Rules & Regulations

ARTICLE XVII

RULES AND REGULATIONS
OF
NEW JERSEY MULTIPLE LISTING SERVICE, INC.

Section 1
Listing Procedures
Listings of one (1) to four (4) family properties which are listed subject to a real estate broker’s license and which are located within the territorial jurisdiction of the multiple listing service, taken by Participants on an exclusive right to sell or exclusive agency basis shall be input into the computer system within twenty-four (24) hours after all the necessary signatures have been obtained. The listing agreement must include the owner’s authorization to submit to the Service. The Multiple Listing Service reserves the right to request a copy of the Participant’s listing agreement. If NJMLS requests submission of listing agreement, it must be submitted to NJMLS within 24 hours or a $150 fine will be issued.

Exclusive right to sell listings for property other than one (1) to four (4) family residential property may be submitted to the Service at the discretion of the Listing Broker, and shall be published by the Service.

Any Participant found willfully withholding an exclusive right to sell or exclusive agency listing will upon notification, be immediately suspended until required listings are submitted to the Service.

The Multiple Listing Service shall accept exclusive right to sell listing contracts and exclusive agency listing contracts 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 any other non-agency relationship as permitted by law.

An exclusive agency listing must be identified by selecting Exclusive Agency in the Agreement Type field of the listing.

A contract or equitable owner listing must reflect conspicuous notice that the sale of the subject property is contingent upon acquisition of legal title by the prospective seller. This notice must be identified in the remarks, internet remarks, owner name, and ownership feature sections of the listing.

The Service, through its legal counsel:
(1) may reserve the right to refuse to accept a listing form, which fails to adequately protect the interests of the public and the Participants;

(2) 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).

Section 1.1
Listings Subject to Rules and Regulations of the Service
Any listing taken on a contract to be referred to the Service is subject to the Rules and Regulations of the Service.

Section 1.2
Detail on Listings Filed with the Service
A listing agreement, when filed with the Service by the listing broker, shall be substantially complete in every detail, which is ascertainable as shown on the form.

Section 1.3
Exempted Listings
(a) Office Exclusives with Broker Cooperation Authorization:
If the seller refuses to permit the property to be disseminated by the Service, but “authorizes broker cooperation,” the Participant may take the listing as an “Office Exclusive” and the listing must be filed with the Service, accompanied by an Office Exclusive – Non-dissemination Form, then the listing will not be disseminated to the Participants.

A listing broker, having taken an Office Exclusive with Broker Cooperation authorized, that may be shown only by the Listing broker, must either accompany the cooperating broker and the customer to show the property, or the broker must accompany the customer on behalf of the cooperating broker at the request of any Participant of the New Jersey Multiple Listing Service, Inc.

Every licensee shall fully cooperate with any other New Jersey licensee, utilizing his/her customary cooperation arrangements which shall protect and promote the interest of the licensee’s client or principal and which shall not constitute unreasonable practices within the real estate brokerage business. This obligation shall be a continuing one unless the client or principal, with full knowledge of all relevant facts, expressly relieves the agent from all or any portion of this responsibility.

(b) Office Exclusives without Broker Cooperation Authorization:
If the seller refuses to permit the property to be disseminated by the service, and “does not authorize broker cooperation,” the Participant may take the listing as an “Office Exclusive” and the listing must be filed with the Service, accompanied by a “Waiver of Broker Cooperation Form,” and then the listing will not be disseminated to the Participants. The waiver must be made available for inspection by other Participants upon request. No direction or inducement from a client or principal shall relieve a Participant of his/her responsibility of dealing fairly and exercising integrity in his/her business relations. Absence of a “Waiver of Broker Cooperation Form” mandates cooperation.

Section 1.4
Change of Status of Listing
Any change in listed price, or change of terms in original listing agreement shall be made only when authorized in writing by the owner and shall be input into the computer system within twenty-four (24) hours.  The Multiple Listing Service reserves the right to request a copy of the Participant’s change of status form. If NJMLS requests submission of form, it must be submitted to NJMLS within 24 hours or a $150 fine will be issued.

Section 1.5
Withdrawal of Listing
Listed property may be withdrawn from the Service by the listing broker before the expiration date of the listing agreement. The withdrawal shall be input into the computer system within twenty-four (24) hours.  The Multiple Listing Service reserves the right to request a copy of the Participant’s withdrawal form. If NJMLS requests submission of form, it must be submitted to NJMLS within 24 hours or a $150 fine will be issued.

Section 1.6
Contingencies Applicable To Listings
Any contingency in a listing shall be noted and processed to the members.

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.

