2024.08.01 - MIAMI SEFMLS RULES

MIAMI Association of REALTORS®, Inc. d/b/a Southeast Florida Multiple Listing Service

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MLS RULES AND REGULATIONS

(“MLS RULES”)

MIAMI ASSOCIATION OF REALTORS®, INC.

D/B/A SOUTHEAST FLORIDA MULTIPLE LISTING SERVICE

LAST UPDATED AUGUST 1, 2024

EFFECTIVE AUGUST 17, 2024

1. PURPOSE

MIAMI Association of REALTORS®, Inc. (“MIAMI”) d/b/a Southeast Florida Multiple

Listing Service (“SEFMLS” or “MLS”) is a multiple listing service, which is: a facility for the orderly

correlation and dissemination of listing information so that “Participants” and “Other

Subscribers,” as defined herein, may better serve their customers, clients, and the public; a

means of enhancing cooperation among Participants and Other Subscribers; a means by which

information is accumulated and disseminated to enable authorized Participants to prepare

appraisals, analyses, and other valuations of real property for bona fide clients and customers;

and, a means by which Participants engaging in real estate appraisal contribute to common

databases. Any matter not specifically addressed in these MLS Rules shall be governed by the

policies and procedures set forth by the NATIONAL ASSOCIATION OF REALTORS® (“NAR”),

including but not limited to the NAR “Handbook on Multiple Listing Policy,” as from time to time

amended, and which are incorporated herein by reference. The NAR Handbook on Multiple

Listing Policy shall in no instance be interpreted as requiring any constituent member

association, such as MIAMI, or association member to adopt or follow any policy which would

contravene law applicable to MIAMI or association member.

2. SUPERVISION & EFFECTIVE DATE OF CHANGES IN MLS RULES

SEFMLS is supervised by the Residential and BROWARD-MIAMI Boards of Governors

of MIAMI, which supervision includes making changes in, and enforcing, the MLS Rules, subject

to the final approval of the Corporate Board of Directors of MIAMI. Any changes to the MLS

Rules are effective upon approval by the Corporate Board of Directors of MIAMI. Participants’

and Subscribers’ ongoing and continued use of and access to the SEFMLS constitutes their

consent to be bound by the MLS Rules, both as they exist now and as may be amended in the

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future.

3. DEFINITIONS: GENERALLY

3.1 “Associate” means any employee or salesperson of a REALTOR® member who

has access to and utilizes the SEFMLS through the Participant.

3.2 “Business Day(s)” are weekdays, Monday through Friday, and do not include

weekends or federal holidays.

3.3 “Compilation” or “SEFMLS compilation” shall be construed to include any

format in which the Listing Content is collected and disseminated to the Participants and

Subscribers, including but not limited to bound book, loose-leaf binder, printouts, computer

database, card file, or any other format whatsoever.

3.4 “Data Input Form” is a standard property data form used by Participants and

Subscribers of the SEFMLS to enter listing information into the online database.

3.5 “Developer” or “Builder” refers to people and companies who coordinate all of

these activities, converting ideas from paper to real property. Developers buy land, finance real

estate deals, build or have builders build projects, create, imagine, control and orchestrate the

process of development from beginning to end.

3.6 “Geographic Market Area” refers to all of Miami-Dade, Broward, Palm Beach

and Martin Counties in the State of Florida.

3.7 “Governing Documents” collectively refers to the MIAMI Membership

Agreement or MIAMI MLS Membership Agreement for Participation in MIAMI’s Multiple Listing

Service by a Non-Member Broker, Bylaws, Privacy Policy, Cookie Policy, Terms of Use, MIAMI

Member Code of Conduct, MLS Rules, NAR Code of Ethics and Arbitration Manual as most

recently adopted by MIAMI, both as all exist as of the effective date of these MLS Rules and as

may be amended at any time in the future with or without advance notice. It is the responsibility

of each of the Participants and Other Subscribers to fully comply with the Governing Documents.

3.8 “Images and Documents” includes images, photographs, audio, sounds, video

graphics, user interfaces, visual interfaces, artwork, documents, drawings, renderings,

blueprints, virtual tours, descriptions, pricing information, narratives, remarks, recordings, and

any other files submitted by a Participant or Other Subscriber to the SEFMLS as part of Listing

Content.

3.9 “Leased” is defined as a property that is rented (or leased) on the date the lease

agreement is signed between the Owner and lessee.

3.10 “Listing Content” means Images and Documents, and any other content referred

to or included in the listing, including but not limited to pricing information, narratives, details

about the property, remarks, descriptions, any other information related to the listed property,

any changes to the listing, and any metadata associated with the listing, that is submitted by a

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Participant or Other Subscriber in relation to listed properties or otherwise used by or relied upon

by Participants and Other Subscribers.

3.11 A “Participant” in SEFMLS is an individual with a broker license under Florida

law who is the principal broker of a brokerage firm (the “Broker of Record,” as defined below)

and who actively (as later defined herein), or a firm composed of REALTOR® principals, that

endeavors during the operation of their real estate business to list real property of the type listed

on the SEFMLS and/or to cooperate with listing brokers or agents through the SEFMLS to assist

buyer customers.

3.12 “New Construction” refers to site preparation for, and construction of, entirely

new structures and/or significant extensions to existing structures whether or not the site was

previously occupied.

3.13 “Offer” is the written offer to purchase or lease is only signed by the prospective

buyers or lessees. If executed by the Owners, this will constitute a contract for sale or a lease.

3.14 “Other Subscribers” or “Subscribers” refer to non-principal brokers, sales

licensees, and licensed and certified real estate appraisers affiliated with a Participant and also

include a Participant’s affiliated unlicensed administrative and clerical staff, personal assistants,

and individuals seeking licensure or certification as real estate appraisers provided that any such

individual is under the direct supervision of a Participant or the Participant’s licensed designee.

Their access is subject to the MLS Rules, Governing Documents, the payment of applicable fees

and charges (if any), and the limitations and restrictions of state law. None of the foregoing shall

diminish the Participant’s ultimate responsibility for ensuring compliance with the MLS Rules and

Governing Documents by all individuals affiliated with the Participant. The various types of

Subscribers are defined as follows:

3.14.1 Appraiser. Licensed or certified by the state licensing authority to provide

valuations of real property.

3.14.2 Associate Brokers. Real estate brokers who operate as managers, non-

principal brokers, or salespersons who are subject to the oversight of the Broker of Record.

3.14.3 Broker or Broker of Record. Licensed by the state real estate licensing

authority and is recognized as the principal broker for the firm and has management oversight.

3.14.4 Licensees. Licensed real estate salespersons who are affiliated with a

participating Broker of Record.

3.14.5 Non-Licensed Personnel. Affiliated unlicensed administrative and clerical

staff, personal assistants, and/or individuals providing administrative support to the Subscribers.

3.15 “Owner” refers to an owner (or owners) of real property that are selling or leasing

their properties on the SEFMLS. The term “Owner” shall collectively be used to refer to one or

more owners of the property (or properties) listed in the SEFMLS.

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3.16 “Pre-Construction” refers to units proposed by the Developer but have not yet

been built.

3.17 “Public Marketing” includes, but is not limited to, flyers displayed in windows,

yard signs, digital marketing on public facing websites, brokerage website displays (including

IDX and VOW), digital communications marketing (e.g. email blasts), multi-brokerage listing

sharing networks, and applications available to the general public.

3.18 “Requests for Showings” refers to requests to show or tour a listed property.

Appointments are not on demand (e.g. at the buyer’s or lessee’s agent’s schedule); but, are to

be within a reasonable period of time. Rental properties may be designated “tenant occupied/no

showing permitted.” If so designated, the listing must include interior photographs.

3.19 A property is considered “Sold” on the date of final settlement.

3.20 “Under Construction” refers to residential property, condominiums, or

townhouses, including conversions/major renovations for which there is no certificate of

occupancy.

3.21 A property shall be considered “Under Contract” on the date as of which both the

Owner and buyer(s) have signed a purchase and sale contract.

4. DEFINITIONS: STATUSES

4.1 Active. Properties currently subject to a listing contract and reported to the MLS

in which the Participant has been directed by the Owner to: (1) set appointments for showings

(new construction may not qualify); (2) seek agreements of sale or lease to present to the Owner;

and, (3) the listing is on the market and a written offer has not been accepted. The “Active” listing

status requires that the listing is available and may not be used for listings where the property

was already under contract for sale or lease before entering it into the MLS (e.g. properties that

have already been sold or leased, or that are currently under contract for the same, may not be

placed in the SEFMLS as “Active” listings). An Active listing shall be made available for showing

to other Participants and Subscribers, even during contract negotiations (which includes

counteroffers), unless the status is changed to “Pending.”

4.2 Active Under Contract. Properties in which a written offer has been accepted but

the Owner agrees to: (1) continue to show the property; and, (2) accept backup offers.

4.3 Cancelled. Properties in which the listing contract has been terminated prior to the

expiration date.

4.4 Closed. Properties in which: (1) successful closing has taken place and title has

been transferred from Owner (seller) to buyer or in which possession of a property has been

transferred from an Owner (lessor) to a lessee; or, (2) the agreement of sale has been fulfilled

or the lease agreement has been executed.

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4.5 Coming Soon. Properties currently subject to a listing contract and reported to

SEFMLS in which the Participant has been directed by the Owner that: (1) no agreement of sale

or lease is currently in effect; or, (2) this listing has not yet been on the market but will be on the

market soon (a listing contract has been executed but the property cannot be shown). Properties

can be in this status up to 21 days.

4.6 Comp Only Sales. Makes non-MLS reported sales or leasing information

available for CMA purposes and will be included in agent production reports. Requires a copy of

the closing statement (HUD) or a fully executed lease and a complete “Comp Only Sales

Reporting” form signed by the Broker of Record and submitted to SEFMLS. Sale or lease is to

be entered into SEFMLS by MIAMI employees only after SEFMLS approval.

4.7 Pending. Listings of property in which: (1) an agreement of sale or lease is in

effect; (2) the settlement or execution of a lease has not yet taken place; (3) the Participant or

Subscriber has been instructed by the Owner to no longer set appointments for showings; and,

(4) a written offer has been accepted and the listing is no longer on the market or otherwise

available.

4.8 Temporarily Off Market. Listings in which the Owner has requested the

Participant or Subscriber to: (1) temporarily suspend the marketing of the property; and, (2) to

not set appointments for showings, as the listing is expected to come back on market. Even

though the listing is temporarily off market, a contract still exists between the Owner and the

Participant or Subscriber. This status can be set for a maximum of 30 days and automatically

returns to “Active” on the “Return to Active Date.”

4.9 Withdrawn. The listing has been withdrawn from the market, but a contract still

exists between the Owner and the Participant or Subscriber and there is no intention to bring

the listing back on the market. Any information concerning expired or withdrawn listings included

in an association’s comparable report or other report of statistical information shall be clearly

indicated as expired or withdrawn so that the users of such information will be aware of the

actual status of such listings.

5. DEFINITIONS: PROPERTY TYPES

5.1 Business Opportunity (BUS). Any business for sale that does NOT include the

real property but does include a leasehold or other interest in real property, which is transferred

in conjunction with the business.

5.2 Commercial Sale (COM). Includes buildings that are zoned for commercial use

that are for sale or for lease (includes residential dwellings of 5 or more units).

5.3 Land (RLD or CLD). Vacant land with no inhabitable improvement that is for sale.

Two property types currently exist: (1) Residential Land (RLD); and, (2) Commercial Land (CLD).

5.4 Multifamily (RIN). Multifamily property type will include 2 to 4-unit residential

properties that are for sale or exchange where all units are part of the transactions.

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5.5 Residential (RE1 or RE2). A single-family residence that is for sale. Residential

property type will include residential dwellings of one unit. Two property types currently exist: (1)

Single Family Residential (RE1); and, (2) Condo, Townhouse, Co-Op (RE2).

5.6 Residential Lease (RNT). A single-family residence that is for lease. Residential

Lease property type will include residential dwellings of 1 unit that are for lease.

6. DEFINITIONS: TYPES OF LISTING AGREEMENTS

6.1 Exclusive Agency Listing Agreement (EA). A contractual agreement under

which the listing Broker acts as the agent or as the legally recognized non-agency representative

of the Owner(s), and the Owner(s) agree(s) to pay a commission to the listing Broker if the

property is sold or leased through the efforts of any real estate broker. If the property is sold or

leased solely through the efforts of the Owner(s), the Owner(s) is (are) not obligated to pay a

commission to the listing Broker. The Owner of the property retains the right to sell or lease the

property without obligation of commission if sold by themselves and without any licensed agents

involved. SEFMLS shall not establish or maintain any rule or policy prohibiting inclusion of

exclusive agency listings that would be otherwise acceptable for inclusion in the compilation of

current listing information. This policy shall not be construed as requiring Participants or

Subscribers to accept exclusive agency listings if they determine acceptance is not in their best

interest or the best interest of clients or customers. However, this policy does preclude collective

agreements between Participants and Subscribers affiliated with different firms or others to

refuse to accept exclusive agency listings.

6.2 Exclusive Right of Sale Listing Agreement (ER). A contractual agreement under

which the listing Broker acts as the agent or as the legally recognized non-agency representative

of the Owner(s), and the Owner(s) agree(s) to compensate the listing Broker, regardless of

whether the property is sold or leased through the efforts of the listing Broker, the Owner(s), or

anyone else; and, a contractual agreement under which the listing Broker acts as the agent or

as the legally recognized non-agency representative of the Owner(s), and the Owner(s) agree(s)

to compensate the listing Broker regardless of whether the property is sold or leased through

the efforts of the listing Broker, the Owner(s), or anyone else, except that the Owner(s) may

name one or more individuals or entities as exemptions in the listing agreement and if the

property is sold to any exempted individual or entity, the Owner(s) is not obligated to compensate

the listing Broker.

6.3 Exclusive with Exceptions. Listing agreement under which the listing Broker

becomes the sole agent of the Owner and the Owner agrees to pay a commission to the listing

Broker regardless of whether the listed property is sold or leased through the efforts of the listing

Broker, the Owner or anyone else, except that the Owner may name one or more individuals or

entities as exemptions in the listing agreement; and, if the listed property is sold or leased to any

exempted individual or entity, the Owner is not obligated to pay a commission to the listing

Broker.

6.4 Joint Agency. Real estate agents who are jointly engaged to assist an Owner

reach a deal. Compensation, if any, earned from the venture may be shared by all parties.

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6.5 Limited Service Listings (LS). Listing agreements under which the listing Broker

will not provide one or more of the following services: (1) arrange appointments for cooperating

Brokers to show listed property to potential purchasers or lessees, but instead gives cooperating

Brokers authority to make such appointments directly with the Owners; (2) accept and present

to the Owner offers to purchase procured by cooperating Brokers, but instead gives cooperating

Brokers authority to present offers to purchase directly to the Owner; (3) advise the Owner as to

the merits of offers to purchase or lease; (4) assist the Owner in developing, communicating, or

presenting counteroffers; or, (5) participate on the Owner’s behalf in negotiations leading to the

sale or lease of the listed property. Limited Service Listings will be identified with an appropriate

code or symbol (LS) in MLS compilations so potential cooperating Brokers will be aware of the

extent of the services the listing Broker will (or will not) provide to the Owner, and any potential

for cooperating Brokers being asked to provide some or all of the services to a listing Broker’s

customer, prior to initiating efforts to show, sell, or lease the property. Limited Service Listings

must be either an exclusive right to sell/rent/lease (ER) or an exclusive agency (EA) listing in

order to be submitted to the MLS.

6.6 Office Exclusive or Exempt Listing. An exclusive right of sale or lease listing that

the Owner has been advised of the benefits of the SEFMLS but instructs their Broker in writing

that their listing should not be published and distributed to other SEFMLS Participants and

Subscribers. Certification from the Owner with their direction not to disseminate the listing

through the database shall be submitted to SEFMLS and kept on file by the Participant and/or

Other Subscriber.

7. DEFINITIONS: REPRESENTATION

7.1 Transaction Broker: Under Florida law, it is presumed that all licensees are

operating as transaction brokers unless a single agent or no brokerage relationship is

established, in writing, with the customer. A transaction broker is a broker who provides limited

representation to a buyer, a seller, or both in a real estate transaction, but who does not

represent either party in a fiduciary capacity or as a single agent. In this relationship, the seller

(or the buyer) is considered to be a customer of the real estate broker and not a principal, or

client, of the real estate broker.

