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Rules and Regulations—Multiple Listing Serviceof the Houston Realtors Information ServiceLISTING PROCEDURES1. Listings and Types of Properties: Listings of residential properties of thefollowing types, which are listed subject to a real estate broker’s license, located withinthe territorial jurisdiction of the HOUSTON ASSOCIATION OF REALTORS taken by Participants(also referred to as Participant Subscribers) must be broker-loaded or filed (delivered orpostmarked) with the Multiple Listing Service (Multiple also referred to as MLS orHARMLS) office within five (5) days after the commencement of the term of the listingcontract and all necessary signatures of seller(s) or lessor(s) have been obtained. Thelist date shall be the beginning date of the term of the listing agreement:(a) Class 1 - Single-family detached residence on property up to and including10 acres. (Manufactured homes must include the sale of the land inorder to be listed as a Single-family detached residence. Newconstruction listings must have a building permit or proposedbuilding plan issued on the property before it can be listed asSingle-family detached)(b) Class 2 - Townhouse-Condominium. (Properties that are attached to anotherdwelling should be classified as Townhouse-Condominium)(c) Class 3 - Residential lots up to 10 acres in size. (Residential lot listingsshould be vacant sites without an existing dwelling. Exceptions mayinclude sites having an existing obsolete dwelling that makes noadditional contribution to the total market value of the property andlikely will be razed by a buyer)(d) Class 4 - Multi-family properties of not more than 12 units. (Apartmentcomplexes with more than 12 units are prohibited. Multi-familylistings must include the sale of the land and must be conveyedthrough a single deed in order to be listed as Multi-family)(e) Class 5 - Homes and acreage residential in nature, greater than 10 acres.(f) Class 6 - High Rise Condominiums. (Condominiums located in a buildingwith 4 or more stories)(g) Class 7 - Residential leases.NOTE 1: The Multiple Listing Service shall not require a Participant to submit listings ona form other than the form the Participant individually chooses to utilize providedthe listing is of a type accepted by the Service, although a Property Data Formmay be required as approved by the Multiple Listing Service. However, theMultiple Listing Service, through its legal counsel:1. May reserve the right to refuse to accept a listing form that fails to adequatelyprotect the interest of the public and the Participants.11/01/2008Page 1 of 34
2. Assure that no listing form filed with the Multiple Listing Service establishes,directly or indirectly, any contractual relationship between the Multiple ListingService and the client (buyer or seller, lessee or lessor).The Multiple Listing Service shall accept exclusive right to sell or lease listingcontracts and exclusive agency listing contracts, and may accept other forms ofagreement which make it possible for the listing broker to offer compensation tothe other Participants of the Multiple Listing Service acting as subagents, buyeragents, or both.The listing agreement must include the seller’s or lessor’s written authorization tosubmit the agreement to the Multiple Listing Service.3. The different types of listing agreements include:(a) exclusive right to sell(b) exclusive agency(c) open(d) netThe Service may not accept net listings because they are deemed unethical and,in most states, illegal. Open listings are not accepted except where required bylaw because the inherent nature of an open listing is such as to usually notinclude the authority to cooperate and compensate other brokers and inherentlyprovides a disincentive for cooperation.The exclusive right to sell or lease listing is the conventional form of listingsubmitted to the Multiple Listing Service in that the seller or lessor authorizes thelisting broker to cooperate with and to compensate other brokers.The exclusive agency listing also authorizes the listing broker, as exclusiveagent, to offer cooperation and compensation on blanket unilateral bases, butalso reserves to the seller the general right to sell or lease the property on anunlimited or restrictive basis. Exclusive agency listings and exclusive right to sellor lease listings with named prospects exempted should be clearly distinguishedby a simple designation such as code or symbol from exclusive right to sell orlease listings with no named prospects exempted, since they can present specialrisks of procuring cause controversies and administrative problems not posed byexclusive right to sell or lease listings with no named prospects exempted. Careshould be exercised to ensure that different codes or symbols are used to denoteexclusive agency and exclusive right to sell or lease listings with prospectreservations.NOTE 2: A Multiple Listing Service does not regulate the type of listings its Membersmay take. This does not mean that a Multiple Listing Service must accept everytype 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 itsservice to listings of certain kinds of property. But if it chooses to limit the kind oflistings it will accept, it shall leave its Members free to accept such listings to behandled outside the Multiple Listing Service.11/01/2008Page 2 of 34