Section 1.8
Listing Multiple Unit Properties
All properties, which are to be or may be sold separately, must be filed individually. When part of a filed property has been sold, the listing shall be considered canceled and the remainder of the property should be re-filed, or proper notification be given to the Service.

Section 1.9
No Control of Commission Rates or Fees Charged by Participants
The Service shall not fix, control, recommend, suggest or maintain compensation or fees for services to be rendered by Participants. Further, the Service shall not fix, control, recommend, suggest or maintain the division of compensation or fees between cooperating Participants or between Participants and non-Participants.

Section 1.10
Expiration, Extension, and Renewal of Listings
Any listing filed with the Service automatically expires unless notice of renewal or extension is input into the system prior to expiration. Notice of renewal or extension, signed by the owner, must be filed with the Service within twenty-four (24) hours after computer input. If a notice of renewal or extension is dated after expiration of original listing, a new listing must be secured. It would then be input into the computer system and charged as a new listing.

Section 1.11
Termination Date on Listings
Listings submitted to the Service shall bear a definite and final termination date as negotiated between the broker and the owner.

Section 1.12
Jurisdiction
Deleted. See Article IV, Section (a).  The MLS will accept listings outside of the stated jurisdiction.

Section 1.13
Listings of Suspended or Expelled Participants
When a Participant of the Service is suspended or expelled from the Service for failing to abide by a membership duty (i.e. violation of the Code of Ethics, Board By-Laws, MLS By-Laws, MLS Rules and Regulations or other membership obligation, except failure to pay appropriate dues, fees or charges), all listings currently filed with the Service shall, at the suspended or expelled Participant’s option, be retained in the Service until sold, withdrawn or expired and shall not be renewed or extended by the Service beyond termination date of the listing agreement in effect when the suspension or expulsion became effective. If a Participant has been suspended or expelled from the Board or Service (or both) for failure to pay appropriate dues, fees or charges, a Board MLS is not obligated to provide MLS services including continued inclusion of the suspended or expelled Participant’s listings in the Services compilation of current listing information. Prior to any removal of a suspended or expelled Participant’s listings from the Service, the suspended or expelled Participant should be advised in writing of the intended removal so that the suspended or expelled Participant may advise his/her clients.

Section 1.14
Listings of Resigned Participants
When a Participant resigns from the Service, the Service is not obligated to provide services including continued inclusion of the resigned Participant’s listing information. Prior to any removal of a resigned Participant’s listings from the Service, the resigned Participant should be advised in writing of the intended removal so that the resigned Participant may advise his/her clients.

Section 1.15
Key Boxes and Entry Cards
The Service will offer a common key box system to all Service Participants. Key boxes/entry cards are to be purchased in bulk by the Service and sold/leased to any Participant requesting them.

Section Deleted.

The Participant may lease an additional keypad to be issued on a temporary basis to other key holders in the same office in the event their keypad becomes non-functional outside normal business hours or under circumstances where a replacement keypad is not reasonably available from the issuing MLS.

When a keypad is issued on a temporary basis, it shall be the responsibility of the Participant to advise the MLS in writing that the keypad has been issued, to whom, and the date and time of issuance within forty-eight (48) hours. It shall also be the responsibility of the Participant to advise the MLS in writing within forty-eight (48) hours after possession of the previously issued keypad has been reassumed.

Authorized persons are broker Participants of the Service and their registered sales agents and any licensed or certified appraiser affiliated with their firm.

Key boxes shall be provided to Participants in good standing in the Service. The Participant shall sign an agreement with the Service and make payment before receiving key boxes.

The Service office shall record the serial numbers of all key boxes sold and the names and addresses of all purchasers.

The Participant broker shall obtain written authorization from the property owner prior to the placement of a key box on any property. Inclusion in MLS compilations cannot be required as a condition of placing lock boxes on listed property.

It is the obligation of the member/Subscriber when showing a property to return the owner’s key to the key box immediately after the showing.

Boards and Multiple Listing Services may refuse to sell or lease key boxes, may terminate existing key lease agreements, and may refuse to activate or reactivate any key held by an individual convicted of a felony or misdemeanor if the crime, in the determination of the Board or MLS, relates to the real estate business or puts clients, customers or other real estate professionals at risk. Boards or Multiple Listing Services may suspend the right of lock box key holders to use lock box keys following their arrest and prior to their conviction for any felony or misdemeanor which, in the determination of the Board or MLS, relates to the real estate business or which puts clients, customers or other real estate professionals at risk.

Factors that can be considered in making such determinations include, but are not limited to:
a) the nature and seriousness of the crime;
b) the relationship of the crime to the purposes for limiting lock box access;
c) the extent to which access (or continued access) might afford opportunities to engage in similar criminal activity;
d) the extent and nature of past criminal activity;
e) time since criminal activity was engaged in;
f) evidence of rehabilitation while incarcerated or following release; and
g) evidence of present fitness.

