.

Section 17.25

Where a seller affirmatively directs his or her listing broker to withhold either the seller’s listing

or the address of the seller’s listing from display on the Internet, a copy of the seller’s affirmative

direction shall be provided to the MLS within forty-eight (48) hours.

(Adopted 11/08)