7.2 Single Agent: A real estate broker who becomes an agent of a buyer or a seller

is deemed to be a fiduciary. As a fiduciary, a real estate broker is held by law to owe specific

duties to their principal (the person who they are representing, e.g. the seller or buyer), in

addition to duties or obligations set forth in a listing agreement, buyer representation agreement,

or other contract of employment. A single agent may not represent both a seller and a buyer in

a transaction.

7.3 No Brokerage Relationship: Duties of a licensee who has no brokerage

relationship with a buyer or seller must be fully described and disclosed in writing to the buyer

or seller. The disclosure must be made before the showing of property.

7.4 DISCLAIMER: This section on “Definitions: Representation” is for reference only.

Participants and Subscribers must comply with the authorized brokerage relationships

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authorized by Florida law, see Fla. Stat. Sec. 475.278.

8. PARTICIPATION: REALTOR® MEMBERS

8.1 GENERALLY

8.1.1 All Participants and Other Subscribers accept and agree to these MLS

Rules by accessing or otherwise using the SEFMLS. Access is subject to: the MLS Rules; the

payment of applicable fees and charges (if any); MIAMI’s Bylaws; MIAMI Membership

Agreement or MLS Membership Agreement for Participation in MIAMI’s Multiple Listing Service

by a Non-Member Broker (as applicable); and, the limitations and restrictions of federal, state,

and local laws, regulations, and ordinances.

8.1.2 Notwithstanding the foregoing, no REALTOR® member of MIAMI shall be

required to participate in the SEFMLS. A requirement to participate in a multiple listing service

in order to gain and maintain REALTORS® membership is an inequitable limitation on its

membership (from Official Interpretation No. 1 of Bylaws, Article I, Section 2, adopted by the

Board of Directors of the National Association, November 15, 1960). However, if a REALTOR®

member of MIAMI chooses to participate as a Participant or Subscriber of the SEFMLS, the

REALTOR® member of MIAMI should be required to exchange information on the same basis,

according to the same rules and costs imposed on all who participate.

8.2 SEFMLS PARTICIPATION BY BROKERS ACTING AS AGENTS OF

POTENTIAL PURCHASERS

Neither MIAMI nor SEFMLS may make or maintain a rule which would preclude an

individual or firm, otherwise qualified, from participating in the SEFMLS solely on the basis that

the individual or firm functions, to any degree, as the agent of potential purchasers under a

contract between the individual (or firm) and the prospective purchaser (client or customer).

However, in instances where the Participant or Subscriber is representing the potential

purchaser as an agent, the Participant or Subscriber cannot function simultaneously as the

subagent of the listing Broker without Owner and buyer or lessee consent or as otherwise

provided by state law; and, must make his/her/their true position clearly known to all interested

parties at first contact.

8.3 IMMEDIATE ACCESS TO SEFMLS BY MIAMI MEMBERS

8.3.1 Where the multiple listing service of an association of REALTORS® is

required by law to provide access to non-members and immediate access is provided to such

non-members, similar immediate access shall be provided to applicants for membership in the

association of REALTORS® subject to any required orientation in multiple listing policies and

procedures set forth in these MLS Rules and Governing Documents. Otherwise, the application

for association membership shall be processed in the normal manner. After providing such

access to SEFMLS, the applications of such applicants for MAMI membership should proceed

on a normal basis and all association membership qualifications and all Official Interpretations

of Article I, Section 2, Bylaws of NAR have full force and effect.

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8.3.2 Where the term REALTOR® is used in this explanation of policy in

connection with the word member or the word Participant, it shall be construed to mean the

REALTOR® principal or principals, of MIAMI or any other association, or a firm composed of

REALTOR® principals participating in a multiple listing service owned and operated by MIAMI.

Participatory rights shall be held by an individual principal broker unless determined by the

association or MLS to be held by a firm. It shall not be construed to include individuals other than

a principal or principals who are REALTOR® members of this or any other association, or who

are legally entitled to participate without association membership.

8.3.3 However, under no circumstances is any individual or firm, regardless of

membership status, entitled to SEFMLS membership or participation unless they hold a current,

valid real estate broker’s license and cooperate or are licensed or certified by an appropriate

state regulatory agency to engage in the appraisal of real property. “Cooperation” is the

obligation to share information on listed property and to make property available to other Brokers

for showing to prospective purchasers and lessees when it is in the best interest of their clients

and customers. Use of information developed by or published by MIAMI and SEFMLS is strictly

limited to the activities authorized under a Participant’s or Subscriber’s licensure(s) or

certification(s); and, unauthorized uses are strictly prohibited.

8.3.4 Mere possession of a broker’s license is not sufficient to qualify for SEFMLS

participation. Rather, the requirement that an individual or firm “cooperates” means that the

participant actively endeavors during the operation of its real estate business to list real property

of the type listed on the SEFMLS, shares information on listed property, and makes property

available to other Brokers for showing to prospective purchasers and lessees when it is in the

best interests of their clients and customers. “Actively” means on a continual and ongoing basis

during the operation of the Participant’s or Subscriber’s real estate business. The “actively”

requirement is not intended to preclude SEFMLS participation by a Participant, Subscriber,

potential Participant, or potential Subscriber that operates a real estate business on a part-time,

seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative

inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny

SEFMLS participation to a Participant, Subscriber, potential Participant, or potential Subscriber

who has not achieved a minimum number of transactions despite good faith efforts. Nor is it

intended to permit SEFMLS to deny participation based on the level of service provided by a

Participant, Subscriber, potential Participant, or potential Subscriber as long as the level of

service satisfies state law.

8.3.5 The key is that the Participant, Subscriber, potential Participant, or potential

Subscriber cooperates with respect to properties of the type that are listed on the SEFMLS in

which participation is sought. “Cooperation” is the obligation to share information on listed

property and to make property available to other Brokers for showing to prospective purchasers

and lessees when it is in the best interest of their clients and customers. This requirement does

not permit SEFMLS to deny participation to a Participant or potential Participant that operates a

“Virtual Office Website” (“VOW”) (including a VOW that the Participant uses to refer customers

to other Participants) if the Participant or potential Participant actively endeavors to cooperate.

SEFMLS may evaluate whether a Participant or potential Participant actively endeavors during

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the operation of its real estate business to cooperate only if SEFMLS has a reasonable basis to

believe that the Participant or potential Participant is in fact not doing so. The membership

requirement shall be applied in a nondiscriminatory manner to all Participants and potential

Participants.

8.3.6 Further, none of the foregoing is intended to convey participation or

membership or any right of access to information developed by or published by MAMI or

SEFMLS where access to such information is prohibited by law.

8.3.7 Under the NAR Board of Choice policy, SEFMLS participatory rights shall

be available to any REALTOR® (principal) or any firm comprised of REALTORS® (principals)

irrespective of where they hold primary membership subject only to their agreement to abide by

MLS Rules and Governing Documents; agreement to arbitrate disputes with other Participants;

and, payment of any SEFMLS dues, fees, and charges. SEFMLS participatory rights granted

under Board of Choice do not confer voting privileges or eligibility for office as an Officer, or

Director, or committee member of MIAMI or SEFMLS.

8.3.8 The universal access to services component of Board of Choice is to be

interpreted as requiring that SEFMLS participatory rights be available to REALTOR® principals,

or to firms composed of REALTOR® principals, irrespective of where primary or secondary

membership is held.

8.3.9 SEFMLS may charge Participants and Subscribers not holding primary or

secondary membership in a REALTOR® association that owns the multiple listing service a

different amount than charged to members of the association, provided that such charge is

reasonably related to the actual costs of serving those members.

8.3.10 None of the foregoing shall be construed as requiring MIAMI or SEFMLS to

grant SEFMLS participatory rights, under Board of Choice, where such rights have been

previously terminated by action of MIAMI’s Corporate Board of Directors.

9. PARTICIPATION: NON-MEMBERS

9.1 A non-member applicant for SEFMLS participation who is a principal, partner,

corporate officer, or branch office manager acting on behalf of a principal, shall supply evidence

satisfactory to MIAMI and SEFMLS that they: have no record of recent or pending bankruptcy;

have no record of official sanctions involving unprofessional conduct; agree to complete a course

of instruction (if any) covering the MLS Rules and regulations and computer training related to

SEFMLS information entry and retrieval; shall pass such reasonable and non-discriminatory

written examination thereon as may be required by SEFMLS; shall agree that if permitted to be

a Participant or Subscriber, they will abide by the MLS Rules, the MIAMI Membership Agreement

or MIAMI MLS Membership Agreement for Participation in MIAMI’s Multiple Listing Service by a

Non-Member Broker (as applicable), and MIAMI’s Bylaws; have completed a written application

and agreement to abide by the MLS Rules and Governing Documents, as applicable; and, shall

pay the SEFMLS fees and dues, including the non-member differential (if any), as from time to

time established. SEFMLS and MIAMI may also consider the following in determining a non-

member applicant’s qualifications for SEFMLS participation: all final findings of Code of Ethics

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violations and violations of other membership duties in any other association or multiple listing

service within the last 3 years; pending ethics complaints or hearings; unsatisfied discipline

pending; pending arbitration requests or hearings; and/or, unpaid arbitration awards or unpaid

financial obligations to MIAMI, SEFMLS, or any other association or multiple listing service.

Under no circumstances is any individual or firm entitled to SEFMLS participation or membership

unless they hold a current, valid real estate broker's license, or are licensed or certified by an

appropriate state regulatory agency to engage in the appraisal of real property. Use of

information developed by or published by MIAMI and/or SEFMLS is strictly limited to the activities

authorized under a Participant's licensure(s) or certification(s) and unauthorized uses are

prohibited. Further, none of the foregoing is intended to convey participation or membership or

any right of access to information developed by or published by MIAMI or SEFMLS where access

to such information is prohibited by law. If any examination on the SEFMLS orientation is given,

it shall be an open-book, no-pass, no-fail examination for programmed learning purposes only.

9.2 Mere possession of a Broker’s license is not sufficient to qualify for SEFMLS

participation. Rather, the requirement that an individual or firm cooperates means that the

Participant or “Subscriber” actively endeavor during the operation of its real estate business to

list real property of the type listed on the SEFMLS, share information on listed property and make

property available to other Brokers for showing to prospective purchasers and lessees when it

is in the best interests of their client or customer. “Actively” means on a continual and ongoing

basis during the operation of the Participant’s or Subscriber’s real estate business. The “actively”

requirement is not intended to preclude SEFMLS participation by a Participant, Subscriber,

potential Participant, or potential Subscriber that operates a real estate business on a part-time,

seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative

inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny

SEFMLS participation to a Participant, Subscriber, potential Participant, or potential Subscriber

who has not achieved a minimum number of transactions despite good faith efforts. Nor is it

intended to permit SEFMLS to deny participation based on the level of service provided by the

Participant, Subscriber, potential Participant, or potential Subscriber as long as the level of

service satisfies state law.

9.3 The key is that the Participant, Subscriber, potential Participant, or potential

Subscriber cooperate with respect to properties of the type that are listed on the SEFMLS in

which participation is sought. Cooperation is the obligation to share information on listed property

and to make property available to other brokers for showing to prospective purchasers and

lessees when it is in the best interest of their clients and customers. This requirement does not

permit SEFMLS to deny participation to a participant or potential participant that operates a

“Virtual Office Website” (“VOW”) (including a VOW that the participant uses to refer customers

to other Participants and Subscribers) if the Participant, Subscriber, potential Participant, or

potential Subscriber actively endeavors to cooperate. SEFMLS may evaluate whether a

Participant, Subscriber, potential Participant, or potential Subscriber actively endeavors during

the operation of its real estate business to cooperate only if SEFMLS has a reasonable basis to

believe that the Participant, Subscriber, potential Participant, or potential Subscriber is in fact

not doing so. The membership requirement shall be applied in a nondiscriminatory manner to all

Participants, Subscribers, potential Participants, or potential Subscribers.

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10. CATEGORIZATION OF SEFMLS SERVICES, INFORMATION, AND PRODUCTS

10.1 CORE SEFMLS SERVICES, INFORMATION, AND PRODUCTS

The services, information, and products that SEFMLS provide to Participants and to

Subscribers are be categorized as “core” or as “basic.” Core SEFMLS information, services, and

products are essential to the effective functioning of SEFMLS are as follows: (1) active listing

information. This core service includes the electronic mechanism by which information is

communicated between Participants and Subscribers and the SEFMLS, which is specifically

defined as access to the SEFMLS through the front-end software provided by SEFMLS; no

alternative means or software shall be used for accessing the SEFMLS and/or SEFMLS data.

For non-member participation in SEFMLS, the information, services, and products available to

such Participants and Subscribers is limited to those categorized as “core.”

10.2 BASIC SEFMLS SERVICES, INFORMATION, AND PRODUCTS

In addition to core services, SEFMLS automatically provides additional information,

services, and products substantially related to the purpose and function of MIAMI and SEFMLS,

which are determined locally by MIAMI and SEFMLS and automatically provided to all

Participants and Subscribers who are MIAMI members. These are packaged as “basic” services

and are subject to change, with or without advance notice, written or otherwise, in MIAMI and

SEFMLS’ sole and absolute discretion. In addition to core services, the basic services may

include the following: sold and comparable information; pending sales information; expired

listings and “off market” information; tax records; zoning records/information; title/abstract

information; mortgage information; amortization schedules; mapping capabilities; statistical

information; public accommodation information; computer training, orientation, and education;

access to affinity programs; and, establishment, maintenance, and promotion of public-facing

websites. While basic services are automatically provided to MIAMI members, neither MIAIM

nor SEFMLS requires a Participant or Subscriber member to use, participate in, or pay for any

upgrades to the basic information, services, or products. In all instances where member

Participants and Subscribers wish to avail themselves of the “optional” SEFMLS services,

information, and products, or they wish to upgrade “basic” SEFMLS services, information, and

products to the premium or paid versions of the same, Participants and Subscribers may be

required to pay for any the same; and, said member Participants and Subscribers will be made

aware of the same and will be given the right to decline such upgrades.

10.3 OPTIONAL SEFMLS SERVICES, INFORMATION, AND PRODUCTS

The following are optional SEFMLS services: (1) lock boxes (2) advertising or access to

advertising (whether print or electronic), including classified advertising, homes-type

publications, and electronic compilations, including Participant, Subscriber, or firm homepages

or websites; and, (3) upgraded “basic” SEFMLS services, information, and products to the

premium or paid versions of the same.

While no Participant or Subscriber can be required to use, participate in, or pay for

information, services, or products defined in this policy statement as optional, if any, MIAMI or

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SEFMLS may, as a matter of local determination, bill all Participants (or, where appropriate,

Subscribers) for optional information, services, or products provided that Participants (or, where

appropriate, Subscribers) may decline such information, services, or products and not be

charged for them. In such cases, MIAMI and/or SEFMLS will make all Participants and

Subscribers aware, in advance, of their right to decline any such optional service, product, or

information.

None of the foregoing precludes MIAMI or SEFMLS from utilizing MIAMI and/or SEFMLS,

dues, or fees or special assessments (as otherwise provided for in the Governing Documents)

to acquire assets (including hardware and software) necessary to make optional information,

services, or products available to member Participants and Subscribers, provided any funds

used to acquire assets or initiate services will be reimbursed out of the proceeds realized from

the sale or lease of such information, services, or products. SEFMLS and/or MIAMI may make

nominal administrative expenditures out of reserves, dues, or fees to initiate or maintain optional

services and products.

11. SEFMLS FEES, DUES, AND CHARGES

11.1 Service fees and charges for the SEFMLS are as approved by the MIAMI

Corporate Board of Directors.

11.2 Recurring SEFMLS fees, dues, and charges are based upon the total number of

real estate brokers, sales licensees, and licensed or certified real estate appraisers affiliated with

or employed by a Participant or Subscriber.

11.3 MIAMI provides Participants the option of a no-cost waiver of SEFMLS fees, dues,

and charges for any real estate licensee or licensed or certified appraiser who can demonstrate

subscription to a different MLS or Commercial Information Exchange (“CIE”) where the principal

Broker participates. However, Participants must sign a certification for nonuse of the SEFMLS

services by their licensees, which may include penalties and termination of the waiver if violated.

11.4 All SEFMLS fees, dues, and charges, including, but not limited to, initial

participation fees, recurring participation fees, listing origination fees, subscription fees, etc., may

be assessed to SEFMLS Participants or to individual users or Subscribers. This does not

preclude an SEFMLS Participant from being reimbursed by their affiliated Subscribers for fees

or charges incurred on their behalf pursuant to any in-house agreement that may exist. If direct

billing of subscribers is utilized, the ultimate responsibility for delinquent dues, fees, and charges

is that of the Participant.