Entry cards will be leased to all Participants and registered sales agents who will pay the current charge plus tax for a Supra entry card and shall comply with the following requirements.
A replacement entry card may be purchased if an entry card is lost or stolen. If a lost card is located within thirty (30) days, the replacement card may be returned to the Service and that cost will be refunded.

The Service shall make a periodic audit of all entry cards in inventory and will verify the serial numbers of all Participants and their sales agents holding entry cards. This audit requirement does not apply to electronic lock box programmers or keypads, which are sold or leased, provided such devices may be deactivated within thirty (30) days.

If a key box is used for showings, the Participant must place the latest NJMLS key box on the property so that all registered members of the Service are able to gain access to the property with their NJMLS entry card.

Unauthorized use of a keypad is a violation of the lease agreement and the authorized key holder must bring the key to the NJMLS within twenty four (24) hours and have the authorized code changed. Keypad will be turned off after twenty four (24) hours. The cost for the reprogramming of the code is eighty ($80) dollars.

Section 2
Showings and Negotiations
Appointments for showings and negotiations with the seller for the purchase of listed property filed with the 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/her option, may preclude such direct negotiations by cooperating brokers.

Section 2.1
Presentation of Offers
The listing broker must make arrangements to present all written offers to the seller as soon as possible and without undue delay.

Section 2.2
Submission of Written Offers and Counter-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.

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.

Section 2.3
Right of Cooperating Broker in Presentation of Offer
The cooperating broker (subagent, buyer’s agent or transaction broker) or his representative has the right to participate in the presentation to the seller or lessor of any offer he/she secures to purchase or lease. He/she 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 that the cooperating broker secured is presented, the cooperating broker has the right to a copy of the seller’s written instructions. None of the foregoing diminishes the listing broker’s right to control the establishment of appointments for such presentations.

Section 2.4
Right of Listing Broker in Presentation of Counter-offers
The listing broker or his/her representative has the right to participate in the presentation of any counter-offer made by the seller or lessor. He/she does not have the right to be present at any discussion or evaluation of a counter-offer by the purchaser or lessee (except where 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.

Section 2.5
Reporting Sales to the Service
Status changes shall be reported to the multiple listing service by the listing broker within twenty-four (24) hours after they have occurred. If negotiations were carried on under Section 2(a) or (b) hereof, the cooperating broker shall report the accepted offers, to the listing broker within twenty-four (24) hours after occurrence and the listing broker shall report them to the MLS within twenty-four (24) hours after receiving notice from the cooperating broker.

Final closing of sales shall be reported to the multiple listing service by the listing broker within seven (7) days.

Section 2.6
Reporting Resolutions of Contingencies
The listing broker shall input into the system within twenty-four (24) hours any contingency on file with the Service that has been fulfilled, renewed, or canceled.

Section 2.7
Advertising of Listing Filed with the Service
Advertising of any listing by a Participant, other than the listing office, is permissible only with the consent of the listing office. “Advertising” includes without limitation any display of any listing on a Participant’s or Subscriber’s site that displays any listing by smart framing or other electronic means, any print advertisement and any broadcast or cablecast display of any listing.

Section 2.8
Reporting Cancellation of Pending Sale
The listing office shall report within 24 hours to the Service when any pending sale is cancelled, and the listing shall be reinstated immediately.

Section 2.9
Contact Information
Participant’s or Subscriber’s contact information shall only be placed in the “showing instructions/agent remarks” section of the listing. Any Subscriber having contact information anywhere else in the listing shall be issued a $150.00 fine. Contact information is not allowed within any graphic image, including virtual tours, displayed within any listing in the MLS. MLS at its sole discretion may delete photographs which include marketing or promotional messages made on behalf of the Participant/Subscriber or seller or which are deemed to be inappropriate.

Section 3
Refusal To Sell
If the seller of any listed property filed with the Service refuses to accept a written offer on the terms and conditions stated in the listing, information shall be transmitted to the Service regarding the status of the listing and this information shall be transmitted to the Participants.

Section 4
Information For Participants Only
Any listing filed with the Service shall not be made available to any non-Participant in the Service without the prior consent of the listing broker.

Section 4.1
“For Sale” Signs
“For Sale” signs of the listing broker only may be placed on a property, the listing of which is filed with the Service, except with the consent of the listing broker.

Section 4.2
“Sold” Signs
Prior to closing, only the “Under Contract” sign of the listing broker may be placed on a property, the listing of which is filed with the Service, unless the listing broker authorizes the cooperating (selling) broker to post such a sign.

