MRIS Rules & Regulations
Synopsis of Changes to the MRIS Rules and Regulations
From time to time the MRIS® Rules and Regulations are revised to reflect changes in NAR® policy, real estate regulations, or clarifications of the existing Rules and Regulations. The following changes to the Rules and Regulations become effective on April 1, 2013. Click here to download the most recent MRIS Rules & Regulations.
Please note: the text in BLUE indicates ADDITIONS to the Rules and Regulations and the deleted text in RED indicates a DELETION.
Article V. Sec. 2 Arbitration/Ethics Complaints
A. All charges of unethical conduct or requests for arbitration against REALTOR Shareholder and REALTOR Non-Shareholder Members
and Non-REALTOR Licensees will be referred to the local Association where the property is located (unless all parties agree to arbitrate elsewhere) for appropriate action in accordance with the terms of the local Association’s/board’s bylaws.
B. By becoming and remaining a Subscriber, each Subscriber agrees to binding arbitration of disputes with other Subscribers arising out of a real estate transaction.
1. Where both/all parties hold REALTOR membership or hold MLS participatory rights under the Universal Access to Services component of Board of Choice in only one board, that board shall conduct arbitration.
2. Where both/all parties hold REALTOR membership or hold MLS participatory rights under the Universal Access To Services component of Board of Choice in the same two (or more) boards, arbitration will be conducted by the board in which the property giving rise to the dispute is located. If the property is not within the jurisdiction of those boards, the board in which the arbitration request is filed will conduct arbitration.
3. Where both/all parties do not hold membership in the same board, and do not have MLS participatory rights under the Universal Access To Services component of Board of Choice through the same board, complainants may, at their discretion, invoke inter-board arbitration or, alternatively, file arbitration requests with any board in which the respondent holds REALTOR membership or holds MLS participatory rights under the Universal Access to services component of Board of Choice. Pursuant to this provision, boards must provide arbitration services in circumstances where it is determined by the grievance committee that an arbitrable dispute exists and the dispute is subject to mandatory arbitration.
B. By becoming and remaining a MRIS subscriber, each Realtor subscriber agrees to arbitrate disputes involving contractual issue and questions, and specific non-contractual issues and questions defined in Standard of Practice 17-4 of the Code of Ethics with MLS participant in different firms arising out of their relationships as MRIS subscribers subject to the following qualifications:
1. If all disputants are members of the same association of Realtors or have their principal place of business within the same association’s territorial jurisdiction, they shall arbitrate pursuant to the procedures of the association of Realtors.
2. If the disputants are members of different associations of Realtors or if their principal place of business I located within the territorial jurisdiction of different associations of Realtors, they remain obligated to arbitrate in accordance with the arbitration procedures of their state association.
3. If neither of the disputants are members of an association of Realtors or a state association, then they may resolve their dispute in accordance with applicable law, including by the processes described in this section if they so elect and agree.
In the absence of any specific rules adopted by the Board of Directors, arbitration for a REALTOR Subscriber shall proceed in accordance with the applicable rules and procedures used by the local Association/Board of which the REALTOR Subscriber is a member. For a Non-REALTOR Licensed Subscriber, arbitration shall proceed in accordance with the rules and procedures established by the local Association/Board in the jurisdiction in which the Non-REALTOR Licensed Subscriber principal place of business is located (unless all parties agree to arbitrate elsewhere). For a non-Realtor licensed subscriber, this agreement to engage in binding arbitration shall be specifically enforceable in accordance with the applicable state law. Subscriber agrees that the award entered by the arbitrators shall be final, and judgment may be entered upon in accordance with applicable law in any court having jurisdiction.
ARTICLE VII - MRIS FEES AND CHARGES
Sec. 2 Initial Subscription Fee - A non-refundable fee assessed for delivery of the MRIS Software and issuance of the Subscriber User ID and Password.
(Not assessed to office secretaries and personal assistants)
Quarterly Subscription Fee - A flat fee assessed quarterly, in advance, for Subscriber’s right to continuing access to the MRIS Service.
Sec. 4 Training Fee - A fee assessed to all office secretaries and personal assistants.
Additional Other Fees - Other fees and charges as listed in the MRIS Schedule of Fees and Charges.
Sec. 6 - MRIS reserves the right to assess a reinstatement fee, as stated on the
Exhibit B Schedule of Fees of the Subscription agreement, to any subscriber wishing to reactivate his or her access to the MRIS service within one year after termination or suspension. The MRIS Subscription Fee shall be assessed to any subscriber wishing to reactivate his or her access after one year from the date of termination or suspension.
Fees are non-refundable. MRIS shall be under no obligation to refund or waive any fees or charges or any portion thereof incurred prior to termination. All termination requests must be received by MRIS in writing before the next renewal subscription period start date. Written notifications are accepted via email, mail or fax. Termination requests via telephone are not accepted. For termination requests received on or after the renewal subscription start date, the subscriber acknowledges that MRIS shall have no obligation to refund any fees or charges or any portion thereof paid to MRIS for that current subscription period.
Article XXII- INTERNET POLICY
Sec. 1 Only the Principal Broker Subscriber may authorize the display of listing information to a broker web site or a publicly accessible site. Under MRIS Internet Data Exchange (IDX) policy listing content may be shared among Principal Broker Subscribers participating in the IDX program. Broker’s consent for the display of their active listings is presumed unless the broker affirmatively notifies MRIS that the broker refuses to permit display (either on a blanket or on a listing-by-listing basis). If a broker refuses on a blanket basis to permit the display of that broker’s listings, that broker (or his licensees) may not download or frame the aggregated MLS data of other brokers. Where brokers 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 as instructed by the seller. Participation in IDX is available to all MRIS Brokers who consent to display of their listings by other MRIS Brokers.