1.1 Listings Subject to Rules of Multiple: Any listing to be entered intoMultiple is subject to the Rules and Regulations of Multiple upon signature of theseller(s) or lessor(s) and listing Participant.1.2 Listing Details: Any listing including any addendum and profile sheet, whenfiled with Multiple by the Participant, shall be complete in every detail and contain theentire agreement between the parties.(a)Directions – The Directions field must contain driving directions that anyreasonable, prudent person can use to locate the listed property. Ifdirections are to a model home or sales office, the Participant must specifythis information in the directions field. “Call Agent” and “See Key Map”shall not be entered in the directions field. Contact information such asnames, phone numbers, email addresses, web site addresses shall not beentered in the Directions field. The Directions field is intended for propertydirections only.(b)Physical Property Description - Public – The Physical PropertyDescription - Public field is intended to describe the physical attributes ofthe listed property only. Remarks related to the transaction such asavailable financing, cash back at closing, bonuses, upgrade incentives,upgrade allowances, repair and decorating allowances, etc. shall not beentered in the Physical Property Description - Public field. Confidentialinformation such as showing instructions or security codes and contactinformation such as names, phone numbers, email addresses, web siteaddresses, service provider information, the words FSBO or For Sale byOwner shall not be entered in the Physical Property Description - Publicfield.(c)Agent Remarks - Private – The Agent Remarks - Private field shall onlybe displayed to other MLS subscribers and shall not be displayed tocustomers, clients or consumers. It shall be used to convey additionalinformation related to the listed property or information related to thetransaction of the listed property such as available financing, cash back atclosing, bonuses, upgrade incentives, upgrade allowances, repairallowances, builder options, etc. Comments related to variablecommission offers based on conditions other than the cooperating agent’sperformance as the procuring cause of the sale or comments requiring theuse of a particular service provider or financial institution as a condition ofsale shall not be entered. Comments related to brokerage businessmodels or advertisements intended to recruit agents shall not be entered.1.3 Exempted Listings: If the seller or lessor, unsolicited, refuses to permit thelisting to be disseminated by Multiple, the listing Participant may then take the listing(office exclusive), but it shall not be filed with Multiple. If requested by the Service, thelisting Participant shall provide the Service a certification signed by the seller or lessorthat he does not desire the listing to be filed with Multiple.11/01/2008Page 3 of 34
1.4 Change of Price/Status of Listing: Any change in listed price or otherchange in a listing contract shall be made only when authorized in writing by the selleror lessor and shall be broker-loaded or filed with Multiple within five (5) days after noticeis received by the listing participant; provided, however, the listed price may only bechanged while the listing is in Active status. Each change in price must be authorized inwriting by the seller and specify the date of the change and the new list price. Once anoffer has been accepted the listed price should not be changed unless the contract hasbeen terminated and the listing status is changed back to Active.1.5 Withdrawal, Termination or Expiration: Listings may be terminated orwithdrawn from Multiple by the listing participant before expiration date of the listingcontract by broker-load or by submitting to Multiple a copy of the agreement betweenthe seller or lessor and participant which authorizes such termination or withdrawal. Alisting cannot be withdrawn, terminated or reported as expired to avoid reporting salesprice and closing information.Sellers or lessors do not have the unilateral right to require an MLS to withdraw alisting without the listing broker’s concurrence. However, when a seller(s) or lessor(s)can document that his exclusive relationship with the listing broker has been terminated,the Multiple Listing Service may remove the listing at the request of the seller or lessor.1.6 Contingent Listings Not Accepted: Listings which contain contingencieswhich render the listing unenforceable until the occurrences of a subsequent event shallnot be accepted by