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.

Section 5
Information Specifying the Compensation on Each Listing Filed with the Service
In filing a property with the Service, the Participant makes a blanket unilateral offer of compensation to the other MLS Participants, and shall therefore specify on each listing filed with the Service the compensation being offered by the listing broker to the other MLS Participants. This is necessary because the cooperating Participant has a right to know what his/her compensation shall be prior to commencing his/her endeavor to sell.

The listing broker shall specify, on each listing filed with the MLS, the compensation offered to other MLS 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 sale (or lease). The listing broker’s obligation to compensate any cooperating broker as the procuring cause of 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 circumstance 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 which 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.

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 non-agency capacities defined by law), which may be the same or different.

This shall not preclude the listing broker from offering any MLS Participant compensation other than the compensation indicated on his/her listings as published by the Service, provided the listing broker informs the other broker in writing in advance of their 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.

The Board 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 Board Multiple Listing Service shall not publish the total negotiated commission on a listing, which has been submitted to the Service by a Participant. The Board Multiple Listing Service shall not disclose in any way the total commission negotiated between the seller and the listing broker.

Participants must disclose potential short sales when reasonably known to the listing Participants. A short sale is 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.”

The compensation specified on listings published by the Service 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.

The Service shall not publish listings that do not include an offer of compensation expressed as a percentage of the gross selling price or as a definite dollar amount, nor shall they include general invitations by listing brokers to other Participants to discuss terms and conditions of possible cooperative relationships.

Section 5.1
Participant As Principal
If a Participant or any licensee or licensed or certified appraiser affiliated with a Participant has any interest in property, the listing of which is to be disseminated through the Service, that person shall disclose that interest when the listing is filed with the Service and such information shall be disseminated to all Service Participants.

Section 5.2
Participant As Purchaser
If a Participant or any licensee (or licensed or 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 no later than the time an offer to purchaser is submitted to the listing broker.

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 entering a “Y” for yes next to “Dual Commission Arrangement” 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.

Section 6
Service Fees and Charges
The following service charges for operation of the Service are in effect to defray costs of the Service, subject to change from time to time by the MLS Board of Directors in the manner prescribed:

Dues shall be thirty ($30.00) dollars per month, payable in advance on the first day of each month by each Participant.

Each Participant shall pay, upon submission to the Service of an Exclusive Right to Sell or Exclusive Agency Listing of a property located in the Market Area, a listing fee of forty ($40.00) dollars for each listing. All rental listing fees will be thirty ($30.00) dollars.

Each Participant shall pay, upon submission to the Service of an Office Exclusive listing of a property, the sum of sixty ($60.00) dollars.

Each Participant in arrears twenty-five (25) days or more shall continue to pay dues and other charges until resignation or expulsion, which shall take effect after fifty (50) days default in payment of a charge to the Service. Thereafter, the broker will be dropped from membership and in order to return to membership in good standing, said broker must pay the current initiation fee plus the remaining unpaid balance due to the Service.

The initiation fee charged by the Service to Participants shall be five hundred ($500.00) dollars. Branch office initiation fee will be five hundred ($500.00) dollars. Board of REALTOR members holding affiliate status may have limited access to the NJMLS. Affiliate membership yearly charge will be two hundred twenty two ($222.00) dollars. The fee charged for a change to designated REALTOR within an office, provided the designated REALTOR resigns as a Participant, will be one hundred fifty ($150.00) dollars. This may change only once during the calendar year.

The MLS Board of Directors may waive the initiation fee for re-admission or reinstatement at their discretion.

Each broker (Participant) shall be charged a sixty five ($65.00) registration/start up fee for each active licensee in his/her employ who lists, shows, rents or sells, or has possession of an entry card, or in any way has access to the Service.

Each broker (Participant) shall be charged a semi-annual Multiple Listing Service Access Fee for each active licensee in his/her employ who lists, shows, rents or sells or has possession of an entry card, or in any way has access to the Service. Secretaries and Personal Assistants will be charged separate fees.

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 violation 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.

Note: 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.

Section 7.1
Compliance With Rules
The following action may be taken for non-compliance with the By-Laws or operating Rules and Regulations of the Service:

For failure to pay any service charged within twenty-five (25) days of the date due, and provided that at least ten (10) days notice has been given, the Service shall be suspended until service charges are paid in full.

The Participant of the Service shall be exempt from payment of Service subscription fees for any individual employed by or affiliated with the Participant who does not actually have access to and uses the Service. For failure to pay a Service Access Fee for an active licensee or licensed or certified appraiser who lists, sells, rents or who in any way accesses the Service’s database, the broker shall be fined twenty-five ($25.00) per week per licensee.