12. JURISDICTION OF SEFMLS

The service area of SEFMLS, which is owned and operated by MIAMI, is not limited to

the jurisdiction of the parent association of REALTORS®. NAR encourages SEFMLS, MIAMI,

and other associations to establish multiple listing services that encompass natural market areas

and to periodically reexamine such boundaries to ensure that they encompass the relevant market

area. While associations are encouraged to work cooperatively to establish market area multiple

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listing services, the absence of such an agreement shall not preclude any association from

establishing and maintaining a multiple listing service whose service area exceeds that of the

parent association(s) jurisdiction. Multiple listing services may not require other offices of a firm to

participate in said multiple listing service if any office of that firm participates in that multiple listing

service. However, exclusively listed properties within the Geographic Market Area are required

to be entered into the SEFMLS, while others may be entered at the Participant’s or Other

Subscriber’s discretion based at their customer’s instruction and subject to these MLS Rules.

13. COMPENSATION, IF ANY, IS NOT COMMUNICATED USING THE SEFMLS

13.1 A Broker’s compensation and fees for services are not set by law and are fully

negotiable.

13.2 SEFMLS shall not fix, control, recommend, suggest, or maintain commission rates,

compensation, or fees, if any, for services to be rendered by Participants and/or Subscribers.

Further, the SEFMLS shall not fix, control, recommend, suggest, or maintain the division of

commissions, compensation, or fees, if any, between cooperating Participants or Subscribers or

between Participants or Subscribers and non-participants.

13.3 A Broker’s compensation for services rendered to an Owner or for services

rendered to a buyer, if any, is solely a matter of negotiation between the Broker and their

customer and is not fixed, controlled, recommended, or maintained by any persons not a party

to the agreement between the Broker and the Owner or buyer.

13.4 The compensation paid by a listing Broker to a cooperating Broker, if any, in

respect to any listing is established by the listing Broker and is not fixed, controlled,

recommended, or maintained by any persons other than the listing Broker.

13.5 At the time of filing a listing, Participants and Subscribers may not enter any

information in the SEFMLS or in any website or app with data supplied by the SEFMLS (other

than their own website for their own listings) any offer to pay a licensee representing a Broker.

However, Participants and Subscribers may enter into the SEFMLS whether their client, who is

an Owner, is willing to consider requests from a buyer to pay their Broker an amount the buyer

has agreed their Broker may earn.

13.6 Participants, Subscribers, and/or their customers or clients (Owners), may not

make offers of compensation to buyer Brokers and other buyer representatives in the SEFMLS.

Use of SEFMLS data or data feeds to directly or indirectly establish or maintain a platform to

make offers of compensation from multiple brokers to buyer brokers or other buyer

representatives is prohibited and must result in the SEFMLS terminating that Participant or

Subscriber’s access to any SEFMLS data and data feeds. The disclosure in the SEFMLS or any

system using an SEFMLS data feed, in any way, of the total compensation, which includes but

is not limited to commission, if any, negotiated between the Owner and the listing Broker, or total

Broker compensation (e.g. combined compensation to both listing Brokers and buyer Brokers)

is prohibited.

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14. LOGOS AND SERVICE MARKS

14.1 NATURE OF THE STANDARD MULTIPLE LISTING SERVICE MARK

NAR has approved a standard multiple listing service logo (the “Logo”) for use by

authorized chartered associations of REALTORS®, members of such associations, and multiple

listing services solely owned by such association(s) pursuant to the terms set forth herein, and

as further described in the Membership Marks Manual. Downloadable files and additional

information about the Logo may be found on nar.realtor.

14.2 SPECIAL NOTES CONCERNING THE STANDARD MULTIPLE LISTING

SERVICE LOGO AND THE NAR TRADEMARKS

NAR does not permit any variation of the Logo design. Further, NAR will not review and

does not authorize any multiple listing service insignia to be used with the Logo other than the

multiple listing service’s own logo. NAR trademarks may not, in any instance, be used in

connection with any multiple listing service not owned and/or controlled solely by an

association(s) of REALTORS®.

14.3 USE OF THE STANDARD MULTIPLE LISTING SERVICE LOGO BY NON-

MEMBER PARTICIPANTS AND SUBSCRIBERS

The Logo may not be used by non-association members of a multiple listing service. Such

use would be a misrepresentation and would violate the registration rights in the REALTOR®

trademarks of NAR, the lawful owner of said collective marks. Where such non-association

member advertises that they are a member of the multiple listing service of an association of

REALTORS®, the multiple listing service may properly require that such Participant or

Subscriber of the service include in such advertisement that they are not a member of the

association of REALTORS®.

15. PARTICIPANT AND SUBSCRIBER USE OF THE SEFMLS

15.1 LISTING PROCEDURES

Once a Participant or Subscriber voluntarily joins the SEFMLS, all residential listings (up

to and including 4 units) taken within the Geographic Market Area must be placed in the SEFMLS

unless the Owner indicated in writing that they do not want their property published and

distributed to the other Participants and Subscribers and said written notice is filed with SEFMLS.

Participants and Subscribers may place commercial and/or industrial properties voluntarily in the

SEFMLS.

15.1.1 Permitted listing agreements

All Exclusive Agency Listing Agreements, Exclusive Right of Sale Listing Agreements,

and Exclusive with Exceptions listing agreements in the Geographic Market Area that are taken

by Participants or Subscribers on a listing form acceptable to the SEFMLS shall be filed with the

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SEFMLS within 2 business days after all necessary signatures and written authorizations of the

Owner have been obtained. The listing agreement must include the Owner’s (or Owners’) written

authorization to submit the agreement to the SEFMLS if requested or audited. SEFMLS shall

not require Participants to enter into listing agreements using a form other than the form a

Participant individually chooses to use. SEFMLS refuse to accept any listing which fails to

adequately protect the interests of the public, other Participants, and/or Other Subscribers, and

shall not accept any listing which establishes a contractual relationship between SEFMLS or

MIAMI and a Participant’s client or customer.

15.1.2 Listing agreements not permitted

SEFMLS does not accept other forms of agreements; and, therefore a non-exclusive

listing (e.g., an “open listing,” which is a contractual agreement under which the listing Broker

acts as the agent or as the legally recognized non-agency representative of the Owner(s), and

the Owner(s) agrees to pay a commissions to the listing Broker only if the property is sold through

the efforts of the listing Broker) is not permitted to be entered into the SEFMLS and may be

marketed as the Owner has instructed outside of the SEFMLS. SEFMLS does not accept net

listings because: they are deemed unethical; are illegal in most states; and, are ripe for conflicts

of interest. Open listings are not accepted, except where required by law.

15.1.3 Auctions

SEFMLS accepts exclusively listed property that is subject to the following auction types:

Absolute (highest bidder); Minimum Bid (non-disclosed reserve); and, Non-Disclosed Reserve

(subject to Owner approval). The MIAMI Auction Listing Information Form must be included in

the SEFMLS as an attachment. The listing agreement must include the Owner’s (or Owners’)

written authorization to submit the agreement to the SEFMLS if requested or audited.

15.1.4 Submissions required to the SEFMLS (property types)

RE1: Single Family (includes manufactured homes when sold with the land)

RE2: Townhomes and Condominiums

RNT: Residential Rental

RIN: Residential Income (RIN)

RLD: Residential Land/Docks

15.1.5 Submissions NOT required to the SEFMLS (property types)

COM: Commercial/Industrial – includes Commercial For Sale or For Lease

CLD: Commercial Land

BUS: Business Opportunity

15.1.6 Items NOT allowed in the SEFMLS

The following list, which is not exhaustive, may not be published through the SEFMLS:

parking spaces; storage units; furniture; cars; construction equipment; boats; yachts; airplanes;

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cabanas (without folio number); docks (without a folio number); mobile homes (without land);

timeshares (not real property); rooms for rent.

15.1.7 Disclosing potential short sales

Participants and Subscribers must disclose potential short sales (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 Owner does not bring sufficient liquid assets to the closing to cure all

deficiencies) when known by the listing Participants, Subscribers, or their respective authorized

representatives.

15.1.8 Listings prohibited in countries where sanctions are in place

The U.S. Department of the Treasury has sanctions in place against the following

countries (unless specifically authorized by Office of Foreign Assets Control (“OFAC”) pursuant

to 31 C.F.R. 501.801): Belarus; Central African Republic Sanctions; Cuba; Iran; Libya; North

Korea; Somalia; Sudan and Darfur; and, Syria. Listings in the SEFMLS in countries where the

U.S. Department of the Treasury has issued sanctions are not permitted. This list is current as

of the date the MLS Rules were most recently adopted and list is subject to change, with or

without prior notice, by the U.S. Department of the Treasury.

15.1.9 Property addresses

At the time of filing a listing, Participants and Subscribers must include a property address

available to other Participants and Subscribers; and, if an address does not exist, then a parcel

identification number can be used. Where an address or parcel identification number are

unavailable, the information filed with the SEFMLS must include a legal description of the

property sufficient to describe its location.

15.1.10 Seller-to-buyer incentives

“Seller-to-buyer incentives” (or sometimes referred to as “seller concessions”) operate as

seller concessions and refer to contributions made by the Owner to reduce the buyer's or

lessee’s upfront costs associated with the transaction. Seller-to-buyer incentives are not required

and are fully negotiable. The amount and kind of incentives Owners, buyers, lessees, and their

Brokers decide to incorporate into their transactions are all unilateral and independent business

decisions. The optional input fields in the SEFMLS for seller-to-buyer incentives are: (1) seller-

to-buyer incentives (Y/N); and, (2) seller will consider seller-to-buyer incentives included in offer

to purchase (Y/N). Seller-to-buyer incentives and/or concessions are not synonymous with

compensation or commission; and, as such, Participants’ and Other Subscribers’ misuse of the

SEFMLS fields will be subject to sanctions, fines, and/or discipline.

15.1.11 Detail on listings filed with SEFMLS

A listing agreement or Data Input Form, when filed with the SEFMLS by the listing Broker,

shall be complete in every detail which is ascertainable as specified on the Data Input Form

(includes but not limited to Owner’s signature, address, folio number of the property, etc.). A

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property address may be withheld if the listing Broker submits, within 2 business days of input,

a signed Exclusive Agency Listing Agreement, Exclusive Right of Sale Listing Agreement, or

Exclusive with Exceptions listing agreement that includes the Owner's written request to withhold

the address from the SEFMLS. All forms are available at www.miamirealtors.com/mls.

15.1.12 Photographs

SEFMLS requires submission of at least one photograph of the front street view of the

property or other graphic representation that accurately depicts listed property except where the

Owner expressly directs, in writing, that photographs of their property not appear in SEFMLS for

their current listing (not previous listings). All photographs must be taken under the direction and

control of the listing Broker and copies of any photograph or image of the listed property without

prior written approval of the Owner or any other third-party of the image or photograph are

prohibited. Copyright protected photographs, other copyright protected content, or photographs

containing watermarks, logos or text cannot be entered into the SEFMLS under any

circumstances. Copying photographs from other Brokers’ previous listings is prohibited without

the appropriate written license or rights to do so.

15.1.13 Office exclusives (exempt listings)

If the Owner is informed about the potential impacts on their sale, lease, or other

transaction and instructs the Broker in writing not to permit the listing to be disseminated by

SEFMLS to other Participants and Subscribers, then the Participant or Other Subscriber may

take the listing, and such listing must be filed with the SEFMLS but not disseminated to other

Participants or Subscribers. Filing of the listing must be accompanied by certification signed by

the Owner that they do not desire the listing to be disseminated by the service. For office

exclusives, the Participant or Subscriber must obtain and submit to SEFMLS within 2 business

days of an executed listing agreement an “Office Exclusive/Exempt to MIAMI MLS Multiple

Listing Service” form that is signed by the Owner. In response to an address-specific inquiry

from a Participant or Subscriber, SEFMLS will disclose whether or not a listing for a property

with that address has been filed as an office exclusive with SEFMLS; but, will not disclose any

information about the listed property or the listing Participant or Subscriber.

15.1.14 Withdrawal of listing prior to expiration

A listing may be withdrawn from the SEFMLS by the listing Broker before the expiration

date of the listing agreement, provided written notice is filed with the SEFMLS, including a copy

of the agreement between the Owner and listing Broker which authorizes the withdrawal.

Owners do not have the unilateral right to require the SEFMLS to withdraw a listing without the

Broker’s concurrence. However, when an Owner can document that their exclusive relationship

with the listing Broker has been terminated, the SEFMLS may remove the listing at the request

of the Owner.

15.1.15 Contingencies applicable to listings

Any contingency or conditions of any term in a listing shall be specified and noticed to the

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Participants and Subscribers in the “Remarks” or “Broker Remarks.” Contingencies are not

synonymous with compensation or commission; and, as such, Participants’ and Other

Subscribers’ misuse of the SEFMLS fields will be subject to sanctions, fines, and/or discipline.

15.1.16 Listed price must be specified

The full gross listing price stated in the listing agreement will be included in the information

published by SEFMLS and in SEFMLS compilations of current listings, unless the property is

subject to auction and no listed price is specified in the listing agreement. Prices must be in U.S.

dollars and rounded up to the nearest whole dollar. Properties subject to auction shall display a

listing price representative of the minimum bid, market value or assessed value, to be

determined by auction type.

15.1.17 Price change information

SEFMLS is not required to track or report price change information other than the most

recent increase or decrease in the price of current listings. If such information (either with respect

to a current listing or to prior listings of that property) is tracked by SEFMLS and made available

to Participants and Subscribers, neither it nor any information from which it may be determined

shall be classified as confidential nor may Participants or Subscribers be prohibited from making

such information available to clients and customers pursuant to the same MLS Rules and

Governing Documents governing dissemination of other non-confidential data fields.

Classification as non-confidential permits inclusion of such information in advertisements,

including IDX display, of other Participants’ or Subscribers’ listings as a matter of SEFMLS and

MIAMI’s sole and absolute discretion.

15.1.18 Days/time on market information

SEFMLS is not required to track or report days/time on market information (i.e., the length

of time a property has been listed for sale pursuant to a current listing agreement or prior listing

agreements, whether with the same or different listing brokers or firms). If such information is

tracked by SEFMLS and made available to Participants and Subscribers, neither it nor any

information from which it may be determined (such as the current list date, or prior list and

expiration dates) shall be classified as confidential, nor may Participants or Subscribers be

prohibited from making such information available to clients or customers pursuant to the same

MLS Rules and Governing Documents governing dissemination of other non-confidential data

fields. Classification as non-confidential permits inclusion of such information in advertisements,

including IDX display, of other participants’ listings as a matter of SEFMLS and MIAMI’s sole

and absolute discretion.

15.1.19 Disclosure if property is a foreclosure, bank-owned, or real

estate owned (“REO”)

SEFMLS requires Participants and Subscribers to disclose if a listed property is a

foreclosure, bank-owned, or real estate owned (“REO”).

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15.1.20 Listing multiple unit properties

All properties which are to be sold or which may be sold separately must be indicated

individually in the Data Input Form and Listing Content. When part of a listed property has been

sold, proper written notification must be given to the SEFMLS.

15.1.21 Expiration, extension, and renewal of listings

Any listing submitted to SEFMLS automatically expires on the date specified in the listing

agreement unless renewed by the listing Participant or Subscriber and notice of renewal or

extension is submitted to SEFMLS prior to expiration. If notice of renewal or extension is dated

after the expiration date of the original listing, then a new listing must be secured for the listing

to be submitted to SEFMLS. It will then be published as a new listing. Any extension or renewal

of a listing must be signed by the Owner and be submitted to SEFMLS.

15.1.22 Termination dates

All listings filed with SEFMLS shall include the definite and final termination date as

negotiated between the Participant and the Owner(s).