Multiple. Examples of such contingencies are that the listing iscontingent on owner(s) purchasing another property or contingent on owner(s) obtainingnew employment.1.7 Listing Price Specified: The full gross listing price stated in the listingcontract will be included in the information published in the MLS compilation of currentlistings.1.8 Listing Multiple Unit Properties: All properties which are to be sold orwhich may be sold separately must be indicated individually in the listing and on theProperty Data Form. When part of a listed property has been sold, proper notificationshould be given to Multiple.1.9 No Control of Commission Rates or Fees Charged by Participants:Multiple shall not fix, control, recommend, suggest, or maintain commission rates orfees for services to be rendered by participants. Further, Multiple shall not fix, control,recommend, suggest, or maintain the division of commissions or fees betweencooperating participants or between participants and non participants.1.10 Expiration, Extension, and Renewal of Listings: Any listing brokerloaded or filed with Multiple automatically expires on the date specified in the listingunless extended or renewed by the listing participants through broker-loading or filingwith Multiple prior to expiration. Any extension or renewal must be signed by seller orlessor. If notice of renewal or extension is dated after the expiration date of the originallisting, then a new listing must be secured and broker-loaded or filing with Multiple. It isthen published as a new listing.11/01/2008Page 4 of 34
1.11 Listing Termination Date: Listings entered into Multiple shall bear adefinite and final termination date as negotiated between the participant and seller orlessor.Jurisdiction: Only listings of the designated types of property located within thejurisdiction of the Association of REALTORS are required to be entered into Multiple.Listings of property located outside the Association’s jurisdiction will be accepted ifsubmitted voluntarily by a participant, but cannot be required by Multiple.1.13 Listings of Suspended Participants: When a Participant of the Service issuspended from the MLS for failing to abide by a membership duty (i.e., violation of theCode of Ethics, Association By-Laws, MLS Rules and Regulations, or othermembership obligations except failure to pay appropriate dues, fees or charges), alllistings currently filed with the MLS by the suspended Participant shall, at theParticipant’s option, be retained in the Service until sold, withdrawn, or expired, andshall not be renewed or extended by the MLS beyond the termination date of the listingagreement in effect when the suspension became effective. If a Participant has beensuspended from the Association (except where MLS participation without AssociationMembership 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, includingcontinued inclusion of the suspended Participant’s listings in the MLS compilation ofcurrent listing information. Prior to any removal of a suspended Participant’s listingsfrom the MLS, the suspended Participant should be advised in writing of the intendedremoval so that the suspended Participant may advise his clients.1.14 Listings of Expelled Participants: When a Participant of the Service isexpelled from the MLS for failing to abide by a membership duty (i.e., violation of theCode of Ethics, Association By-Laws, MLS Rules and Regulations, or othermembership obligations except failure to pay appropriate dues, fees or charges), alllistings currently filed with the MLS shall, at the expelled Participant’s option, beretained in the Service until sold, withdrawn, or expired, and shall not be renewed orextended by the MLS beyond the termination date of the listing agreement in effectwhen the expulsion became effective. If a Participant has been expelled from theAssociation (except where MLS participation without Association Membership ispermitted 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 continuedinclusion of the expelled Participant’s listings in the MLS compilation of current listinginformation. Prior to any removal of an expelled Participant’s listings from the MLS, theexpelled Participant should be advised in writing of the intended removal so that theexpelled Participant may advise his clients.1.15 Listings of Resigned Participants: When a Participant resigns from theMLS, the MLS is not obligated to provide services, including continued inclusion of theresigned Participant’s listings in the MLS compilation of current listing information. Priorto any removal of a resigned Participant’s listings from the MLS, the resignedParticipant should be advised in writing of the intended removal so that the resignedParticipant may advise his clients.11/01/2008Page 5 of 34