All Participants in the Service shall register the name, address and telephone numbers of all sales personnel before transacting any business relative to properties filed with the Service. For non- compliance with this regulation, a fine of one hundred ($100.00) dollars for the first offense may be levied against the broker.

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 Service 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 Service 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.

Section 8
Meetings of the MLS Board of Directors
The meetings of the Board of Directors of the Service for the transaction of business of the Service shall be held in accordance with the provisions of the By-Laws of the Service.

Section 9
Consideration of Alleged Violations
The MLS Board of Directors may give consideration to all written complaints from Participants having to do with violations of the Rules and Regulations of the Service.

Section 9.1
Violations of Rules and Regulations
The complaint, if under the Multiple Listing Market area and if not involving a charge of alleged unethical conduct or a request for arbitration, shall be referred to the Executive Director of the Multiple Listing Service for resolution. In the event a Participant is dissatisfied with the decision of the Executive Director he/she may file for a due process hearing before a hearing panel of NJMLS Directors composed of five Directors within twenty (20) days of notification. The decision of the hearing tribunal (panel) may be appealed to the Board of Directors of the NJMLS within twenty (20) days of the tribunal’s decision. The decision of the Multiple Listing Service Board of Directors shall be final.

Section 9.2
Complaints of Unethical Conduct
All other complaints of unethical conduct shall be referred by the Board of Directors of the Service to the Board of REALTORS for appropriate action in accordance with the professional standards procedures established in the Member Board’s By-Laws.

Section 10
Confidentiality of MLS Information
Any information provided by the 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.

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 input into the Service’s database 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.

Section Deleted

Section 10.3
Statistical Reports
MLSs may, as a matter of local determination, make statistical reports, sold information, and other informational reports derived from the MLS available to REALTORS who do not participate in the MLS but who are engaged in real estate brokerage, management, appraising, land development, or building. Additional expenses incurred in providing such information to REALTORS who do not participate in the MLS may be included in the price retransmitted, or provided in any manner to any individual, office, or firm except as otherwise authorized in the MLS rules and regulations.

MLSs may, as a matter of local determination, provide statistical reports, sold information, and other informational reports derived from the MLS to government agencies (or representatives of such agencies) hold an appropriate form of membership in the MLS or in the association of REALTORS as a condition of such access.

It is strongly recommended that any irrelevant information such as the names of current or former owners or information concerning the sales commission or the compensation offered or paid to cooperating brokers be deleted.

Section 11
Ownership of MLS Compilations and Copyrights
By the act of submission of any listing content to the Service, the Participant represents that he/she owns or has the authority to license all listing content, and also thereby grants authority for the Service to include the listing content in its copyrighted Multiple Listing Service compilation as well as 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 listed property.

The communication software distributed by the Multiple Listing Service shall not permit the member or Subscriber to edit any listing beyond the scope of the listing reports approved in 1994 (brief report and Customer Report).

Section 11.1
All right, title and interest in the Multiple Listing compilation created and copyrighted by the Service and in the copyrights therein shall, at all times, remain vested in the Service.

Section 11.2
Each Participant shall be entitled to buy from the Service access to the Multiple Listing Service compilation sufficient to provide the Participant and each person affiliated as a licensee with such Participant with one access to such compilation. The Participant shall pay for access the fee set by the Service. Participants shall acquire by such sale only the right to use the Multiple Listing Service compilations in accordance with these Rules.

Section 11.3
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 of current listing information, 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.

Section 12
Use of Copyrighted MLS Compilations
Distribution
Participants shall, at all times, maintain control over and responsibility for any Multiple Listing Service compilation sold to them by the Service and shall not distribute any such copies to persons other than persons who are affiliated with such Participants 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 the 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 to access to information developed by or published by a Service where access to such information is prohibited by law.

Section 12.1
Display
Participants and those persons affiliated as licensees with such Participants shall be permitted to display the Multiple Listing Service 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 Multiple Listing Service compilation.

Section 12.2
Reproduction
Participants or their affiliated licensees shall not reproduce any Multiple Listing Service compilation or any portion thereof, except in the following limited circumstances:

Participants or their affiliated licensees may reproduce from the Multiple Listing Service compilation and distribute to prospective purchasers a reasonable number of single copies of property listing content contained in the Multiple Listing Service compilation which relate to any properties in which the prospective purchasers are or may, in the judgment of the Participant or their affiliated licensees, be interested.

Reproductions made in accordance with this Rule shall be prepared in such a fashion that the property listing content of properties, other than that in which the prospective purchaser has expressed interest or in which the Participant or affiliated licensees are seeking to promote interest, does not appear on such reproduction.