15.1.23 Listings of suspended Participants or Subscribers

When a Participant or Subscriber of the SEFMLS is suspended from SEFMLS or MIAMI

for failing to abide by a membership duty (including, but not limited to, maintaining an active real

estate license, violation of the NAR Code of Ethics, Bylaws, MLS Rules, MIAMI Membership

Agreement, MIAMI MLS Membership Agreement for Participation in MIAMI’s Multiple Listing

Service by a Non-Member Broker, MIAMI Member Code of Conduct, Governing Documents, or

other membership obligation except failure to pay appropriate fees, or charges), all listings

currently filed with the SEFMLS by the suspended Participant or Subscriber shall, at the

Participant’s or Subscriber’s option, be retained in the SEFMLS until sold, withdrawn, or expired,

and shall not be renewed or extended by the SEFMLS beyond the termination date of the listing

agreement in effect when the suspension became effective. If a Participant or Subscriber has

been suspended from MIAMI or SEFMLS (or both) for failure to pay appropriate dues, fees, or

charges, MIAMI is not obligated to provide SEFMLS services, including continued inclusion of

the suspended Participant’s or Subscriber’s listings in the SEFMLS compilation of current listing

information. Prior to any removal of a suspended Participant’s or Subscriber’s listing(s) from the

SEFMLS, the suspended Participant or Subscriber should be advised in writing, when possible,

of the intended removal so that the suspended Participant or Subscriber may advise their clients

and/or customers.

15.1.24 Listings of expelled Participants or Subscribers

When a Participant or Subscriber of the SEFMLS is expelled from the SEFMLS for failing

to abide by a membership duty (including, but not limited to, maintaining an active real estate

license, violation of the NAR Code of Ethics, Bylaws, MLS Rules, MIAMI Membership

Agreement, MIAMI MLS Membership Agreement for Participation in MIAMI’s Multiple Listing

Service by a Non-Member Broker, MIAMI Member Code of Conduct, Governing Documents, or

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other membership obligation except failure to pay appropriate fees, or charges), all listings

currently filed with the SEFMLS shall, at the expelled Participant’s or Subscriber’s option, be

retained in the SEFMLS until sold, withdrawn, or expired, and shall not be renewed or extended

by the SEFMLS beyond the termination date of the listing agreement in effect when the expulsion

became effective. If a Participant or Subscriber has been expelled from MIAMI or SEFMLS (or

both) for failure to pay appropriate dues, fees, or charges, MIAMI is not obligated to provide

SEFMLS services, including continued inclusion of the expelled Participant’s or Subscriber’s

listings in the SEFMLS compilation of current listing information. Prior to any removal of an

expelled Participant’s or Subscriber’s listings from the SEFMLS, the expelled Participant or

Subscriber should be advised in writing, when possible, of the intended removal so that the

expelled Participant or Subscriber may advise their clients and/or customers.

15.1.25 Listings of resigned Participants or Subscribers

When a Participant or Subscriber resigns from the SEFMLS, the SEFMLS is not obligated

to provide services, including continued inclusion of the resigned Participant’s or Subscriber’s

listings in the SEFMLS compilation of current listing information. Prior to any removal of a

resigned Participant’s pr Subscriber’s listings from the SEFMLS, the resigned Participant or

Subscriber should be advised in writing, when possible, of the intended removal so that the

Participant or Subscriber may advise their clients and/or customers.

15.1.26 Listing input procedures

Participants’ and Subscribers’ respective offices shall directly input listings and changes

into the SEFMLS without submitting supporting documentation to the SEFMLS or MIAMI. It shall

be the responsibility of the listing Broker to appropriately document and retain their files, as a

good business practice and as required by Florida law. Upon request of the SEFMLS,

Participants and Subscribers shall produce documentation of the listing agreement or any

changes thereto, within 2 business days of said request from the SEFMLS. Failure to do so may

result in fines.

15.2 SELLING PROCEDURES

15.2.1 Showings and negotiations

As established in Official Interpretation No. 10 of NAR’s Bylaws, rules giving cooperating

Brokers the right to negotiate directly with an exclusively-represented Owner are an inequitable

limitation on REALTORS®. Appointments for showings and negotiations with Owners for the

purchase or lease of listed property or a business transaction published in SEFMLS compilations

shall be conducted through the listing Broker, except: (1) where the listing Broker gives the

cooperating Broker specific authority to show and/or negotiate directly; or, (2) after reasonable

efforts defined as documented attempt to contact agent, the manager and Broker by telephone,

fax, text, and email), a cooperating Broker cannot contact the listing Broker or the listing Broker’s

representative. However, listing Brokers, at their discretion, may preclude any direct contact or

negotiations by cooperating Brokers.

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15.2.2 Presentation of offers

Listing brokers must make arrangements for prompt presentation of offers; and, where

offers cannot be presented promptly, listing Brokers must explain to cooperating Brokers why

offers they procured could not be presented.

15.2.3 Submission of offers

The listing Broker must submit to the Owner all written offers until closing unless

precluded by law, government rule, regulation, or unless agreed otherwise in writing between

the Owner and the listing Broker. If such written agreement is in place and listing Broker refuses

to present an offer, a copy of the written agreement must accompany the offer not being

submitted to the Owner or a rejected offer. Except where a subsequent offer is contingent upon

the termination of an existing contract, the listing Broker shall recommend that the Owner obtain

the advice of legal counsel prior to acceptance of the subsequent offer. The written offer may,

but is not required to, include a request that the Owner (seller) pay the buyer’s Broker an amount

up to the amount the buyer has agreed the buyer’s Broker may earn.

15.2.4 Rights of cooperating Brokers in presentation of offers

Cooperating Participants, Subscribers, or their respective representatives have the right

to participate in the presentation of any offer they secure to purchase or lease to the Owner.

They do not have the right to be present at any discussion or evaluation of the offer by the Owner

and the listing Broker. However, if an Owner gives written instructions to a listing Broker that

cooperating Brokers may not be present when offers they procure are presented, cooperating

Brokers have the right to a copy of those instructions. This policy is not intended to affect listing

Brokers’ right to control the establishment of appointments for presentation of offers. Where the

cooperating Broker is not present during the presentation of the offer, the cooperating Broker

can request in writing, and the listing Broker must provide as soon as practical, written affirmation

stating that the offer has been submitted to the Owner, or written notification that the Owner has

waived the obligation to have the offer presented. The “Request for Affirmation of Presentation

of Offer Form” can be found at www.miamirealtors.com/mls.

15.2.5 Rights of listing Brokers in presentation of counteroffers

Listing Brokers or their authorized representatives have the right to participate in the

presentation of any counteroffer made by an Owner. They do not have the right to be present at

any discussion or evaluation of a counteroffer by the purchaser or lessee (except where the

cooperating Broker is a sub-agent). However, if a purchaser or lessee gives written instructions

to the cooperating Broker that the listing Broker may not be present when a counteroffer is

presented, the listing Broker has a right to a copy of those instructions.

15.2.6 Reporting sales to SEFMLS

Status changes, including but not limited to final closing of sales, sale prices, leases, and

rental amounts, shall be reported to the SEFMLS by the listing Broker within 2 business days in

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accordance with these MLS Rules. If negotiations were carried on directly between a

cooperating Broker and the Owner, the cooperating Broker shall report the accepted offer and

price to the listing Broker, and the listing Broker shall report that information to the SEFMLS.

Listing agreements should also include provisions expressly granting the listing Broker the right

to authorize dissemination of sales price information by the SEFMLS to its Participants and

Subscribers. However, Florida, the sale price of a listed property is public record; as such, the

reporting of the sale price is required by SEFMLS. The seller-to-buyer incentives, if any, must

also be entered in the SEFMLS.

15.2.7 Factual data submitted by Appraisers

SEFMLS encourages Appraiser Subscribers to contribute factual data related to

properties sold and closed which are not otherwise reported through the SEFMLS when the

submission of such data is not in violation of the appraiser/client relationship.

15.2.8 Reporting resolutions of contingencies

SEFMLS Participants and Subscribers shall report that any contingency on file with the

SEFMLS has been fulfilled or renewed, or the agreement cancelled within 24 hours.

15.2.9 Advertising of listing filed with SEFMLS

A listing shall not be advertised by any Participant or Subscriber other than the listing

Broker without the prior consent of the listing Broker. Broker may opt-in to a required field in the

SEFMLS for the same, which provides the guidelines when it is permissible to advertise. A listing

Broker may agree to advertising with or without attribution or with written listing Broker approval.

15.2.10 Reporting cancellation of pending sale

SEFMLS Participants and Subscribers shall promptly report to SEFMLS that a pending

sale has been cancelled and the listing, if still in effect, will be reinstated in the SEFMLS

compilation.

15.2.11 Disclosing the existence of offers

Listing Brokers, in response to inquiries from buyers, lessees, or cooperating Brokers

shall, with the Owner’s approval, disclose the existence of offers on the listing. Where disclosure

is authorized, the listing Broker shall also disclose, if asked, whether offers were obtained by the

listing Broker, by another licensee in the Broker’s firm, or by a cooperating Broker.

15.2.12 Availability of listed property

Listing Brokers shall not misrepresent the availability of access to show or inspect listed

property.

15.2.13 Refusal to sell or lease

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If the Owner of any listed property filed with the SEFMLS refuses to accept a written offer

satisfying the terms and conditions stated in the listing, such fact shall be transmitted

immediately to the SEFMLS and to all Participants and Subscribers in the “Broker Remarks.”

15.2.14 Participant or Subscriber as Principal

If a Participant, Subscriber, or any licensee affiliated with a Participant or Subscriber has

any ownership interest in a property, the listing of which is to be disseminated through the

SEFMLS, that person must disclose that interest in writing when the listing is filed with the

SEFMLS by selecting “YES” in the “Owner/Agent” field, or as SEFMLS may otherwise designate

in the future, and such information shall be disseminated to all SEFMLS Participants and

Subscribers.

15.2.15 Participant or Subscriber as buyer

If a Participant, Subscriber, or any licensee affiliated with a Participant or Subscriber

wishes to acquire an interest in property listed with another Participant or Subscriber in the

SEFMLS, such contemplated interest must be disclosed, in writing, to the listing Broker not later

than the time an offer to purchase is submitted to the listing Broker.

15.3 TRANSMITTAL OF PARTICIPANTS' AND SUBSCRIBERS’ LISTINGS TO

AGGREGATORS

SEFMLS is not required to transmit Participants’ and Subscribers’ listings to third-party

aggregators or to operate a public website displaying listing information. If SEFMLS transmits

Participants’ and Subscribers’ 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 data

feed (unless an Owner withholds consent for such transmission), except that SEFMLS may

exclude from such data feed any listing where both of the following conditions are present: (1)

the listed property’s street address or a graphic display of the property’s specific location will be

displayed to the public; and, (2) the Owner displays on the property a “for sale by owner” sign or

other sign or notice indicating that the Owner is soliciting direct contact from buyers or lessees.

Moreover, syndications of SEFMLS data may be, but are not required to be, augmented with

property information from other sources to appear on the same search results and in the same

listing-detail display, with the source(s) of the information clearly identified in the search results

and on the listing-details page, in immediate proximity to the information or data.

15.4 USE OF SEFMLS INFORMATION IN ADVERTISING AND OTHER PUBLIC

REPRESENTATIONS

Information from SEFMLS compilations of current listing information, from statistical reports, sold

or comparable reports, and/or from any other informational reports may be used by SEFMLS

Participants and Subscribers, subject to the limitations herein, as the basis for aggregated

demonstrations of market share or for comparisons of firms in public, mass-media advertisings,

and other public representations. Sold or comparable data are treated as services of MIAMI and

not of the SEFMLS. Therefore, sold or comparable data are not made available to SEFMLS

Participants and Subscribers who are not members of MIAMI. Any print or non-print form of

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advertising or other public representation based in whole or in part on information supplied by

SEFMLS must: clearly disclose the source of the information; clearly disclose the period of time

over which such claims are based; and, include the following or substantially similar notice:

“Based on information from the Southeast Florida Multiple Listing Service (SEFMLS) or from

MIAMI Association of REALTORS® for the period (date) through (date).”

15.5 ELECTRONIC DISPLAY OF OTHER PARTICIPANTS’ AND SUBSCRIBERS’

LISTINGS

SEFMLS gives Participants the ability to authorize electronic display of their listings by

other Participants and Subscribers outside the context of the Internet Data Exchange (“IDX”)

policy and rules and the Virtual Office Website (“VOW”) policy and rules. If Participants wish to

authorize the electronic display of their listings through non-IDX and non-VOW channels, they

must give permission to do so via one of the following in the “OK to advertise” pick list in the

SEFMLS: (1) OK to advertise with Broker approval (and in which case, the Broker of Record

shall submit a completed “Broker Permission to Advertise” form to the SEFMLS); (2) OK to

advertise with attribution; (3) OK to advertise without attribution; or, (4) No attribution.

Participants and Subscribers are not required to consent to display or distribution of their listings

through non-IDX and non-VOW channels as a condition of participation in SEFMLS or as a

condition of participation in IDX, except as otherwise provided for in the IDX Rules. Electronic

display and distribution pursuant to this policy contemplates, but is not limited to, Short Message

Services (“SMS”)/texting technologies, and interactive “social media.” All electronic displays

and/or distribution of other Participants’ listings, if approved by Participants, conducted pursuant

to this policy must comply with all federal, state, and local laws, rules, and regulations in addition

to the MLS Rules and Governing Documents.

15.6 DATA ACCURACY

Maintaining accurate Listing Content is a critical necessity for achieving the defined

purpose of the SEFMLS. Participants and Subscribers are required to: submit accurate listing

data; promptly correct any known errors; and, ensure that Listing Content adequately protects

the interests of the public and other Participants and Subscribers. To that end, NAR also

recommends that the information included in any SEFMLS compilation should be limited to

information related to the sale or lease of listed property or to the business transaction which is

objective and capable of being verified by any interested party. SEFMLS information should not

include any subjective impressions or opinions that could be misunderstood, misconstrued, or

otherwise violate federal, state, and local laws, rules, and regulations.

15.7 REAL ESTATE TRANSACTION STANDARDS (“RETS”) AND RESO

STANDARDS

The integrity of data is a foundation to the orderly real estate market. The Real Estate

Transaction Standards (“RETS”) provide a vendor neutral, secure approach to exchanging listing

information between the broker and a multiple listing service. In order to ensure that the goal of

maintaining an orderly marketplace is maintained, and to further establish REALTOR®

information as the trusted data source, SEFMLS has implemented the RESO Standards

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including: the RESO Data Dictionary by January 1, 2016; the RESO Web API by June 30, 2016

and will keep current by implementing new releases of RESO Standards within 1 year from

ratification. Compliance with this requirement can be demonstrated using the Real Estate

Standards Organization (“RESO”) compliance Certification Process. Web API data access

provided to Participants and Subscribers must have no less than the same data available via

data access methods such as RETS or FTP systems, and SEFMLS fields that exist in the RESO

Data Dictionary must be delivered in conformance with the standard.

15.8 PROTECTING INTERESTS OF PUBLIC AND OTHER PARTICIPANTS AND

SUBSCRIBERS

SEFMLS shall refuse to accept any listing which fails to adequately protect the interests

of the public, other Participants, and/or Subscribers, and will not accept any listing which

establishes a contractual relationship between the SEFMLS and a Participant’s or Subscriber’s

customer or client. However, SEFMLS, through its legal counsel may reserve the right to: refuse

to accept a Data Input Form, Listing Content, and/or listing in its entirety which fails to adequately

protect the interests of the public and the participants; and/or, assure that no Data Input Form,

Listing Content, and/or listing filed with SEFMLS establishes, directly or indirectly, any

contractual relationship between SEFMLS and the Participant’s or Subscriber’s client or

customer (e.g., Owner, buyer, seller, lessee, lessor).

15.9 REVISIONS AND STATUS CHANGES

15.9.1 All status changes must be reported to SEFMLS within 2 business days

after the authorized change is received by the listing Broker in writing.

15.9.2 Any change in listed price or other change in the original listing agreement

shall be made only when authorized in writing by the Owner and shall be filed with the SEFMLS

within 2 business days after the authorized change is received by the listing Broker. Any changes

to the original listing agreement affecting the Listing Content in the SEFMLS must be properly

executed in writing.

15.9.3 MIAMI and/or SEFMLS will, in its sole and absolute discretion, change a

listing’s status to its appropriate status, revise it so that the listing data is accurate and

adequately protects the interests of the public and other Participants and Subscribers, or remove

the listing from the SEFMLS, where the Participant or Subscriber has refused or failed to timely

report status changes. Prior to the status change or removal of any listing from the SEFMLS, the

Participant or Subscriber shall be advised of the intended removal so the Participant or

Subscriber can either make the change themselves and/or advise their customer of the same.

15.10 PROHIBITIONS

15.10.1 “For Sale” signs

Only the “For Sale” sign of the listing Broker may be placed on a property.

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15.10.2 “Sold” signs

Prior to closing, only the “Sold” sign of the listing Broker may be placed on a property,

unless the listing Broker authorizes the cooperating (selling) Broker to post such a sign.