1.16 Transitional Property: Transitional property may be listed in Multiple. Thesame property may also be listed in the Commercial Information Exchange if itscommercial value is to be specifically stated or promoted. Properties on which adwelling is situated wherein a business is operated shall not be accepted in Multiplewith the exception of property that is currently occupied as a residence or property thatcould be currently occupied as a residence.1.17 Additional Information: Additional information concerning listed property,such as new loan commitment, availability of second mortgage, loan information, etc.,must be broker-loaded or filed with Multiple within five (5) days of receipt by Participantof such written authorization by the seller or lessor. A Participant may only include inthe message section of the MLS computer system information relating to a residentialproperty listed by the Participant.1.18 Only One Filing of Listing: No property may be listed in Multiple by morethan one Participant, or in more than one class, at the same time with the exception ofproperties that are for sale and also for lease.1.19 Owner’s Signature: Participants shall not sign seller’s or lessor’s name toa listing contract or any other Multiple form and the signature of all sellers or lessors isrequired for a listing or any other form to be broker-loaded or submitted to Multiple.1.20 Broker-Load: Participants who receive computer services from the vendorhave the option of adding and maintaining their own office listing and comparableinformation. Listing Participants shall verify the accuracy of information after loading.1.21 Multiple Load: An administrative fee will be charged for each new listingthat must be added and maintained by Multiple staff. This fee must be submitted inadvance of processing along with the fully executed listing agreement, profile sheet andstatus form. The administrative fee shall be charged as per the schedule of fees andcharges.1.22 False or Misleading: Submission of false or misleading information to MLSshall be a violation of these Rules and shall result in a fine as provided herein.1.23 Major Areas: A listed property may not be entered in more than one majorarea.1.24 Auto-population of Tax IDs: All properties listed for sale or for lease,which have a tax ID in the MLS system, must be auto-populated at the time a listing isentered into the MLS system.1.25 Submission of Media (Images, Virtual Tours, Hyperlinks, and Documents):All media files and hyperlinks submitted to multiple shall contain or link to informationpertinent to the listed property only and shall comply with the requirements below.11/01/2008Page 6 of 34
1.25.1 – Digital Images (Pictures): Digital images and photo description textshall not contain legible contact information such as names, phone numbers, emailaddresses or web site addresses, including the use of embedded, overlayed, or digitallystamped information. Remarks related to the transaction such as available financing,cash back at closing, bonuses, upgrade incentives, upgrade allowances, repair anddecorating allowances, etc. shall not be entered in the photo description. Digital imagesof similar or like construction properties are prohibited. Only images of the listedproperty or its grounds are permitted. Digital images previously submitted by aParticipant may not be used by other Participants on subsequent listings.(a)Single Family, Townhouse-Condominium, High Rise, Multi-Familyand Rentals(i) At least six (6) unique digital images of each property or itsgrounds listed in a property class defined in 1.25.1 (a) are requiredand shall be participant loaded into multiple within 10 days of thelist date unless written documentation requesting a photo not besubmitted is signed by the Seller and submitted to multiple. Anexception requiring only three (3) unique digital images is allowed ifthe listing is “To Be Built/Under Construction” and writtendocumentation requesting three (3) photos be submitted is signedby the Seller and submitted to multiple. At least one (1) of therequired digital images must be an actual photo of the listedproperty. Digital images such as floor plans, artist renderings orelevation drawings that are not actual photographs of the listedproperty shall not count as the one required photo.(ii) In addition to the one (1) required photo defined above,subscribers may load up to fifteen (15) additional digital imageswhich may consist of photos, floor plans, artist renderings orelevation drawings of the listed property or its grounds.(b)Lots, Acreage, Timeshare and Fractional Ownership(i) At least one (1) actual photo of each property listed in propertyclasses defined in 1.25.1 (b) is required and shall be subscriberloaded into multiple within 10 days of the list date unless writtendocumentation requesting a photo not be submitted is signed bythe Seller and submitted to multiple. Digital images such as floorplans, artist renderings or elevation drawings that are not actualphotographs of the listed property shall not count as a requiredphoto.(ii) In addition to the one (1) required photo defined above,subscribers may load up to fifteen (15) additional digital imageswhich may consist of photos, floor plans, artist renderings orelevation drawings of the listed property.1.25.2 – Virtual Tour Hyperlinks (URL): Virtual tours submitted tomultiple shall comply with the following guidelines:(a)11/01/2008The primary focus of the tour shall be of the subject property. Linksto galleries or other web sites are prohibited.Page 7 of 34