Nothing contained herein shall be construed to preclude any Participant from utilizing, displaying, distributing or reproducing property listing sheets or other compilations of content pertaining exclusively to properties currently listed for sale with the Participant.

Any Service information, whether provided in written, printed form, 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, re-transmitted 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.

Section 13
Limitations on Use of MLS Information
Use of information from MLS compilation of current listing information, from the Service’s statistical report or from any sold or comparable report of the Service for public mass-media advertising by a Service Participant or in other public representations may not be prohibited.

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 Service must clearly demonstrate the period of time over which such claims are based and must include the following, or substantially similar, notice:

“These properties were listed and sold by various Participants of the NJMLS based on information from the New Jersey Multiple Listing Service, Inc. for the period (date) to (date).”

In addition, sold advertisements must contain the name of the Listing Broker and Selling Broker unless the Broker is a party to the transaction. Failure to comply will result in a five hundred ($500) dollar fine.

Section 13.1
Use of Listing Information on Internet for IDX (Internet Data Exchange)
(a) Subject to paragraphs (b) through (g) below, and notwithstanding anything in these Rules and Regulations to the contrary, Participants and Subscribers may display on their public internet displays aggregated MLS active, pending, and sold listing information through either downloading and placing the content on the Participants’ or Subscribers’ public internet displays or by smart framing such information on the NJMLS Internet Data Exchange. Participation in IDX is available to all MLS Participants engaged in real estate brokerage who consent to display of their listings by other Participants. This requirement can be met by maintaining an office or internet presence from which Participants are available to represent real estate sellers or buyers (or both).

(b) Participants’ consent for display of their listings by other Participants pursuant to these rules and regulations must be established in writing. Written consent may be obtained by NJMLS electronically. Those Participants who have signed agreements to participate in IDX have given written consent via their IDX agreement. If a Participant withholds consent on a blanket basis to permit the display of that Participant’s listings, that Participant may not download or frame the aggregated MLS data of other Participants. Even where Participants have given blanket authority for other Participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis where the seller has prohibited all Internet display.

(c) No Participant or Subscriber shall display confidential information intended for cooperating brokers rather than consumers including compensation offered to other MLS Participants, showing instructions, property security information, etc. A determination by the MLS as to whether any information shall be treated as confidential information shall be at the MLS’s sole discretion. Each Participant and Subscriber acknowledges that confidential information is intended for cooperating Participants rather than consumers.

(d) All listings displayed pursuant to IDX shall identify the listing firm (and the selling firm if solds are displayed) 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. 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. Subscriber’s names may appear with written consent of Participant. The word “Advertisement” shall prominently and clearly accompany any business name of any person/entity other than a Participant or a Subscriber (and who is not a licensee affiliated with a Participant) at any time that a Participant’s or Subscriber’s site displays a listing by smart framing or other electronic means. If sold listings are included on a Participant’s or Subscriber’s website, only the first photo may be displayed.

(e) Participants and Subscribers 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.

(f) Information displayed shall indicate the source of the information being displayed and the most recent date updated. Participants must refresh all MLS downloads and IDX displays automatically fed by those downloads at least once every twelve (12) hours. A Participant shall cause to be placed on his or her IDX site a notice indicating that the MLS listing Information displayed is deemed reliable but is not guaranteed accurate by the MLS. A Participant’s IDX may include other appropriate disclaimers necessary to protect the Participant and/or the MLS from liability.

(g) Participants and Subscribers shall indicate on their web sites that information being provided is for consumer’s personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.

(h) 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.

(i) Participants must sign the most current licensing agreement with MLS.

(j) 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.

(k) 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. 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.

(l) 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).

(m) Participants may select the listings they choose to display on their IDX sites 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), cooperative compensation offered by listing brokers, type of listing (e.g., exclusive right-to-sell or exclusive agency), or the level of service being provided by the listing firm. Selection of listings displayed on any IDX site must be independently made by each Participant.

(n) 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.

(o) 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.

(p) A Participant may display advertising and the identification of other entities (“co-branding”) on their IDX site or that is operated on his or her behalf. However, a Participant may not display on any such site 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 is larger than that of any third party.

(q) Licensing agreements must be signed by appropriate parties. Licensing agreements are necessary for each web address (URL).

(r) 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, or

b. displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing,

shall disable or discontinue either or both of those features 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 13.1 (s), 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.

(s) 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.

(t) Display of expired and withdrawn listings is prohibited.

Section Deleted.