15.10.3 Use of the terms MLS and Multiple Listing Service

No SEFMLS Participant, Subscriber, or licensee affiliated with any Participant or

Subscriber 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 the

SEFMLS, that they are a multiple listing service, or that they operate a multiple listing service.

Participants, Subscribers, and licensees affiliated with Participants and Subscribers shall not

represent, suggest, or imply that consumers or others have direct access to SEFMLS databases,

or that consumers or others are able to search SEFMLS databases available only to Participants

and Subscribers. This does not prohibit Participants and Subscribers from representing that any

information they are authorized under SEFMLS rules to provide to clients or customers is

available on their websites or otherwise.

15.10.4 Services advertised as “Free”

SEFMLS Participants and Subscribers must not represent that their brokerage services

to a client or customer are free or available at no cost to their clients or customers, unless the

Participant or Subscriber will receive no financial compensation from any source for those

services.

15.10.5 No filtering of listings

Participants and Subscribers must not filter out or restrict SEFMLS listings that are

communicated to customers or clients based on the existence or level of compensation offered

to the cooperating broker or the name a brokerage or agent.

15.11 REQUIRED CONSUMER DISCLOSURES

15.11.1 Participants and Other Subscribers must disclose to prospective

sellers and buyers that buyer compensation is not set by law and is fully negotiable. This must

be included in conspicuous language as part of any listing agreement, buyer written agreement,

and pre-closing disclosure documents (if any).

15.11.2 Participants and Other Subscribers must conspicuously disclose in

writing to sellers, and obtain the seller’s authority, for any payments or offer or payment that the

listing Participant or seller will make to another broker, agent, or other representative (e.g. a real

estate attorney) acting for buyers. This disclosure must include the amount or rate of any such

payment and be made in writing in advance of any payment or agreement to pay.

15.12 WRITTEN BUYER BROKER AGREEMENTS ARE REQUIRED

15.12.1 Unless inconsistent with state or federal law or regulation, all

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Participants and Subscribers working with a buyer must enter into a written agreement with the

buyer prior to touring or showing a home, whether that is virtually or in-person. The written

agreement must include:

15.12.1.1 A specific and conspicuous disclosure of the amount or rate

of compensation, if any, the Participant or Subscriber will receive or how this amount, if any, will

be determined, to the extent that the Participant will receive compensation from any source;

15.12.1.2 The amount of compensation in a manner that is objectively

ascertainable and not open-ended;

15.12.1.3 A term that prohibits the Participant or Subscriber from

receiving compensation for brokerage services from any source that exceeds the amount or rate

agreed to in the agreement with the buyer; and,

15.12.1.4 A conspicuous statement that broker fees, commission, and

compensation, if any, are not set by law and are fully negotiable.

15.12.2 Buyer broker agreements are not required in leasing transactions or

commercial transactions; however, these MLS Rules do not prevent Participants or Subscribers

from using representation agreements in those transactions.

15.12.3 The written buyer broker agreement must include the buyer’s written

authorization to submit the agreement to the SEFMLS if requested or audited. Upon request of

the SEFMLS, Participants and Subscribers shall produce documentation of the written buyer

broker agreement or any changes thereto, within 2 business days of said request from the

SEFMLS. Failure to do so may result in discipline, sanctions, and/or fines.

16. ORIENTATION

Any applicant for SEFMLS participation and any licensee (including licensed or certified

appraisers) affiliated with an SEFMLS Participant or Subscriber who has access to and use of

SEFMLS-generated information shall complete an orientation program of no more than 8

classroom hours devoted to the MLS Rules and computer training related to SEFMLS

information entry and retrieval and the operation of the SEFMLS within 30 days after access has

been provided. Participants and Subscribers may be required, at the discretion of the SEFMLS,

to complete additional training of not more than 4 classroom hours in any 12-month period when

deemed necessary by the SEFMLS to familiarize Participants and Subscribers with system

changes or enhancements and/or changes to MLS Rules. Participants and Subscribers must be

given the opportunity to complete any mandated orientation and additional training remotely.

17. CUSTOMER SERVICE AND TECH SUPPORT

SEFMLS displays customer service and technical support contact information on the

SEFMLS website.

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18. SEFMLS NOT RESPONSIBLE FOR ACCURACY OF LISTING CONTENT OR DATA

INPUT FORM

The information published and disseminated by the SEFMLS is communicated verbatim,

without change by the SEFMLS, as filed with the SEFMLS by the Participants and Subscribers.

SEFMLS does not verify such information provided and disclaims any responsibility for its

accuracy. Each Participant and Subscriber agrees to hold the SEFMLS and MIAMI harmless

against any liability arising from any inaccuracy or inadequacy of the information such

Participants and Subscribers provide.

19. STATISTICAL REPORTS

As a matter of local determination, MIAMI and the SEFMLS do not: (1) make statistical

reports, sold information, and other informational reports derived from the SEFMLS available to

REALTORS® who do not participate in the SEFMLS but who are engaged in real estate

brokerage, management, appraising, land development, or building; and/or, (2) provide

statistical reports, sold information, and any other informational reports derived from the

SEFMLS to government agencies.

20. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

If a Participant, Subscriber, or a third-party believes that their intellectual property rights

have been violated by MIAMI, SEFMLS, or by a third party who has uploaded content on MIAMI’s

site, they must provide specific information to MIAMI’s designated copyright agent as outlined in

MIAMI’s DMCA Policy. Participants, Subscribers, and/or their respective designees who have

posted material or content into the SEFMLS that is flagged as a possible copyright violation 3 or

more times per calendar year may be considered “repeat offenders” and will be referred to the

Professional Standards Committee and/or the Corporate Board of Directors for a determination

on whether the Participant or Subscriber has violated the MLS Rules and any other Governing

Documents and for any appropriate sanctions or discipline.

21. OWNERSHIP OF LISTING AND LISTING CONTENT

21.1 The listing Broker owns the listing agreement. Participants and Subscribers are

not required to transfer ownership rights (including intellectual property rights) in their listings to

MIAMI and SEFMLS to obtain or maintain participatory rights. Prior to submitting a listing to the

SEFMLS, the Participant or Other Subscriber represents to MIAMI and SEFMLS that they own

or otherwise have the authority to license all of the information, content, and data, regardless of

the format, on the Data Input Form, the Listing Content, and the listing to be published in the

SEFMLS compilation of listing information.

21.2 Participants and Subscribers cannot be required to transfer any rights (including

intellectual property rights) in their Listings or Listing Content to SEFMLS or MIAMI to obtain or

maintain participatory rights except that SEFMLS or MIAMI may require Participants and

Subscribers to grant the licenses necessary for storage, reproduction, compiling, and distribution

of listings, listing information, and Licensed Content to the extent necessary to fulfill the defined

purposes of SEFMLS. SEFMLS also requires Participants and Subscribers to warrant that they

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have the rights in submitted information necessary to grant these rights to SEFMLS.

22. OWNERSHIP OF SEFMLS COMPILATION AND COPYRIGHT

22.1 LICENSE OF LISTING CONTENT TO MIAMI AND SEFMLS

Participants and Subscribers agree, by using the SEFMLS services and by submitting

listing information the SEFMLS, to grant MIAMI an irrevocable, unrestricted, transferable,

perpetual, royalty-free, non-exclusive, sublicensable, worldwide license to use, store, reproduce,

compile, display, integrate, create derivative works of, and distribute the Listing Content, in whole

or in part, and all other items submitted as part of its compilation. This includes, but is not limited

to including the Listing Content in: SEFMLS’ copyrighted compilation; statistical reports; sold

information; informational reports; other reports; and/or, third-party products and services.

Use of listings, listing information, and/or Listing Content by MIAMI and/or SEFMLS for

purposes other than the defined purposes of SEFMLS requires Participants’ and Subscribers’

consent. Such consent cannot be required as a condition of obtaining or maintaining SEFMLS

participatory rights. SEFMLS presumes such consent provided that listing Brokers are given: (1)

adequate prior notice of any intended use unrelated to the defined purpose of SEFMLS; and, (2)

the opportunity to affirmatively withhold consent for that other use.

22.2 PARTICIPANTS’ AND SUBSCRIBERS’ REPRESENTATIONS AND

WARRANTIES TO SEFMLS AND MIAMI REGARDING THE LISTING CONTENT

AND LICENSE FOR THE SAME

22.2.1 Participants and Subscribers warrant and represent that they have the

rights in submitted Listing Content necessary to grant these rights to MIAMI and SEFMLS and

will be required to provide proof of the same if requested by MIAMI or SEFMLS.

22.2.2 Participants and Subscribers warrant and represent that the Listing Content

complies with all applicable federal, state, and local laws, rules, and regulations in the

performance of their respective duties under these MLS Rules and the Governing Documents.

This includes but is not limited to copyright laws, the Fair Housing Act, the Florida Fair Housing

Act, and the Americans with Disabilities Act.

22.2.3 Participants and Subscribers warrant and represent that the license

provided to MIAMI, SEFMLS, and other Participants and Subscribers (where applicable) in these

MLS Rules will not infringe the copyright, patent, trademark, trade secret, or other proprietary or

contract right of any third party.

22.2.4 Participants and Subscribers warrant and represent that the Listing Content

will not contain any malicious computer instructions, including without limitation any virus, trojan

horse, worm, trapdoor, ransomware, or other malicious code, the purpose of which is to disrupt

or interfere with the use or operation of any software or hardware utilized by MIAMI or SEFMLS.

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22.3 RIGHT, TITLE, AND INTEREST IN THE SEFMLS COMPILATION

All right, title, and interest in each copy of every SEFMLS compilation created and

copyrighted by MIAMI, in whole or in part, and in the copyrights therein, shall at all times remain

vested in MIAMI.

22.4 DISPLAY

22.4.1 Each Participant shall be entitled to license from MIAMI 1 electronic copy of

the SEFMLS compilation sufficient to provide the Participant and each Subscriber affiliated with

such participant with 1 copy of such compilation. This is accomplished through an IDX feed.

MIAMI and SEFMLS reserve the right to set fees and costs for the same; however, this section

should not be construed to require the Participant to lease a copy of the SEFMLS compilation

for any licensee (or licensed or certified appraiser) affiliated with the Participant who is engaged

exclusively in a specialty of the real estate business other than listing, selling, or appraising the

types of properties which are required to be filed with the SEFMLS and who does not, at any

time, have access to or use of the SEFMLS information or SEFMLS facility of MIAMI. Should

Participants license the SEFMLS compilation, they only have the right to do so in accordance

with these MLS Rules, Governing Documents, and any other agreement with MIAMI governing

the same.

22.4.2 Caravans. Any facility offered by the multiple listing service for the physical

viewing of properties listed and filed with the multiple listing service, including multiple listing

service caravans and multiple listing service open houses, must be made available to all

Participants and Subscribers in the multiple listing service. Nothing herein shall require an Owner

to use any particular facility for the viewing of his/her/their property, including but not limited to

caravans and open houses.

22.5 REPRODUCTION

Participants, Subscribers, or their respective affiliated licensees shall not reproduce any

SEFMLS compilation or any portion thereof, except in the following limited circumstances:

22.5.1 Participants, Subscribers, or their respective affiliated licensees may

reproduce from the SEFMLS compilation and distribute to prospective purchasers or lessees a

reasonable number of single copies of property listing data contained in the SEFMLS compilation

which relate to any properties in which the prospective purchasers or lessees are or may, in the

judgment of the Participants, Subscribers, or their respective affiliated licensees, be interested.

It is intended that the Participant or Subscriber be permitted to provide prospective purchasers

or lessees with listing data relating to listings which the prospective purchaser or lessee has a

bona fide interest in purchasing or leasing or in which the Participant or Subscriber is seeking to

promote interest. The term “reasonable,” as used herein, should therefore be construed to permit

only limited reproduction of property listing data intended to facilitate the prospective purchaser’s

or lessee’s decision-making process in the consideration of a purchase or lease. Factors which

shall be considered in deciding whether the reproductions made are consistent with this intent

and thus reasonable in number, shall include, but are not limited to: the total number of listings

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in the SEFMLS compilation; how closely the types of properties contained in such listings accord

with the prospective buyer or lessee’s expressed desires and ability to purchase; whether the

reproductions were made on a selective basis; and, whether the type of properties contained in

the property listing data is consistent with a normal itinerary of properties which would be shown

to the prospective purchaser or lessee.

22.5.2 Nothing contained herein shall be construed to preclude any Participant or

Subscriber from utilizing, displaying, distributing, or reproducing property listing sheets, Data

Input Forms, or other compilations of data pertaining exclusively to properties currently listed for

sale or lease with the Participant or Subscriber.

22.5.3 Any SEFMLS information, whether provided in written or printed form,

provided electronically, or provided in any other form or format, is provided for the exclusive use

of the Participant or Subscriber and those licensees affiliated with the participant who are

authorized to have access to such information. Such information may not be transmitted,

retransmitted, or provided in any manner to any unauthorized individual, office, or firm.

22.5.4 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 SEFMLS Listing Content in data feeds available to

participants for real estate brokerage purposes must also be available to Participants for

valuation purposes, including automated valuations. SEFMLS, in its sole and absolute

discretion, may require the execution of a license agreement and the payment the reasonably

estimated costs incurred by the SEFMLS 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 MLS Rules and

Governing Documents.

23. INDEMNIFICATION AND GENERAL RELEASE OF LIABILITY FOR USE OF SEFMLS

23.1 INDEMNIFICATION OF MIAMI AND SEFMLS. Each Participant and Other

Subscriber who submits Listing Content to the SEFMLS or otherwise utilizes the SEFMLS

agrees to indemnify, defend, and hold harmless MIAMI and SEFMLS and each of their

shareholders, directors, officers, employees, affiliates, subsidiaries, contractors, affiliated

companies, agents, successors, and assigns from and against any third-party claim, demands,

awards, settlement amounts, damages, losses, liabilities, or expenses (including costs and

attorneys’ fees) (collectively, a “Claim”) arising out of or relating to: (1) any Claim that any

trademark, logo, or trade name provided by you to MIAMI or SEFMLS infringes upon or

misappropriates the intellectual property of any third party; (2) any Claim that your “Listing

Content,” as defined herein, infringes upon or misappropriates the intellectual property of any

third-party; (3) any inaccuracy of the submitted Listing Content or any inadequacy of ownership,

license, or title to the submitted Listing Content; (4) the Participant and/or Subscriber’s failure to

comply with applicable laws, rules, regulations, the MLS Rules, or any of MIAMI’s Governing

Documents; (5) a violation of your representations and warranties in these MLS Rules; (6) your

use or misuse of any of MIAMI’s products and services, including but not limited to the SEFMLS.

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MIAMI shall give you prompt written notice of any Claims on the basis of which MIAMI or

SEFMLS intends to seek indemnification; provided, however, failure to so notify will not relieve

you of your obligations hereunder. You shall have the right and authority to control the defense

and settlement negotiations of any claim at your sole expense; provided, however, that (7) MIAMI

and/or SEFMLS may, at its own expense, elect to actively participate in the defense and

settlement of such Claim and any appeal arising therefrom, through its attorneys or otherwise;

and, (8) no settlement of a Claim that involves a remedy other than the payment of money by

you shall be entered into without the written consent of MIAMI and SEFMLS.

23.2 INDEMNIFICATION AND HOLD HARMLESS OF OTHER PARTICIPANTS AND

SUBSCRIBERS. Each Participant or Subscriber who submits Listing Content to the SEFMLS

agrees to defend and hold every other Participant and Subscriber harmless from and against

any liability or claim arising from any inaccuracy of the submitted Listing Content or any

inadequacy of ownership, license, or title to the submitted Listing Content.

23.3 GENERAL RELEASE OF LIABILITY. Participants and Other Subscribers are

voluntarily using and participating in the SEFMLS (collectively, “Activity” or “Activities”). Like all

Activities, Participants and Other Subscribers understand that there are risks associated with

their participation in any such Activities, and that Claims may arise from their own and/or others’

actions, inactions, or negligence. Nonetheless, Participants and Other Subscribers assume all

risks of their participation in these Activities, whether known or unknown to Participants and

Other Subscribers. As such, Participants and Other Subscribers, on behalf of themselves and

their respective heirs, assigns, and next of kin, hereby waive and release, indemnify, hold

harmless, and forever discharge MIAMI and SEFMLS and their shareholders, directors, officers,

employees, affiliates, subsidiaries, contractors, affiliated companies, agents, successors, and

assigns of and from any and all demands, awards, settlement amounts, damages, losses,

liabilities, or expenses (including costs and attorneys’ fees) of every kind and nature, whether

known or unknown, in law or equity (collectively, a “Claim”), that they may ever had or may have,

arising from or in any way related to their participation in these Activities.

