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MLS Advertising Guidelines
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This is a compilation of helpful hints, conclusions and explanations drawn directly from the Pacific West Association of REALTORS® Multiple Listing
Service Rules and Regulations.
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MLS Committee's Guide to Advertising another Agent's Listing
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Purpose
The purpose of this guide is: (1) To highlight the specific sections in our MLS Rules and Regulations ("MLS Rules") that govern the advertising of another agent's listing; (2) To provide explanations of the advertising rules so that you have a better understanding of what you can and cannot do; (3) To give examples of what can and cannot be done.
Summaries
Here are summaries of the specific sections of the MLS Rules that apply to advertising another agent's listing.
Sec.12.8
Listings may not be advertised by any MLS participant, except the listing broker, without prior consent (except on the internet covered in Section 12.16).
Sec 12.9
The truthful use of the current listing information from the A.O.R.'s "statistical report" or "comparable report" by a Participant for showing market share is alright. However, it may NOT Include the address of the property and must clearly state the time period covered for the claims. It must also include a "Based on…where…& when…" disclaimer.
Sec. 12.11, 12.15.1 & 12.15.5
The purpose of the MLS is to market properties to bona fide prospective purchases, to offer compensation to other participants, to support market evaluations for bona fide sellers & for appraising. Other uses of this information are expressly prohibited.
Sec. 12.12
The AOR leased MLS information is confidential and must be controlled at all times.
Sec. 12.13
Current listing information may not be given to real estate professional who do not belong to the A.O.R.
Sec. 12.16
Other broker's listing may be posted on a website if they clearly state the listing broker's name. It must show the source of the information and be updated at least every 7 days.
In addition of the PWR MLS Rules, the Department of Real Estate maintains rules and regulations and the National Association of REALTOR® Article 12, Code of Ethics, governs advertising. It is suggested that all rules and regulations which regulate advertising should be reviewed in full.
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Examples
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What I can do:
- Show or give pertinent listings in the MLS to bona fide buyers and sellers;
- Advertise my own listings truthfully;
- Advertise another broker's listing with prior consent (IDX);
- Publish (for door knocking, mailing or other marketing uses) another broker's listing in a market share
report without addresses;
- Publish another broker's listing necessary for CMA or appraisal preparation;
- Publish the MLS on my website, so long as it shows who the listing agent is and where the information
came from (IDX).
What I CANNOT do:
- Disclose any owner or occupant information from the MLS to any unauthorized person;
- Give any MLS information to non-member agents or other unauthorized persons;
- Advertise or mass distribute another broker's listing without prior consent (except under the internet
guidelines);
- Include addresses of active listings in a market share report leave the source and time frame information
out of the report;
- Publish another brokers' active listing on any website, individually, without prior consent.
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