(b)The tour must be hosted on an Internet accessible server fromwhich a MLS participant can retrieve the tour by selecting thattour’s hyperlink.(c)The tour or any accompanied audio descriptions shall not includeany contact information such as names, phone numbers, emailaddresses, web site addresses, agent photographs, logos orpromotion for a closing service provider or any other peripheralservice, with the exception of the listing firm’s name.(d)By submitting the tour, Participants are representing to multiple thatthe Participant has permission to allow the display of the tour inmultiple and that multiple in turn has permission to redistribute thetour hyperlink as a part of the MLS compilation.1.25.3 – Web Hyperlinks (URL): URL’s submitted to multiple anddesignated as a Web hyperlink shall only link to web pages that are pertinent tothe listed property or to the Participant’s or Subscriber’s website. Web hyperlinksare only accessible to MLS subscribers and are not included in buyer reports orpublic display web sites.1.25.4 – Digital Documents (PDF and TXT files): Digital documentssubmitted to multiple shall comply with the following guidelines:(a)Subscribers may submit to multiple up to three (3) PDF formatteddocuments that are accessible only to MLS subscribers.(b)Subscribers may submit to multiple up to three (3) PDF formatteddocuments designated as a “Public Display PDF” which may beincluded in buyer reports and displayed on publicly accessible websites. PDF’s designated as a “Public Display PDF” shall complywith the following requirements:(i) The primary focus of the PDF document shall be of the subjectproperty.(ii) The PDF document shall not include any contact informationsuch as names, phone numbers, email addresses, web siteaddresses, agent photographs, logos or promotion for a closingservice provider or any other peripheral service, with the exceptionof the listing firm’s name.(iii) Hyperlinks that are embedded in the PDF shall link only to webpages that provide description of the listed property and shall notcontain any contact information such as names, phone numbers,email addresses, web site addresses or promotion for a closingservice provider or any other peripheral service, with the exceptionof the listing firm’s name.(iv) By submitting the PDF document, Participants are representingto multiple that the Participant has permission to allow the displayof the PDF in multiple and that multiple in turn has permission toredistribute the PDF document as a part of the MLS compilation.11/01/2008Page 8 of 34
(v) Seller’s Disclosure Notices and other documents consideredconfidential shall not be designated as a “Public Display PDF”.(c)Subscribers may submit to multiple one (1) TXT formatteddocument that is accessible only to MLS subscribers.1.26 Submission of Open Houses: Open houses submitted to multiple mustdesignate a specific date and time the property will be available for viewing and mustallow MLS Participants and Participant Subscribers to preview the inside of the propertyand where designated as a public open house must allow public access. Properties thatdo not allow access to the inside of the property shall not be submitted to multiple as anopen house. Open houses designated as public open house shall not include in thecomments section any remarks related to the transaction such as available financing,cash back at closing, bonuses, upgrade incentives, upgrade allowances, repair anddecorating allowances, contact information such as names, phone numbers, emailaddresses, web site addresses, or promotion for a closing service provider or any otherperipheral service.1.27 Potential Short Sale Listings: In instances where the listing brokerbecomes aware that the list price may not be sufficient to permit seller to fully satisfy allencumbrances and pay seller’s closing costs, including the listing broker’scompensation (a “Short Sale Circumstance”), the listing broker must clearly andpromptly disclose the Short Sale Circumstance to all cooperating brokers and, whenand if appropriate, disclose that the sale of the listed property may be conditioned uponthe approval of a court, a lender, or other third party. Such disclosures must occur at thetime of MLS input, if known, or within one (1) business day upon receipt of suchknowledge. Such disclosure should be made in the MLS by selecting “Short Sale” inthe “Disclosures” field and must also be included in the Agent Remarks. The followingdisclosure must be entered at the time of input, if known, or within one (1) business dayupon receipt of knowledge.