24. STANDARDS OF CONDUCT FOR SEFMLS PARTICIPANTS AND SUBSCRIBERS

24.1 SEFMLS Participants and Subscribers shall not engage in any practice or take any

action inconsistent with exclusive representation or exclusive brokerage relationship

agreements that other SEFMLS Participants and Subscribers have with customers and/or

clients.

24.2 Signs giving notice of property for sale, rent, lease, or exchange shall not be placed

on property without consent of the Owner.

24.3 SEFMLS Participants and Subscribers acting as buyer/tenant representatives or

Brokers shall not attempt to extend a listing Broker’s offer of cooperation and/or compensation,

if any, to other Brokers without the consent of the listing Broker.

24.4 SEFMLS Participants and Subscribers shall not solicit a home seller with a listing

currently listed exclusively with another broker to breach their listing agreement. However, if the

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listing Broker, when asked by the SEFMLS Participant or Subscriber, refuses to disclose the

expiration date and nature of such listing, the SEFMLS Participant or Subscriber may contact

the Owner to secure such information and may discuss the terms upon which the SEFMLS

Participant might take a future listing, or alternatively, may take a listing to become effective

upon expiration of any exclusive listing.

24.5 SEFMLS Participants and Subscribers shall not use information obtained from

listing Brokers through offers to cooperate made through the multiple listing services or through

other offers of cooperation to refer listing brokers’ clients to other brokers, or to create

buyer/tenant relationships with listing brokers’ clients/customers, unless such use is authorized

by listing brokers.

24.6 The fact that an agreement has been entered into with an SEFMLS Participant or

Subscriber shall not preclude or inhibit any other SEFMLS Participant or Subscriber from

entering into a similar agreement after the expiration of the prior agreement.

24.7 The fact that a prospect has retained an SEFMLS Participant or Subscriber as an

exclusive representative or exclusive broker in one or more past transactions does not preclude

other SEFMLS Participants or Subscribers from seeking such prospect’s future business.

24.8 SEFMLS Participants and Subscribers are free to enter contractual relationships

or to negotiate with Owners, buyers, lessees, or others who are subject to an exclusive

agreement but shall not knowingly obligate them to pay more than one commission except with

their informed written consent in accordance with these MLS Rules.

24.9 When SEFMLS Participants and Subscribers are contacted by a client or customer

of another SEFMLS Participant or Subscriber regarding the creation of an exclusive relationship

to provide the same type of service, and SEFMLS Participants or Subscribers have not directly

or indirectly initiated such discussions, they may discuss the terms upon which they might enter

into a future agreement or, alternatively, may enter into an agreement which becomes effective

upon expiration of any existing exclusive agreement.

24.10 In cooperative transactions, SEFMLS Participants and Subscribers shall disclose

to their clients or customers all compensation they have or will receive, if any, arising from the

transaction.

24.11 SEFMLS Participants and Subscribers are not precluded from making general

announcements to prospects describing their services and the terms of their availability even

though some recipients may have entered into agency agreements or other exclusive

relationships with another SEFMLS Participant or Subscriber. A general telephone canvass,

billboards, general mailing, or distribution addressed to all prospects in a given geographical

area or in a given profession, business, club or organization, or other classification or group is

deemed “general” for purposes of this rule.

24.12 SEFMLS Participants and Subscribers, prior to entering into a representative

agreement, have an affirmative obligation to make reasonable efforts to determine whether the

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prospect is subject to a current, valid exclusive agreement to provide the same type of real estate

service for the same time period.

24.13 SEFMLS Participants and Subscribers, acting as buyer or tenant representatives

or Brokers, shall disclose that relationship to the Owner’s representative or Broker at first contact

and shall provide written confirmation of that disclosure to the Owner’s representative or Broker

not later than execution of a purchase contract or lease.

24.14 On unlisted property, the SEFMLS Participants or Subscribers acting as

buyer/tenant representatives or Brokers shall disclose that relationship to the Owner at first

contact for that buyer/tenant and shall provide written confirmation of such disclosure to the

Owner not later than execution of any purchase contract or lease agreement.

24.15 SEFMLS Participants or Subscribers, acting as representatives or Brokers of

Owners or as listing Brokers, shall disclose that relationship to buyers/tenants as soon as

practicable, and shall provide written confirmation of such disclosure to buyers/tenants not later

than execution of any purchase contract or lease agreement.

24.16 SEFMLS Participants and Subscribers are not precluded from contacting the client

or customer of another Broker for the purpose of offering to provide, or entering into a contract

to provide, a different type or real estate service unrelated to the type of service currently being

provided (e.g. property management as opposed to brokerage) or from offering the same type

of service for property not subject to other Brokers’ exclusive agreements. However, information

received through the SEFMLS or any other offer of cooperation, if any, may not be used to target

clients of other SEFMLS Participants and Subscribers to whom such offers to provide services

may be made.

24.17 All dealings concerning property exclusively listed or with buyer/tenants who are

subject to an exclusive agreement shall be carried on with the client’s or customer’s

representative or Broker, and not the client or customer, except with the consent of the client’s

or customer’s representative or Broker or except where such dealings are initiated by the client

or customer. Before providing substantive services (such as writing a purchase offer or

presenting a CMA) to prospects, SEFMLS Participants and Subscribers shall ask prospects

whether they are a party to any exclusive representation agreement. SEFMLS Participants and

Subscribers shall not knowingly provide substantive services concerning a prospective

transaction to prospects who are parties to exclusive representation agreements, except with

the consent of the prospects’ exclusive representatives or at the direction of prospects.

24.18 These MLS Rules are not intended to prohibit ethical, albeit aggressive or

innovative business practices, and do not prohibit disagreements with other SEFMLS

Participants involving fees, payments, or expenses.

24.19 SEFMLS Participants and Subscribers shall not knowingly or recklessly make false

or misleading statements about other real estate professionals, their businesses, or their

business practices.

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24.20 SEFMLS Participants and Subscribers shall present a true picture in their

advertising and representations to the public, including Internet content posted and the URLs

and domain names they use, and Participants and Subscribers may not: (1) engage in deceptive

or unauthorized framing of real estate brokerage websites; (2) manipulate (e.g., presenting

content developed by others) listing and other content in any way that produces a deceptive or

misleading result; (3) deceptively use metatags, keywords, or other devices/methods to direct,

drive, or divert internet traffic; (4) present content developed by others without attribution or

without permission; or, (5) otherwise mislead consumers or other Participants and Subscribers.

24.21 The services which SEFMLS Participants and Subscribers provide to their clients

and customers shall conform to the standards of practice and competence which are reasonably

expected in the specific real estate disciplines in which they engage; specifically, residential real

estate brokerage, real property management, commercial and industrial real estate brokerage,

land brokerage, real estate appraisal, real estate counseling, real estate syndication, real estate

auction, and international real estate. SEFMLS Participants and Subscribers shall not undertake

to provide specialized professional services concerning a type of property or service that is

outside their field of competence unless they engage the assistance of one who is competent

on such types of property or service, or unless the facts are fully disclosed to the client or

customer. Any persons engaged to provide such assistance shall be so identified to the client or

customer and their contribution to the assignment should be set forth.

24.22 Multiple listings services are important tools for furthering fair housing because

they facilitate the widespread distribution of accurate property information to all Participants,

Subscribers, and consumers. To that end, SEFMLS has implemented an automated process for

identifying potential violations of federal, state, and local fair housing laws (“fair housing laws”)

in order to advise Participants and Subscribers to remove or correct potential violations. That

process is as follows: automated scans of SEFMLS listings and courtesy notifications of potential

fair housing violations via email to the listing agent; if the listing agent does not remedy the

potential fair housing violations, SEFMLS may, but is not obligated to, remove the potential fair

housing violations from the listing. If SEFMLS removes potential fair housing violations, it will

assess a $50.00 administrative fee; which, if not paid within 30 days, will be posted to the

Broker’s account with MIAMI if an appeal is not received within that time frame (all appeals must

be sent to [email protected], and will only be granted in extenuating circumstances, which are

determined in the SEFMLS’ sole and absolute discretion). While SEFMLS has implemented an

automated process for identifying potential violations of fair housing laws, Subscribers and

Participants understand that it is not perfect and that there may be violations of fair housing laws

that do not get flagged. SEFMLS Participants and Subscribers assume all risk for the content of

their listings, which includes, but is not limited to, lawsuits based on alleged fair housing

violations. SEFMLS assumes no liability for the content of the listings. Subscribers and

Participants are also encouraged to report any suspected violations of fair housing laws in the

SEFMLS by sending an email to [email protected].

25. ARBITRATION OF DISPUTES

By becoming and remaining a Participant, each Participant agrees to arbitrate disputes

involving contractual issues and questions and specific non-contractual issues and questions

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defined in Standard of Practice 17-4 of the Code of Ethics as required by the NAR Code of Ethics

and Arbitration Manual, as most recently adopted by MIAMI, and MIAMI’s other Governing

Documents.

26. SEFMLS RELATIONSHIP WITH INDEPENDENT MULTIPLE LISTING SERVICE(S) IN

THE GEOGRAPHIC MARKET AREA

No association may make or maintain any rule prohibiting a REALTOR® from

participating in an independent multiple listing service. Associations shall take every action

necessary to avoid responsibility and liability for the policies, practices, conduct and activities of

any unaffiliated multiple listing service not owned and operated by it. In this connection the

association shall document by letter to such independent multiple listing service that the

association has no relationship or agreement with the service, no jurisdiction over the service,

and no responsibility for it. This policy statement is not intended to prohibit associations from

entering into cooperative relationships with independent multiple listing services (that limit

participation to appropriately licensed or certified individuals or firms), including reciprocity

agreements, regionalization agreements, and other forms of cooperative venture. Such

agreements may limit coverage under the National Association’s blanket errors and omissions

insurance policy and associations will want to ascertain the extent of insurance coverage, and

the availability of coverage from other sources, prior to entering into such agreements.

27. LOCK BOXES

27.1 LOCK BOX SECURITY REQUIREMENTS

27.1.1 Generally. A lock box is a container affixed to property containing a device

to gain access to the property being marketed by a Participant or Subscriber in the SEFMLS.

Participants or Subscribers in the SEFMLS are authorized under certain conditions to obtain an

electronic key to open these lock boxes under terms specified by the listing Broker. As such,

lock box security requirements are of utmost importance. Cooperating Brokers and sales

licensees, whether functioning as the listing Broker or as agents of potential purchasers or

lessees, must contact the listing Broker to arrange appointments to show listed property even if

the property has a lock box affixed to it, unless the listing Broker has given specific permission

(through information published in the SEFMLS or otherwise) to show the property without first

contacting the listing Broker. Nothing shall prevent the Owner’s right to refuse to have a lock box

on their property.

27.1.2 Types of keys. Any physical or electronic key, programmer, or other device

(hereinafter referred to as key) by which a lock box can be opened, must be non-duplicative.

Being non-duplicative means that it cannot be readily copied in the manner that other types of

keys ordinarily are. A mobile device (such as, a smart phone, tablet, fob, etc.) can transmit a key

to access a lock box using standard protocols, including, Bluetooth, ZigBee, infrared technology,

and others. The applications and software used by mobile devices must contain security controls

to allow only authorized users access to the lock box. As a matter of local discretion, the listing

Broker or agent can issue temporary codes/access to the lock box and property on terms and

conditions agreed to in advance by the Owner. Temporary codes/access must expire within 72

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hours after being issued or must be under the control of the listing Broker or agent. Temporary

codes must be a minimum field size of 5 characters (e.g., XX,XXX).

27.1.3 Security protocols. Keys must be obtained from the original manufacturer,

from a recognized vendor of lock box systems or from any other legitimate source. Prior to

utilizing previously used keys, lids, or boxes, associations and SEFMLS must obtain sufficient

information from the original manufacturer and surrounding associations and multiple listing

services in order to determine whether the key’s pattern, code, or configuration is already in use.

Electronic lock boxes and electronic keys running on mobile devices must incorporate security

protocols to prevent the following types of cyber-attacks: (1) where an unauthorized user can

override or escalate their security credentials; (2) where the communication session between

the electronic lock box and key are recorded and played back later to gain unauthorized access;

(3) forging of electronic credentials that could allow an unauthorized user the ability to

masquerade as an authorized user; (4) digitally signed updates to electronic keys running on

mobile devices or electronic lock box firmware plus a secured update process to prevent

unauthorized software from being introduced into the lock box system; and, (5) transmission(s)

of frequencies to deceive the lock box electronics into opening.

27.2 AVAILABILITY OF LOCK BOX SYSTEM AND KEYS

The lock box system is an activity of an association-owned and operated MLS, so every

SEFMLS Participant and every Subscriber who is affiliated with a Participant and who is legally

eligible for SEFMLS access shall be eligible to hold a key subject to their execution of a lease

agreement with MIAMI and/or SEFMLS. As a matter of local discretion, MIAMI may determine

that key lease agreements executed by non-principal brokers, sales licensees, unlicensed

personal assistants, administrative and clerical staff, and licensed, certified, or those seeking to

be licensed or certified as appraisers, must also be cosigned by the designated REALTOR® or

the office’s Broker of Record. Lease agreements shall spell out the responsibilities of the parties

and shall incorporate by reference any applicable rules or regulations or other governing

provisions that relate to the operation of the lock box system. The lease agreement shall also

provide that keys may not be used under any circumstances by anyone other than the keyholder,

except as provided elsewhere in this statement of policy. MIAMI may, in its discretion, lease keys

to Affiliate members of MIAMI who are actively engaged in a recognized field of real estate

practice or in related fields. In such instances, the lease agreement shall be signed by the

keyholder and by a principal, partner, or corporate officer of the keyholder’s firm.

27.3 COSTS

Individuals may be required to pay lock box costs as part of association dues or as part

of SEFMLS Participation fees pursuant to MLS Policy Statement 7.57, “Categorization of MLS

Services, Information, and Products,” and pursuant to NAR Bylaws Official Interpretation #32.

No one shall be required to lease a key from MIAMI except on a voluntary basis.

27.4 REFUSAL TO SELL OR LEASE BASED ON CRIMINAL HISTORY

27.4.1 MIAMI and/or SEFMLS may refuse to sell or lease lock box keys, may

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terminate existing key lease agreements, and may refuse to activate or reactivate any key held

by an individual who has been convicted of a crime within the past 7 years under the following

circumstances:

27.4.1.1 MIAMI or SEFMLS determines that the conviction(s) relates

to the real estate business or puts clients, customers, other real estate professionals, or property

at risk, for example through dishonest, deceptive, or violent acts; and,

27.4.1.2 MIAMI or SEFMLS gives the individual an opportunity to

provide and MIAMI or SEFMLS must consider mitigating factors related to the individual’s

criminal history, including, but not limited to, factors such as: (1) the individual’s age at the time

of the conviction(s); (2) nature and seriousness of the crime; (3) extent and nature of past

criminal activity; (4) time elapsed since criminal activity was engaged in; (5) rehabilitative efforts

undertaken by the applicant since the conviction(s); (6) facts and circumstances surrounding the

conviction(s); and/or, (7) evidence of current fitness to practice real estate.

27.4.2 MIAMI and SEFMLS shall evaluate individuals uniformly, and avoid making

exceptions for one individual while denying an exception to another individual with a similar

criminal history.

27.4.3 MIAMI or SEFMLS may suspend the right of lock box keyholders to use lock

box keys following their arrest and prior to a final determination on any such charge if, in the

determination of MIAMI or SEFMLS, the charge relates to a crime that relates to the real estate

business or puts clients, customers, other real estate professionals, or property at risk.

27.5 AUDIT REQUIREMENT

MIAMI and SEFMLS shall maintain current records as to all keys issued and in inventory,

including registered users accessing lock boxes through applications and software used by

mobile devices. There shall be an audit, at least annually, of all keys, whether issued or in

inventory. This requirement may be satisfied by a physical inventory or by receipt of a statement

signed by the keyholder and the designated REALTOR®, Broker of Record, or, in the case of

an Affiliate member, by a principal, partner, or corporate officer of the keyholder’s firm, attesting

that the key is currently in possession of the keyholder.

27.6 OWNER AUTHORITY REQUIRED

Lock boxes may not be placed on a property without written authority from the Owner.

This authority may be established in the listing agreement or any other written document.

Inclusion in SEFMLS compilations cannot be required as a condition of placing lock boxes on

listed property.