Section 13.1.3
Transmittal of Participants’ Listings to Aggregators
MLSs are not required to transmit Participants’ listings to third-party aggregators or to operate a public website displaying listing information. If an MLS transmits Participants’ listings to third-party aggregators and/or operates a public website displaying listing information, all exclusive listings, regardless of type, will be included in the content feed (unless a Participant withholds consent for such transmission), except the MLSs may exclude from such content feed any listing where both of the following conditions are present: (a) the listed property’s street address/location will be displayed to the public; and (b) the seller displays a “For Sale By Owner” sign or other sign or notice indicating that the seller is soliciting direct contact from buyers.

Section 13.2
Applicability of Rules to MLS
Nothing in these rules shall limit the right of the MLS to enter into licensing agreements with third parties for the use of the MLS compilations or any portion of them in accordance with terms approved by the Board of Directors.

Section 13.3
Use of Active Listing Information on Internet for VOW (Virtual Office Website)
VOW Defined
(a) VOW means a Participant’s Internet website (and, where authorized, websites of non-principal brokers and sales licensees affiliated with MLS Participants) through which consumers receive real estate brokerage services, including the opportunity to search for MLS data subject to the Participant’s oversight, supervision and responsibility.

(b) “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.

(c) 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 13.4
(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 13.5
Participants operating VOWs shall comply with the following:

(a) 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 (herein after 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.

(b) Participants must obtain the name and valid email address of each Registrant.

(c) Participants must send an email to any Registrant confirming that the Registrant has agreed to the VOW’s Terms of Use.

(d) Participants can provide access to their VOW only after a Registrant’s email address is verified as valid and the Registrant’s agreement to the VOW’s Terms of Use is confirmed.

(e) Participant’s Terms of Use shall include the following terms:

i.   That the Registrant acknowledges entering into a lawful consumer-broker relationship with the Participant;

ii.  That all data obtained from the VOW is 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 data or information provided; and

v.   That the Registrant acknowledges the MLS ownership of and the validity of the copyright in the MLS database.

Participant’s Terms of Use may also include other provisions determined by the Participant.

(f) 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, email 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.

Section 13.6
(a) Participants’ Terms of Use may not impose a financial obligation on a Registrant. Financial obligations, if any, must be established separately from the Participants’ Terms of Use, must be prominently labeled, and may not be accepted solely by a “mouse click”.

(b) Participants’ Terms of Use may not create any representation agreement between a Registrant and the Participant. Representation agreements, if any, must be established separately from the Participants’ Terms of Use, must be prominently labeled, and may not be accepted solely by a “mouse click”.

(c) 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.

(d) Participants must obtain from or supply to each Registrant a user name and a password, the combination of which must be different from those of all other Registrant on the VOW, before being permitted to search and retrieve information from the MLS database via the VOW.

(e) 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, email address, user name, and current password of each Registrant. The Participant must keep such records for not less than 180 days after the expiration of the validity of the Registrant’s password.

(f) Participants’ VOWs must protect MLS data from misappropriation by employing reasonable efforts to monitor for and prevent “scraping” and other unauthorized accessing, reproduction or use of the MLS database. 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.

Section 13.7
(a) 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.

(b) Listings or property addresses of sellers who have directed their listing brokers to withhold their listing or their property address from display on the Internet (including, but not limited to, publicly-accessible websites or VOWs) shall not be accessible to Registrants. This does not preclude listing brokers from displaying on their VOW or their other website(s) the listing or property address of consenting sellers.

(c) The Participant shall retain any signed forms regarding opt-out by sellers for at least one year from the date they are signed, or one year from the date the listing goes off the market, whichever is greater.

(d) Subject to subsection (b), 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) display an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing.

(e) 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. 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.”

(f) 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 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.

(g) If non-principal brokers or sales licensees are authorized by the MLS to operate VOWs with their Participant’s consent, such VOWs remain subject to the Participant’s control, and both the Participant and the non-principal broker or sales licensee shall be accountable under these rules.

(h) MLS information available on any VOW must be refreshed at least once every three (3) days.

(i) No portion of the MLS database shall be distributed, provided to or made accessible to any person except as provided for in these rules and/or in the National Association of REALTORS® VOW policy.

(j) VOWs must display the Participant’s privacy policy informing Registrants how information they provide may be used.

(k) Listings from the MLS may only be excluded from display on Participants’ VOWs based on objective criteria, e.g. type of property, listed price, geographical location, cooperative compensation offered by listing brokers.