“List price may not be sufficient to cover all encumbrances, closing costs, or other sellercharges and sale of Property may be conditioned upon approval of third parties.”SELLING PROCEDURE2. Appointments for Showing: Appointments for showings with the seller orlessor for the purchase or lease of listed property filed with Multiple shall be conductedthrough the listing Participant except where the listing Participant gives the cooperatingbroker specific authority to contact the owner directly for showing; provided, however,the cooperating broker may not engage in negotiations, directly or indirectly, with theseller or lessor.2.1 Presentation/Delivery of Offers:Listing Participant must makearrangements to present an offer as soon as possible, or give the cooperating broker asatisfactory reason for not doing so. The cooperating broker may deliver an offer to theseller or lessor directly if the listing Participant consents to the delivery, a copy of theoffer is sent to the listing Participant (unless the seller is a governmental agency using asealed bid process does not allow a copy to be sent), and the cooperating broker doesnot engage in negotiations, directly or indirectly, with the seller or lessor.11/01/2008Page 9 of 34
2.2 Submission of Subsequent Written Offers: The listing broker shall submitto the seller or lessor all written offers until closing unless precluded by law, governmentrule, regulation, or agreed otherwise in writing between the seller or lessor and thelisting broker. Unless the subsequent offer is contingent upon the termination of anexisting contract, the listing broker shall recommend that the owner obtain the advice oflegal counsel prior to acceptance of the subsequent offer.Participants representing buyers or tenants shall submit to the buyer or tenant all offersand counter-offers until acceptance, and shall recommend that buyers and tenantsobtain legal advice where there is a question about whether a pre-existing contract hasbeen terminated.2.3 Right of Cooperating Participant in Presentation of Offer:Thecooperating broker (subagent or buyer agent) or his representative has the right toparticipate in the presentation to the seller or lessor of any offer he secures to purchaseor lease. He does not have the right to be present at any discussion or evaluation ofthat offer by the seller or lessor and the listing broker. However, if the seller or lessorgives written instructions to the listing broker that the cooperating broker not be presentwhen an offer the cooperating broker secured is presented, the cooperating broker hasthe right to a copy of the seller’s written instructions. None of the foregoing diminishesthe listing broker’s right to control the establishment of appointments for suchpresentations.2.4 Right of Listing Broker in Presentation of Counter Offers: The listingbroker or his representative has the right to participate in the presentation of anycounter-offer made by the seller or lessor. He does not have the right to be present atany discussion or evaluation of a counter-offer by the purchaser or lessee (exceptwhere the cooperating broker is a subagent). However, if the purchaser or lessee giveswritten instructions to the cooperating broker that the listing broker not be present whena counter-offer is presented, the listing broker has the right to a copy of the purchaser’sor lessee’s written instructions.2.5 Reporting Sales to Multiple: Sales pending (including Option Pending andPending Continue to Show) shall be broker-loaded or filed with Multiple within five (5)days using the Status Change Form of Multiple and showing the estimatedclosing/funding date and selling broker code but the sales price shall not be shown.Notice of lease closed shall be broker-loaded or filed with Multiple within five (5) days oflease execution (closed) using the Status Change Form of Multiple and showing thelease price. Sales-closed shall be broker-loaded or filed with Multiple within five (5)days of actual closing/funding using the Status Change Form of Multiple showing theactual closing/funding date, selling broker code and selling price and other soldinformation required on the MLS profile sheets. In the event the actual closing/fundingdate will occur after the estimated closing/funding date, the Participant shall revise theestimated closing/funding date, within five (5) days, by broker-load or use the StatusChange Form of Multiple. Notices shall be filed by listing Participant.NOTE: The listing agreement of a property filed with the MLS by the listing brokershould include a provision expressly granting the listing broker authority to advertise; tofile the listing with the MLS; to provide timely notice of status changes of the listing to11/01/2008Page 10 of 34
the MLS; and to provide sales
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: 1. May reserve the right to refuse to accept a listing form that fails to adequately protect the interest of the public and the Participants.