27.7 REPORTING MISSING KEYS

MIAMI must charge keyholders and their cosignatories with the joint obligation of

immediately reporting lost, stolen, or otherwise unaccountable for keys to MIAMI. Upon receipt

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of notice, MIAMI must take any steps deemed necessary to resecure the system. Key lease

agreements shall contain a liquidated damages provision to offset some or all of the costs in

reestablishing the security of the system if it is determined, in the sole and absolute discretion

of MIAMI, that the security has been compromised through the negligence or fault of the

keyholder.

27.8 RULES AND PROCEDURES GOVERNING LOCK BOX SYSTEMS

MIAMI must adopt written, reasonable, and appropriate rules and procedures for

administration of lock box systems which may include appropriate fines, not to exceed $15,000.

Any issuing fees, recurring fees, or other administrative costs shall be established at the

discretion of MIAMI and set forth in the rules and procedures governing the operation of the lock

box system. All keyholders shall agree, as a condition of the key lease agreement, to be bound

by the rules and procedures governing the operation of the lock box system.

27.9 ISSUING ELECTRONIC PROGRAMMERS OR KEYPADS ON TEMPORARY

BASIS

In the event electronic lock box programmers or keypads are sold or leased, a designated

REALTOR® principal or an office’s Broker of Record may purchase or lease additional

programmers or keypads to be issued on a temporary basis to other keyholders in the same

office in the event their programmer or keypad becomes non-functional outside normal business

hours or under circumstances where a replacement programmer or keypad is not reasonably

available from the issuing association, MIAMI. When a programmer or keypad is issued on a

temporary basis, it shall be the responsibility of the REALTOR® principal or the Broker of Record

to advise MIAMI in writing that the programmer or keypad has been issued, to whom, and the

date and time of issuance within 48 hours. It shall also be the responsibility of the REALTOR®

principal or the Broker of Record to advise MIAMI in writing within 2 business days after

possession of the previously issued programmer or keypad has been reassumed.

27.10 REQUIRING “APPROVED” LOCK BOX SYSTEMS

As a matter of local discretion, MIAMI may require placement of an “approved” lock box

on listed properties if any device giving access to real estate professionals or service providers

is authorized by the Owner and occupant and is placed on the property. The purpose of this

requirement, if adopted by MIAMI, is to ensure cooperating Participants and Subscribers have

timely access to listed properties. Requiring that a lock box or other access device be “approved”

does not limit the devices that satisfy the requirement to lock boxes leased or sold by MIAMI.

MIAMI may require that the devices be submitted in advance for approval, and the access device

may be any lock box or other access device that provides reasonable, timely access to listed

property. MIAMI also may revoke the approval or subject the Participant or Subscriber to

discipline if the device is used in a manner that fails to continue to satisfy this requirement.

27.11 LOCK BOX KEY DEPOSITS

Any funds accepted by MIAMI as deposits for lock box keys shall be retained by MIAMI

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in a separate account so that the funds will be available to be refunded to depositors upon

successful return of the lock box key to MIAMI. The funds deposited are to be retained for this

purpose only and are not to be utilized in any other manner. The separate fund may be an

interest-bearing account with the interest retained by MIAMI unless otherwise required by law.

28. COMPLIANCE WITH MLS RULES

28.1 COMPLIANCE WITH MLS RULES: AUTHORITY TO IMPOSE DISCIPLINE

28.1.1 By becoming and remaining a Participant or Subscriber in the SEFMLS,

each Participant and Subscriber agrees to be subject to the MLS Rules and Governing

Documents. SEFMLS may, through the administrative and hearing procedures established in

these MLS Rules, impose discipline for violations of the MLS Rules and any provisions of the

Governing Documents. Discipline that may be imposed may only consist of one or more of the

following: (1) letter of warning; (2) letter of reprimand; (3) attendance at SEFMLS orientation or

other appropriate courses or seminars which the Participant or Subscriber can reasonably attend

taking into consideration cost, location, and duration; (4) appropriate, reasonable fine not to

exceed $15,000 (the then-current fine schedule is at www.miamirealtors.com/mls); (5)

suspension of SEFMLS rights, privileges and services for not less than 30 days nor more than

1 year; and/or (6) termination of SEFMLS rights, privileges, and services with no right to reapply

for a specified period not to exceed 3 years.

28.1.2 A Participant (or Subscriber, where appropriate) can be placed on

probation. Probation is not a form of discipline. When a Participant (or Subscriber, where

appropriate) is placed on probation the discipline is held in abeyance for a stipulated period of

time not longer than 1 year. Any subsequent finding of a violation of the MLS Rules during the

probationary period may, at the discretion of the Corporate 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.

28.1.3 Participants and Subscribers can receive no more than 3 administrative

sanctions (as outlined above in this Section 28.1.1) from the SEFMLS in a calendar year before

they are required to attend a hearing for their actions and potential violations of MLS Rules,

except that SEFMLS may allow more administrative sanctions for violations of listing information

provided by Participants and Subscribers before requiring a hearing. SEFMLS must send a copy

of all administrative sanctions against a Subscriber to the Subscriber’s Participant and the

Participant is required to attend the hearing of a Subscriber who has received more than 3

administrative sanctions within a calendar year.

28.2 COMPLIANCE WITH MLS RULES: PERMITTED ACTION

28.2.1 The following action may be taken for noncompliance with the MLS Rules:

(1) for failure to pay any service charge or fee within 1 month of the date due; and, provided that

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at least 10 days’ notice has been given, the service shall be suspended until service charges or

fees are paid in full; (2) administrative sanctions as outlined in Section 28.1.1; and, (3) for failure

to comply with any other MLS Rule, the provisions of Section 28.4 shall apply.

28.2.2 Generally, warning, censure, and the imposition of a moderate fine are

sufficient to constitute a deterrent to violation of MLS Rules. Suspension or termination is an

extreme sanction to be used in cases of extreme or repeated violation of the MLS Rules.

Administrative sanctions are clearly specified in this Section 28.

28.3 APPLICABILITY OF MLS RULES TO USERS AND OTHER SUBSCRIBERS

Other Subscribers and others authorized to have access to information published by the

SEFMLS are subject to these MLS Rules and may be disciplined for violations thereof provided

that the user or Subscriber has signed an agreement acknowledging that access to and use of

SEFMLS information is contingent on compliance with the MLS Rules. Further, failure of any

user or Other Subscriber to abide by the MLS 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 Other

Subscribers affiliated with the Participant.

28.4 ENFORCEMENT OF MLS RULES OR DISPUTES

28.4.1 Consideration of alleged violations

The Corporate Board of Directors, or a committee of their designees, shall give

consideration to all written complaints having to do with violations of the MLS Rules. By

becoming and remaining a Participant, each Participant agrees to be subject to these MLS

Rules, the enforcement of which are at the sole discretion of the Corporate Board of Directors,

or a committee of their designees. When requested by a complainant, the SEFMLS will process

a compliant without revealing the complainant’s identity. If a complaint is subsequently

forwarded to a hearing, and the original complainant does not consent to participating in the

process, the SEFMLS will appoint a representative to serve as the complainant.

28.4.2 Violations of MLS Rules

If the alleged offense is a violation of the MLS Rules and does not involve a charge of

alleged unethical conduct or request for arbitration, it may be administratively considered and

determined by the Corporate Board of Directors, or a committee of their designees; and if a

violation is determined, the Corporate Board of Directors, or a committee of their designees, may

direct the imposition of sanction, provided the recipient of such sanction may request a hearing

before the Professional Standards Committee of MIAMI in accordance with the Bylaws and other

Governing Documents of MIAMI within 20 days following receipt of the decision of the Corporate

Board of Directors and/or the committee of their designees.

Alleged violations involving unethical conduct shall be referred to the Professional

Standards Committee for processing in accordance with the NAR Code of Ethics and Arbitration

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Manual, as most recently adopted by MIAMI. If the charge alleges a refusal to arbitrate, such

charge shall be referred directly to the Corporate Board of Directors.

If the alleged offense is a violation of the MLS Rules, and does not involve a charge of

alleged violation(s) of one or more of the provisions of Section 28 or a request for arbitration, it

may be administratively considered and determined by Corporate Board of Directors or a

committee of their designees; and, if a violation is determined, the Corporate Board of Directors

may direct the imposition of sanctions provided that the recipient of such sanction may request

a hearing by the Professional Standards Committee in accordance with the Governing

Documents. Alleged violations of Section 24 shall be referred to the appropriate Grievance

Committee for processing in accordance with MIAMI’s Professional Standards procedures.

28.5 COMPLAINTS OF UNETHICAL CONDUCT

All other complaints of unethical conduct shall be referred by the Corporate Board of

Directors of MIAMI or a committee of their designees for appropriate action in accordance with

the Professional Standards procedures established in the Governing Documents.

28.6 COMPLAINTS OF UNAUTHORIZED USE OF LISTING CONTENT

28.6.1 Any Participant or Subscriber who believes another Participant or

Subscriber has engaged in the unauthorized use or display of Listing Content, including but not

limited to photographs, images, audio or video recordings, and virtual tours, shall send notice of

such alleged unauthorized use to SEFMLS. Such notice shall be in writing, specifically identify

the allegedly unauthorized content, and be delivered to the SEFMLS not more than 60 days after

the alleged misuse was first identified. No Participant or Subscriber may pursue action over the

alleged unauthorized use and display of Listing Content in a court of law without first completing

the notice and response procedures outlined in this Section 28.6 of the MLS Rules.

28.6.2 Upon receiving a notice, the SEFMLS staff, as delegated by the Corporate

Board of Directors, will send the notice to the Participant or Subscriber who is accused of

unauthorized use. Within 10 days from receipt, the Participant or Subscriber must either: (1)

remove the allegedly unauthorized content; or, (2) provide proof to SEFMLS staff that the use is

authorized. Any proof submitted will be considered by the Corporate Board of Directors or a

committee of their designees and a decision of whether it establishes authority to use the listing

content will be made within 30 days.

28.6.3 If the Corporate Board of Directors or a committee of their designees

determines that the use of the content was unauthorized, the Corporate Board of Directors may

issue a sanction pursuant to the MLS Rules, including a request to remove and/or stop the use

of the unauthorized content within 10 days after transmittal of the decision. If the unauthorized

use stems from a violation of the MLS Rules, that too will be considered at the time of

establishing an appropriate sanction.

28.6.4 If after 10 days following transmittal of the Corporate Board of Directors, or

a committee of their designees’ determination the alleged violation remains uncured (i.e. the

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content is not removed or the rules violation remains uncured), then the complaining party may

seek action through a court of law.

28.7 DISCIPLINARY GUIDELINES

28.7.1 Associations of REALTORS® and their multiple listing services have the

responsibility of fostering awareness, understanding, and appreciation for the duties and

responsibilities of SEFMLS Participants and Subscribers, and of receiving and resolving

complaints alleging violations of the MLS Rules. The REALTOR® organization is firmly

committed to vigorous, fair, and uniform enforcement. Enforcement achieves a number of goals.

Where Participants or Subscribers are wrongly or mistakenly charged with violations, the hearing

process provides personal and professional vindication. Where violations are determined,

enforcement process educates Participants and Subscribers about their duties and obligations,

and serves as a meaningful deterrent of future violations.

28.7.2 Allegations of conduct inconsistent with the MLS Rules are often viewed by

respondents as threats to their professional and personal reputations. This can result not only in

their mounting vigorous defenses but also, at times, to threats of legal challenge should a

violation be determined and discipline imposed. Given that SEFMLS participation can have

significant economic value, MIAMI and SEFMLS strictly adheres to their established procedures

when considering potential violations. This caution ensures that the rights of the parties will be

observed, and legal exposure of MIAMI and SEFMLS will be minimized. At the same time, well-

founded caution should not be confused with reservation, reluctance, or hesitancy. Rules

become aspirations at best, and potentially meaningless, if not enforced with vigor and

determination.

28.7.3 Fundamental to fair and consistent enforcement is reasonable and judicious

use of discipline, as both an educational device and as punishment. Associations and their

multiple listing services have a wide variety of sanctions available to them that may be imposed

for violations. These range from simple letters of warning to termination of SEFMLS rights and

privileges. Between these extremes are mandatory attendance at remedial education sessions,

financial penalties, probation, and suspension.

28.7.4 NAR does not recommend specific penalties for certain offenses or for

violations of particular rules. This is in deference to the wisdom and autonomy of the hearing

panel privy to the details of complaints coming before them; in recognition of the fact that no two

complaints are identical; and in view of the facts that the details of each hearing, including the

experience of respondents, their history of prior violations, and mitigating or extenuating

circumstances, may all come into play in determining an appropriate penalty. At the same time,

there are key points to be considered with respect to imposition of discipline.

28.7.4.1 Discipline that can be imposed is strictly limited to those forms

authorized in the NAR Code of Ethics and Arbitration Manual, as most recently adopted by

MIAMI, and to any additional form authorized by NAR’s board of directors.

28.7.4.2 Discipline should be commensurate with the offense.

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Unintentional or inadvertent violations should result in penalties designed to educate

respondents about the conduct expected of them. Only authorized forms of discipline may be

utilized.

28.7.4.3 Discipline should be progressive. The disciplinary emphasis

on violations by new members or by long-standing members with no history of prior violations

should be primarily educational. Repeated or subsequent violations should be addressed with

more serious forms of discipline, including substantial fines, suspension, and termination of

SEFMLS rights and privileges.

28.7.4.4 A gray area can exist with respect to “first time violations” that

are clearly not the result of ignorance or mistake but rather demonstrate flagrant disregard for

the rules. While the educational aspect of enforcement cannot be disregarded, the fact that the

rules exist to protect clients and customers, the public, and to ensure effective, efficient

functioning of SEFMLS, must also be considered in determining commensurate discipline.

28.7.4.5 Mitigating or extenuating circumstances should be considered

in determining appropriate discipline. The fact that a respondent recognizes or acknowledges

inappropriate conduct or took steps to remediate or minimize harm or injury, should be

considered in determining appropriate discipline.

28.7.4.6 Respondent’s records of earlier violations or, conversely, the

fact that they have not violated the rules in the past, can be considered in determining

appropriate discipline. Hearing panels cannot consider past violations in deciding whether the

conduct currently complained of violates the rules.

28.7.5 Crafting appropriate, meaningful discipline can challenge panels that have

concluded the rules have been violated. This discussion is offered as guidance, rather than as

a hard and fast template, to assist panels in meeting their responsibility in ensuring the rules’

viability and vitality through vigorous and evenhanded enforcement.

28.8 PROGRESSIVE DISCIPLINE

28.8.1 Discipline imposed for violation of the rules should be progressive. The

severity of discipline should increase incrementally for subsequent violations. The disciplinary

emphasis where first time violations occur should be primarily educational. Repeated or

subsequent violations should result in more serious forms of discipline being utilized, including

substantial fines, suspension, and termination of SEFMLS rights and privileges. At the same

time, a gray area can exist where a first-time violation is not attributable to ignorance or oversight,

but rather to blatant disregard for the rules. While the educational emphasis of enforcement

cannot be disregarded, the fact the rules exist to protect clients and customers, the public, and

to ensure the effective, efficient functioning of the SEFMLS must be carefully considered in

determining appropriate discipline.

28.8.2 Factors hearing panels should consider in determining appropriate

discipline include, but are not necessarily limited to:

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28.8.2.1 The nature of the violation.

28.8.2.2 Harm caused by the violation. Was the violation a minor

mistake causing little or no harm or, alternatively, was a client, customer, member of the public,

or another participant harmed?

28.8.2.3 Was the violation inadvertent or unintentional or, conversely,

was it the result of knowing disregard for the obligations of MLS participants and subscribers?

28.8.2.4 How much real estate experience did the violator have? Did

he, or should he, have known better?

28.8.2.5 Has the violator been found in violation of the rules

previously? How often? How recently? Is the current violation related or similar to earlier

violations?

28.8.2.6 Are there mitigating or extenuating circumstances that should

be considered in determining appropriate discipline?

28.8.2.7 Did the violator acknowledge the violation? Did the violator

express remorse or contrition?

28.8.2.8 Are there other factors that ought to be considered?

28.9 MLS RULES VIOLATIONS: LEGAL ACTION

SEFMLS Participants and/or Subscribers may not take legal action against other

Participants and/or Subscribers for alleged violation(s) of the MLS Rules unless the complaining

Participant and/or Subscriber has first exhausted the remedies provided in the MLS Rules.