(l) Participants may not provide the identity of Registrants to any other entity for compensation except where (i) the Participant’s residential real estate brokerage activities principally consist of listing or selling the types of properties required to be filed with the MLS; (ii) Registrants are seeking property in a price range or in a location for which the Participant ordinarily does not provide real estate brokerage services; and (iii) the number of Registrant identities provided, or the corresponding revenue generated, is an insubstantial portion of the Participant’s real estate brokerage activities. For purposes of this rule, “selling” does not include making referrals of prospective purchasers to other real estate brokers and “listing” does not include making referrals of prospective sellers to other real estate brokers.

(m) Participants must notify the MLS of their intention to establish a VOW, and must make their VOW directly accessible to the MLS for purposes of monitoring/ensuring compliance with applicable rules and policies.

Section 13.8
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.

Section 13.9
(a) A Participant’s VOW may not make available for search by, or display to, Registrants any of the following information:

i.     The compensation offered to other MLS Participants.

ii.    The type of listing agreement, i.e., exclusive right to sell or exclusive agency.

iii.   The seller’s and occupant’s name(s), phone number(s), or e-mail address(es).

iv.   Instructions or remarks intended for cooperating brokers only, such as those regarding showings or security of listed property.

(b) 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.

(c) 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.

(d) A Participant shall limit the number of listings that a Registrant may view, retrieve, or download to not more than two hundred (200) current listings and not more than one (1) year of sold listings in response to any inquiry.

(e) A Participant shall require that Registrants’ passwords be reconfirmed or changed every ninety (90) days.

(f) 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.

(g) A Participant shall cause any listing displayed on his or her VOW that is obtained from other sources, including from another MLS or from a broker not participating in the MLS, to identify the source of the listing.

(h) 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.

(i) Participants and the AVPs operating VOWs on their behalf must execute the license agreement required by the MLS.

Section 14
Changes in Rules and Regulations
The MLS Board of Directors shall develop rules and regulations for the day-to-day operations of the Multiple Listing Service (hereinafter referred to as the “Service”) and shall amend such Rules and Regulations as required.

For this purpose, a quorum of the MLS Board of Directors shall be nine (9) voting members. A simple majority affirmative vote of the members present shall be required for action to amend the rules and regulations, and no other action shall be required, and this shall be sufficient authority for action on these matters.

Section Deleted.

Section 16
Fines
The following fines will apply to all Participants who do not comply with the operating Rules and Regulations of the New Jersey Multiple Listing Service, Inc. Any offense for which a fine is not listed shall subject the offender to a fine of not more than fifty ($50.00) dollars for the first (1st) offense and one hundred fifty ($150.00) dollars for any subsequent offense.

OFFENSES FIRST SUBSEQUENT
Late listing (more than 24 hours) $25.00 $50.00
Late ARIP (more than 24 hours) $150.00 $150.00
Late UNDER CONTRACT (more than 24 hours) $150.00 $150.00
Late removal of UNDER CONTRACT (more than 24 hours) $25.00 $50.00
Late removal of ARIP (more than 24 hours) $150.00 $150.00
Late closing/leasing (more than 7 days) $25.00 $50.00
Failure to report changes in listing within 24 hours $50.00 $50.00
Submitting listing from unregistered sales person $100.00 $100.00
Incomplete Detail in Listing Information $150.00 $150.00
Contact information in Remarks Section $150.00 $150.00
Failure to submit listing within 24 hours* $150.00 $150.00
Copying of any photos from a previously listed property other than your own $25.00 $50.00

*This fine will be imposed monthly until the listing has been submitted to the NJMLS.

No Participant shall loan, lease, sell or otherwise allow unauthorized access to the Service’s computerized information to any non-Participant of the Service. The penalty for this offense shall be five hundred ($500.00) dollars.

MLS Information, in whole or in part, may not be transferred electronically or otherwise, to any Service outside or within the Internet, unless such transfer is approved and controlled by the NJMLS, Inc. The Participant must request this electronic transfer in writing to the NJMLS Director in a form acceptable to the NJMLS. If a Participant does not receive written approval for this transfer and a transfer takes place the Participant shall be fined a maximum of $1,000 per day total not to exceed $5,000.

Section Deleted

Section Deleted

Section Deleted

NJMLS Guideline

Compliance with Rules: The REALTOR® operating the website must make changes to an Internet website when such changes are necessary to cure a violation of NJMLS’ Rules and Regulations or the Display Agreement within (5) business days of notice from NJMLS of such violation. Failure to comply with a notice to cure a violation of NJMLS’ Rules and Regulations within the required five day period will result in a requirement that the offending website be taken offline until the violation is cured. Failure to follow the requirement to take an offending website offline may subject the REALTOR® operating the website to a fine of $1,000 a day not to exceed a maximum of $5,000. In the event of a discrepancy between NJMLS’ Rules and Regulations and Display Agreement, the Display Agreement shall prevail.

Revised 1/17