LISTING DATA
Listings can be posted only to the geographical area in which the property is located.
1.4. Taxes, assessment and condo fees must provide the most current information.
1.7. Waterfront Properties: In the event there exists a travelled road between the deeded property and a body of water, it must be disclosed in the Public Information section of a Listing and may be marked as a "waterfront" property provided Waterfront Travelled Road Between is selected as a waterfront feature.
1.9.Information concerning the commission payable to the Cooperating Brokerage cannot be included in the REALTOR® Remarks. Any items relating to commission must be written in the commission fields only.
1.13.Where a listing is being suspended, OREA Form 241 – Suspension of Listing Agreement must be used and the reactivation date must be indicated. In the event the reactivation date changes after the suspension has been entered into the system, an Amendment to Listing Agreement form must be used to reactivate the listing.
MLS® MARKETING OPTIONS
2.3 If a listing is going from MLS® to exclusive, a Cancellation of the Listing Agreement is required.
PROPERTY SHOWING RESTRICTIONS
3.1 If a property has restricted showing times the listing brokerage(s) must indicate the restriction(s) in the
appropriate areas of the MLS® System.
OFFER PRESENTATION RESTRICTIONS
4.1 If the Seller(s) has restricted when they will receive offers, the listing brokerage(s) must indicate restrictions exist in the appropriate section of the MLS® System.
REPORTING OF TRADES
6.1 “Conditional Trade date” must be the Confirmation of Acceptance date from the Agreement of Purchase and Sale or any amendment thereto.
6.2 “Trade price” must be the actual price from the Agreement of Purchase and Sale or any amendment thereto.
FINES
In accordance with Association policy,
10.1
a)The processing of a new MLS® Listing must be delivered to the association or loaded by the brokerage in the MLS® System no later than 11:59 p.m. of the Business Day following the commencement date of the listing, failing which a fine of $100 for the first offence, $200 for the second offence, and $300 for a third offence within a 12 month period will be levied. If there is a fourth offence, a complaint will be submitted to the association’s Professional Standards Committee to investigate.
10.5
Where images of the property containing wording not related to the property or surrounding area are submitted to the MLS® System, such images will be removed from the system by Association staff and a fine will be assessed as follows: $100 for the first offence, $200 for the second offence, $300 for the third offence and referral to the Professional Standards Committee on the fourth offence.
10.6 Where documentation related to the listing is not received as required in 8.1(ii) within 24 hours, a fine of $100 for the first offence, $200 for the
second offence, and $300 for a third offence within a 12 month period will be levied. If there is a fourth offence, a complaint will be submitted to the association’s Professional Standards Committee to investigate.
2.05 By submitting an MLS® Listing to the MLS® System the Listing Brokerage:
represents and warrants to the Association and to all Members that it owns the MLS® Listing and has the authority to cause all content of that MLS® Listing to be published on the MLS® System, and that a valid, MLS® Listing Agreement is in effect between the Seller and the Listing Brokerage.
shall indemnify and save the Association harmless from any loss to the Association arising out of any claim regarding the Listing Agreement, the MLS® Data Input Form and/or publication of the MLS® Listing on the MLS® System. This applies regardless of any agreement between the Listing Brokerage and the Seller that attempts to waive or shift the responsibility for the accuracy and/or completeness of the MLS® Listing and all matters that make up the MLS® Listing or any information submitted to the Association for inclusion in the MLS® System database to the Seller or any other Person.
2.07 In addition to the provisions of Sections 2.02, 2.03, 2.04, and 2.05 above and without limiting the generality of the other provisions contained in these MLS® Rules, a Listing shall not be accepted by the Association as an MLS® Listing if:
it excludes any Members from showing the property; and/or
it excludes any Members from acting as Co-operating Brokerages; and/or
all mandatory data input fields have not been completed; and/or
it is not Immediately available for showings and the registration of offers; and/or
it is not immediately available for the Presentation of Offers, except where the Listing Agreement is accompanied by an OREA Form 244 (Seller's Direction re: Property/Offers) or equivalent, fully executed in relation to that part of the form dealing with the Presentation of Offers and attached as a Schedule to said Listing Agreement. Notice of such restrictions must be disclosed in the REALTOR® Remarks of the MLS® System.
it includes disclaimers of responsibility by the Listing Brokerage for the accuracy or completeness of the information on the MLS® Listing, or any requirement for Members or Cooperating Brokerages or Buyers to verify the information; and/or
it Includes any instruction from a Seller that would relieve the Listing Brokerage or any other Brokerage of any obligation under these MLS® Rules
2.10 In cases where an MLS® Listing:
has a Special Offer Condition; and/or,
includes any Special Agreement;
the existence of such Special Offer Condition or Special Agreement must be identified in the nonpublic section of the MLS® Listing. The precise terms of any such Special Agreement or Special Offer Condition shall be provided in writing to other Members and Co-operating Brokerages immediately upon request.
2.13 Since there are areas within the MLS® Data Input Form where the Listing Brokerage may insert its contact information, including but not limited to, an area of the form where the Listing Brokerage may insert virtual tour information and electronic links, including URL’s (if any), then subject to and without limiting the generality of Section 2.03 above:
only comments which provide pertinent information concerning the property shall be permitted in the public remarks section of any MLS® Listing (ie. “Call me” is prohibited); and
only comments which provide pertinent information concerning the property, the showing of the property, the transaction or other factors (excluding remuneration) impacting Cooperating Brokerages shall be permitted in the non-public remarks section of any MLS® Listing.
2.14 Every Image submitted to the MLS® System shall prominently feature the Property Specific Information, including surrounding amenities, relating to the MLS® Listed property which shall not include advertising or marketing messages with the exception of architectural drawings, floor plans, maps, aerial or distance photos relating to the property, of which a label is permissible, such as measurements.
2.15 At least one image must accompany the listing in order for the listing to be published in the MLS® System. The main image must be of the property or from the property. No photos shall contain for sale signs, Brokerage/Salesperson/team logos or business cards as a photograph.
2.20 Using the processes required by the Association and not later than 11:59 p.m. on the Business Day following the commencement date of the MLS® Listing, the Listing Brokerage shall:
deliver the MLS® Listing directly to the Association for Association Data Entry, or
enter said MLS® Listing by Direct Data Entry
2.23 Using the processes required by the Association and not later than 11:59 p.m. on the Business Day following the amendment date of the Amendment to Listing Agreement form, the Listing Brokerage shall update the MLS® System Listing with any change in price, terms or conditions of Trade.
2.24 An MLS® Listing may be extended to a new expiry date provided that before the current expiry date, the Listing Brokerage has received a copy of the Amendment on the Amendment to Listing Agreement form, duly signed on behalf of the Listing Brokerage and the Seller.
Using the processes required by the Association and not later than 11:59 p.m. on the Business Day following the amendment date of the Amendment to Listing Agreement form, the Listing Brokerage shall update the MLS® System Listing with the updated content.
Should the reduction of the term of the MLS® Listing cause the MLS® Listing to be expired, a properly executed cancellation of Listing Agreement form will be required.
2.27 All properties which are to be Traded separately shall be listed individually.
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