February 2021

Here is the latest issue of the NJMLS newsletter. It has also been emailed to you in a more mobile-friendly version.

Advertising Compliance

The NJMLS Board of Directors recently approved an amendment to Section 13 of the NJMLS Rules and Regulations regarding the use of Market Share Statistics in advertising. In addition to disclosing whether ranking is based on individual, team, office, or company statistics, and disclosing the criteria upon which the ranking is based, the rule has been further amended to prohibit identifying competitors by name or other identifiable characteristic; comparisons can only be made generically. This additional amendment to the rule is bolded below:
 

Section 13
Limitations on Use of MLS Information

In addition, advertisements which contain Market Share Statistics must indicate whether the ranking is based on individual, team, office, or company statistics, and must include all the search criteria used to determine the published ranking. Further, when competitive statistics are used in advertising, whether agent, team, office, or company statistics, the competitor cannot be identified or inferred in the advertising, either by name or by any other identifiable characteristic such as company color scheme, logo, tag line, etc. Comparisons can only be made generically, with permitted language such as Office 1, Office 2 or Agent 1, Agent 2, etc. Failure to comply will result in a $500 dollar fine for the first offense, $1000 fine for subsequent offenses.

 

New!  National Association of Realtors Violation Policy


MLS members are required to submit and maintain accurate listing data. The National Association of Realtors (NAR) recently introduced new regulations regarding MLS Participants (Designated Realtors) and Subscribers (agents) and policy compliance, outlining procedures which need to be taken for violation of our Rules and Regulations, as follows:

Section 9.1
Violations of Rules and Regulations
In any instance where a Participant in an association multiple listing service is charged with a violation of the MLS bylaws or rules and regulations of the service, and such charge does not include alleged violations of the Code of Ethics or the Standards of Conduct for MLS Participants, or a request for arbitration, the Service may impose administrative sanctions. Recipients of more than five category 1 administrative sanctions/rule violations, more than three category 2 administrative sanctions/rule violations, or more than three category 3 administrative sanctions/rule violations will be required to attend a hearing of the Rules Committee of the MLS. The Rules Committee shall consist of at least two members of the NJMLS Board of Directors and one member of the NJMLS Technology Committee. The Service will send a copy of all administrative sanctions/violations against a Subscriber to the Subscriber’s Participant and the Participant will be required to attend the hearing of a Subscriber. Failure to attend a hearing within 30 days of receiving written notice of a required hearing may result in Participant’s and Subscriber’s suspension of membership in the Service.
  • Category 1 violation means a rule violation related to listing information provided by Participant or Subscriber.
  • Category 2 violation means a rule violation relating to IDX and VOW displays.
  • Category 3 violation means a rule violation relating to cooperation with a fellow Participant or Subscriber, and mandatory submission of listing to the service.
Hearings will be conducted by members of our Board of Directors and Technology Committee, and will be done virtually at this time. Possible outcomes include completion of appropriate training; appropriate, reasonable fines; suspension or possible termination of MLS rights, services, and privileges. Please refer to the NJMLS Rules and Regulations for complete description of possible outcomes from a hearing; they can be found in the XL Paragon > Toolkit > Forms, Docs & Gen Info.

 
 


The NJMLS provides training, currently offered as webinars, on all services and products, during which we also discuss applicable rules and policies. Should you need to review any of our rules, regulations or policies, please call — we are happy to assist you with this by phone.
 

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