Sec. 2 Display of another MRIS Principal Broker Subscriber’s listing must indicate MRIS as the source of the information. Subscribers must refresh all MLS downloads and refresh all MLS data at least once every three (3) days and must display the last update date.
Sec. 2 Display of another MRIS Principal Broker Subscriber’s listing must indicate MRIS as the source of the information. Displays of minimal information (e.g. “thumbnails”, text messages, “tweets”, etc.) of two hundred (200) characters or less are exempt from this requirement by only when linked directly to a display that includes all required disclosures. Subscribers must refresh all MLS downloads and IDX displays automatically fed by those downloads at least once every three (3) days and must display the last update date.
Sec. 3 Principal Broker Subscribers and their affiliated licensees and Appraisers may not modify listing information (such as list price, lot size, postal city, etc.) from another Principal Broker Subscriber’s listings. MLS data may be augmented with additional data not otherwise prohibited from display so long as the source of the other data is clearly identified.
Sec. 4 Principal Broker Subscribers and their affiliated licensees and Appraisers are prohibited from displaying information intended for cooperating brokers rather than consumers including but not limited to compensation offered to other subscribers, showing instructions, property security information, seller and occupant’s names phone numbers and email addresses.
Sec. 5 Listings or property addresses of sellers who have directed their listing brokers to withhold their listing or property address from display on the Internet including, but not limited to, publicly-accessible web sites shall not be accessible via IDX sites or VOWS. Notwithstanding this prohibition, listing brokers may display on their IDX
sites displays or their other Web site(s) the listing or property address of consenting sellers.
Sec. 6 Brokers and their affiliated licensees may select IDX
exclude listings they choose to display from display on 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 IDX listings displayed on any IDX site must be independently made by each Participant.
Sec. 7 When displaying listing content, a broker or their licensee’s IDX site must clearly identify the name of the brokerage firm under which they operate, and any other pertinent information as required by law, in a readily visible color and typeface. For purposes of IDX policy and these rules, “control” means the ability to add, delete, modify and update information as required by the IDX policy and MRIS Rules. This policy acknowledges that certain required disclosures may not be possible in displays of minimal information (e.g. “thumbnails”, text messages, “tweets”, etc., of 200 characters or less). Such displays are exempt from the disclosure requirements established in this policy but only when linked directly to a display that includes all required disclosures.
Listings must identify the listing firm in a reasonably prominent location and a readily visible color and typeface not smaller than the median used in the display of the listing data. Included in Sec 7
Sec. 10 Database information obtained from the MRIS system to display on a Principal Broker Subscriber’s web site or other publicly accessible site is provided for the consumer’s personal, non-commercial use and may not be used for any purpose other than to identify prospective properties that consumers may be interested in purchasing or selling. Brokers and their licensees must indicate on their websites and in any other IDX or VOW display that the information is being provided is for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing or selling.
Sec. 13 The Principal Broker Subscriber’s web site and their licensees’ web sites and other publicly accessible sites and displays must contain a disclaimer indicating that the accuracy of the data is not guaranteed. Additionally, Principal Broker Subscriber’s web site and their licensee’s web sites and other publicly accessible sites must contain a disclosure indicating that the listings come from many brokers and that not all listings from MRIS may be visible on the site.
Displays of minimal information (e.g. “thumbnails”, text messages, “tweets”, etc.) are exempt from this requirement but only when linked directly to a display that includes all required disclosures.
Sec.15 Brokers and their affiliated licensees must notify MRIS of their intention to establish an
IDX site VOW site or to display IDX information and must make their site or display directly accessible to MRIS for purposes of monitoring and ensuring compliance with applicable rules and policies.
Sec 18 Specific information on the MRIS VOW Policy and Regulations may be found in a separate document, which shall be deemed to be part of these Rules and Regulations.
Sec 19 Subscribers must protect IDX information from misappropriation by employing reasonable efforts to monitor and prevent “scraping” or other unauthorized accessing, reproduction or use of the MLS database. Subscribers may not use IDX-provided listings for any purpose other than IDX display
on their websites. This does not require subscribers to prevent indexing of IDX listings by recognized search engines.
Sec. 20 Websites of licensees affiliated with a participant’s firm shall disclose the firm’s name and the licensee’s state(s) of licensure in a reasonable and readily apparent manner. Included in Sec. 7
Sec. 21 With respect to any IDX
site display that 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, the IDX site shall disable or discontinue either or both of those features shall be disabled or discontinued with respect to the seller’s listing 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 by all subscribers’ websites. A subscribers’ IDX site may communicate the subscribers’ professional judgment concerning any listing. Nothing shall prevent an IDX site display from notifying its customers that a particular feature has been disabled at the request of the seller.
Sec. 23 An IDX operator 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
IDX operator Broker or licensee beyond that supplied by the MLS and that relates to a specific property displayed on the IDX site. The IDX operator broker or their licensee 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 that property explaining why the data or information is false. However, the IDX operator Broker or their licensee shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment.
Sec. 24 Brokers may use listing and sales data related to the broker’s own brokerage to facilitate the display of broker/agent ratings of the broker’s own licensees on (i) the publicly accessible websites of the broker or of the broker’s own licensees, and (ii) via social media channels they exercise control and oversight over. Such data also may be used for marketing purposes on (i) the publicly accessible websites of the broker or of the broker’s own licensees, and (ii) via social media channels they exercise control and oversight over. Prior broker consent is required for the display of ratings related to any non-affiliated brokers or agents, and all such displays must comply with applicable laws.