29. SEFMLS ANTITRUST COMPLIANCE POLICY

29.1 The purpose of multiple listing is the orderly correlation and dissemination of listing

information to participants so they may better serve the buying and selling public. Boards and

associations of REALTORS® and their multiple listing services shall not enact or enforce any

rule which restricts, limits, or interferes with Participants and/or Subscribers in their relations with

each other, in their Broker/client or Broker/customer relationships, or in the conduct of their

business in the following areas. MIAMI and SEFMLS shall not:

29.1.1 Fix, control, recommend, or suggest the commissions or fees charged for

real estate brokerage services.

29.1.2 Fix, control, recommend, or suggest the cooperative compensation offered

by listing Brokers to potential cooperating Brokers.

29.1.3 Base dues, fees, or charges on commissions, listed prices, or sales prices.

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Initial participation fees and charges should directly relate to the costs incurred in bringing

services to new Participants and Subscribers.

29.1.4 Modify, or attempt to modify, the terms of any listing agreement; this does

not prohibit administrative corrections of property information necessary to ensure accuracy or

consistency in SEFMLS compilations.

29.1.5 Refuse to include any listing in an SEFMLS compilation solely on the basis

of the listed price.

29.1.6 Prohibit or discourage Participants and/or Subscribers from taking exclusive

agency listings or refusing to include any listing in an SEFMLS compilation solely on the basis

that the property is listed on an exclusive agency basis.

29.1.7 Prohibit or discourage Participants and Subscribers from taking “office

exclusive” listings; certification may be required from the Owner or listing Broker that the listing

is being withheld from the SEFMLS at the direction of the Owner in accordance with these MLS

Rules.

29.1.8 Give Participants or Subscribers blanket authority to deal with or negotiate

with buyers, lessees, or Owners exclusively represented by other Participants or Subscribers.

29.1.9 Establish, or permit establishment of, any representational or contractual

relationship between an MLS and Owners, buyers, or lessees.

29.1.10 Prohibit or discourage cooperation between Participants,

Subscribers, and Brokers that do not participate in the SEFMLS.

29.1.11 Prohibit or discourage Participants or Subscribers from participating

in political activities.

29.1.12 Interfere in or restrict Participants and/or Subscribers in their

relationships with their affiliated licensees.

29.2 As used in this policy, “rule” includes all rules, regulations, bylaws, policies,

procedures, practices, guidelines, or other governance provisions in the MLS Rules and

Governing Documents, whether mandatory or not. “Multiple listing service” and “MLS” means

multiple listing service committees of boards and associations of REALTORS® and separately

incorporated multiple listing services owned by one or more boards or associations of

REALTORS®.

29.3 These policy prohibitions are subject to and limited by applicable statutes,

ordinances, and governmental regulations, to agreements entered into by an MLS or board or

association of REALTORS® and an agency of government, and to final decrees of courts or

administrative agencies.

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29.4 This policy does not prohibit boards or associations of REALTORS® or their MLSs

from adopting rules or policies establishing the legitimate uses of MLS information, from

prohibiting unauthorized uses of MLS information, or from establishing rules or policies

necessary to prevent illegal collective action, including price-fixing and boycotts.

29.5 It is the duty and responsibility of all boards and associations of REALTORS® and

MLSs owned by or controlled by boards or associations of REALTORS® to ensure that all

bylaws, rules, regulations, and other governance provisions comply with all mandatory multiple

listing policies of NAR. Boards and associations of REALTORS® failing to conform with these

policies will be required to show cause why their charters should not be revoked.

30. POLICIES APPLICABLE TO PARTICIPANTS’ IDX WEBSITES AND DISPLAYS

30.1 NO OFFERS OF COMPENSATION IN THE SEFMLS

30.1.1 MIAMI and SEFMLS must not accept listing containing an offer of

compensation, if any, in the SEFMLS to other SEFMLS Participants and Subscribers. Further,

neither MIAMI nor SEFMLS may create, facilitate, or support any non-SEFMLS mechanism

(including by providing listing information to an internet aggregator’s website for such purpose)

for Participants, Subscribers, or Owners to make offers of compensation to buyer Brokers or

other buyer representatives.

30.1.2 Use of SEFMLS data or data feeds to directly or indirectly establish or

maintain a platform of offers of compensation from multiple Brokers to buyer Brokers or other

buyer representatives is prohibited and must result in the SEFMLS terminating that Participant’s

or Subscriber’s access to any SEFMLS data and data feeds.

30.1.3 SEFMLS must not have a rule requiring the listing Broker to disclose the

amount of total negotiated commission in his/her/their listing agreement in the SEFMLS; and,

SEFMLS must not publish the total negotiated commission on a listing which has been submitted

to the SEFMLS by a Participant or Subscriber. SEFMLS prohibits disclosing in any way the total

commission negotiated between the Owner and the listing Broker, or total Broker compensation

(i.e., combined compensation to both listing Broker and buyer Broker(s)), if any.

30.2 RIGHT OF REALTOR® PARTICIPANTS TO MLS DATA FEED OF LISTING

CONTENT

SEFMLS participatory rights are available to non-member Brokers or firms as a matter of

law or local determination. However, the right to IDX, VOW, or BBO display of listing information

is limited, as a matter of local option and as part of the “basic” services provided to REALTOR®

members of MIAMI, to Participants who are REALTOR® members of MIAMI. SEFMLS must,

upon request, promptly provide a member Participant (or the member Participant’s designee) a

data feed containing, at minimum, all active SEFMLS Listing Content input into the SEFMLS by

or on behalf of the member Participant and all of the member Participant’s off-market listing

content available in the SEFMLS compilation and system. The delivery charges for the member

Participant’s listing content shall be reasonably related to the actual costs incurred by SEFMLS.

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The data feed must be in compliance with RESO Standards. SEFMLS will not limit the use of

the member Participant’s own Listing Content by the member Participant or the member

Participant’s designee.

30.3 ONE DATA SOURCE

SEFMLS must offer a member Participant a single data feed in accordance with a

member Participant’s licensed authorized uses. At the request of a Participant, SEFMLS must

provide the single data feed for that member Participant’s licensed uses to that member

Participant’s designee. The designee may use the single data feed only to facilitate that member

Participant’s licensed uses on behalf of that member Participant.

30.4 BROKERAGE BACK OFFICE FEED (“BBO”)

30.4.1 That member Participants who are MIAMI members are entitled to use, and

SEFMLS must provide to member Participants, the Brokerage Back Office (“BBO”) Data, for

BBO Use subject to the Terms below:

30.4.1.1 “BBO Data” means all real property listing and roster

information in the SEFMLS database, including all listings of all Participants and Subscribers,

but excludes: (1) SEFMLS only fields (those fields only visible to SEFMLS staff and the listing

Participant); and, (2) fields and content to which SEFMLS does not have a sufficient license for

use in the BBO feed.

30.4.1.2 “BBO Use” means use of BBO Data by Participants and

Subscribers affiliated with the Participant for the following purposes: (1) brokerage management

systems that only expose BBO Data to Participant and Subscribers affiliated with Participant; (2)

customer relationship management (CRM) and transaction management tools that only expose

the BBO Data to Participant, Subscribers affiliated with Participant, and their bona fide clients

and customers as established under state law; (3) agent and brokerage productivity and ranking

tools and reports that only exposes BBO Data to Participants and Subscribers affiliated with

Participant; (4) marketplace statistical analysis and reports in conformance with NAR MLS Policy

Statement 7.80, which allows for certain public distribution. BBO Use may only be made by

Participant and Subscriber affiliated with Participant, except that at the request of a Participant,

SEFMLS must provide BBO Data to that Participant’s designee. The designee may use the BBO

Data only to facilitate the BBO Use on behalf of that member Participant and its affiliated

Subscribers. There is no option for Participants to opt-out their listings from the BBO Feed Use

as defined.

30.4.2 “Terms” mean the following: SEFMLS may impose reasonable licensing

provisions and fees related to member Participant’s license to use BBO Data. SEFMLS requires

the member Participant’s designee to sign the same or a separate and different license

agreement from what is signed by the member Participant. Such provisions in a license

agreement may include those typical to MIAMI and SEFMLS’ data licensing practices, such as

security requirements, rights to equitable relief, and dispute resolution terms. The foregoing

examples are not a limitation on the types of provisions SEFMLS may have in a license

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agreement. Use of roster information may be limited by the SEFMLS participation agreement

and license agreements. BBO Use is subject to other NAR MLS policies and local rules.

30.4.3 SEFMLS, in its reasonable discretion, may expand the definition of BBO

Use in conformance with other NAR MLS policies, such as Policy Statement 7.85, which

provides that “Use of listings and listing information by MLSs for purposes other than the defined

purposes of SEFMLS requires Participants’ consent.”

30.5 INTERNET DATA EXCHANGE (“IDX”) POLICY

30.5.1 The IDX policy gives member Participants the ability to authorize limited

electronic display and delivery of their listings by other Participants and Subscribers via the

following authorized mediums under the member Participant’s control: websites, mobile apps,

and audio devices. As used throughout this policy, “display” includes “delivery” of such listings.

IDX, BBO, and VOW are not available to nonmembers.

30.5.2 SEFMLS and MIAMI enable member Participants to display aggregated

SEFMLS listing information by specified electronic means in accordance with this policy.

Requests for IDX feeds/downloads must be acted on by the SEFMLS within 5 business days

from receipt, barring extenuating circumstances related to an individual’s qualification for

SEFMLS participation, and review of the member Participant’s and vendor’s use of the IDX

information consistent with the MLS Rules and Governing Documents, in which case an

estimated time of approval or denial must be issued.

30.5.3 For purposes of this policy, “control” means member Participants must have

the ability to add, delete, modify and update information as required by this policy. All displays

of IDX listings must also be under the actual and apparent control of the member Participant and

must be presented to the public as being the member Participant’s display. Actual control

requires that the member Participant has developed the display, or caused the display to be

developed for the member Participant pursuant to an agreement giving the member Participant

authority to determine what listings will be displayed, and how those listings will be displayed.

Apparent control requires that a reasonable consumer receiving the member Participant’s

display will understand the display is the member Participant’s, and that the display is controlled

by the member Participant. Factors evidencing control include, but are not limited to, clear,

conspicuous, written or verbal identification of the name of the brokerage firm under which the

member Participant operates, except as otherwise provided for in this policy (e.g., displays of

minimal information). All electronic display of IDX information conducted pursuant to this policy

must comply with state law and regulations, and MLS Rules. Any display of IDX information must

be controlled by the member Participant, including the ability to comply with this policy and

applicable MLS Rules, Governing Documents, or other agreements governing the same.

30.5.4 To comply with this requirement SEFMLS must, if requested by a member

Participant, promptly provide basic downloading of all active listings, sold* listing data starting

from January 1, 2012, non-confidential pending sale listing data, and other listings authorized

under applicable MLS Rules. SEFMLS may not exclude any listings from the information which

can be downloaded or displayed under IDX except those listings for which an Owner has

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affirmatively directed that their listing or their property address not appear on the Internet or other

electronic forms of display or distribution. MIAMI and SEFMLS can also offer alternative display

options including framing of board, SEFMLS, or other publicly-accessible sites displaying

Participants’ listings (with permission of the framed site). For purposes of this policy,

“downloading” means electronic transmission of data from SEFMLS servers to member

Participants’ servers on a persistent or transient basis, at the discretion of the SEFMLS. The

SEFMLS’ IDX download must be refreshed to accurately reflect all updates and status changes

no less frequently than every twelve (12) hours. *Note: If “sold” information is not publicly

accessible, display of sales price may be prohibited. “Publicly accessible” as used in IDX policy

and rules, means data that is available electronically or in hard copy to the public from city,

county, state and other government records. SEFMLS must provide for its member Participants’

IDX displays publicly accessible sold information maintained by the MLS starting January 1,

2012.

30.5.5 As SEFMLS allows persistent downloading of the SEFMLS database by

member Participants for display or distribution on the Internet or by other electronic means,

SEFMLS requires that member Participants’ websites: (1) utilize appropriate security protection,

such as firewalls, provided that any security obligations imposed on member Participants may

not be greater than those employed concurrently by the SEFMLS; and/or, (2) maintain an audit

trail of consumer activity on member Participants’ websites and make that information available

to the SEFMLS if the SEFMLS has reason to believe that a member Participant’s IDX website

has caused or permitted a breach in the security of the data or a violation of MLS Rules related

to use by consumers. This policy does not require MIAMI or SEFMLS to establish publicly

accessible sites displaying Participants’ and/or Subscribers’ listings.

30.5.7 SEFMLS requires that Participants’ consent for IDX display of their listings

by other Participants and Subscribers be affirmatively established in writing in accordance with

these MLS Rules. Even where Participants have given blanket authority for other Participants’

and Subscribers IDX display of their listings, such consent may be withdrawn on a listing-by-

listing basis as instructed by the Owner.

30.5.8 Access to SEFMLS databases, or any part of such databases, may not be

provided to any person or entity not expressly authorized such access under the MLS Rules.

30.5.9 Member Participants’ Internet websites and other authorized display

mechanisms may also provide other features, information, or services in addition to IDX

information (including VOW functions) which are not subject to this policy.

30.6 POLICIES APPLICABLE TO MEMBER PARTICIPANTS’ IDX WEBSITES AND

DISPLAYS

30.6.1 Member Participants must notify the SEFMLS of their intention to display

IDX information and give the SEFMLS direct access for purposes of monitoring/ensuring

compliance with applicable rules and policies.

30.6.2 Member Participants may not use IDX-provided listings for any purpose

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other than IDX display. This does not require member Participants to prevent indexing of IDX

listings by recognized search engines.

30.6.3 Listings or property addresses of Owners 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 websites or VOWs) shall not be accessible via IDX display.

30.6.4 Member Participants may select the IDX listings they choose to display

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), or type of listing (e.g., exclusive right-to-sell or exclusive

agency). Selection of IDX listings to be displayed must be unilaterally and independently made

by each member Participant.

30.6.5 Member Participants must refresh all SEFMLS downloads and displays

automatically fed by those downloads not less frequently than every 12 hours.

30.6.6 Except as provided elsewhere in this policy or elsewhere in the MLS Rules,

an IDX display or member Participant engaging in IDX display may not distribute, provide, or

make any portion of the SEFMLS database available to any person or entity.

30.6.7 When displaying Listing Content, a member Participant’s or user’s IDX

display must clearly identify the name of the brokerage firm under which they operate in a readily

visible color and typeface. 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) or for audio delivery of listing content. Minimal displays are exempt

from the disclosure requirements established in this policy but only when linked directly to a

display that includes all required disclosures. Audio delivery of listing content is exempt from the

disclosure requirements only when all required disclosures are subsequently delivered

electronically to the registered consumer performing the property search or linked to through the

device’s application.

30.6.8 With respect to any member Participant’s IDX display that: (1) 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, (2) displays an

automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate

conjunction with the listing, either or both of those features shall be disabled or discontinued with

respect to the Owner’s listing at the request of the Owner. The listing Broker or agent shall

communicate to the SEFMLS in writing that the Owner has elected to have one or both of these

features disabled or discontinued by all Participants and Subscribers. Except for the foregoing

and subject to Section 30.6.9, a member Participant’s IDX display may communicate the

member Participant’s professional judgment concerning any listing. Nothing shall prevent an IDX

display from notifying customers that a particular feature has been disabled at the request of the

Owner.

30.6.9 Member Participants shall maintain a means (e.g., e-mail address,

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telephone number) to receive comments about the accuracy of any data or information that is

added by or on behalf of the member Participant beyond that supplied by the SEFMLS and that

relates to a specific property. The member Participant 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

member Participant shall not be obligated to remove or correct any data or information that

simply reflects good faith opinion, advice, or professional judgment.

30.6.10 IDX displays of SEFMLS data may be, but are not required to be,

augmented with property information from other sources to appear on the same search results

and in the same listing-detail display, with the source(s) of the information clearly identified in

the search results and on the listing-details page, in immediate proximity to the information or

data.

30.6.11 Member Participants shall not modify or manipulate information

relating to other Participants’ listings. Member Participants may augment their IDX displays of

SEFMLS data with applicable property information from other sources to appear on the same

webpage or display, clearly separated from the data supplied by the SEFMLS. 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 SEFMLS data display or display of fewer than all of

the available listings or fewer authorized fields.

30.6.12 A member Participant’s IDX display must identify the listing firm, and

the email or phone number provided by the listing Participant 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.

30.7 OTHER POLICIES APPLICABLE TO SEFMLS AND IDX

30.7.1 SEFMLS may prohibit display of expired or withdrawn listings.

30.7.2 SEFMLS may prohibit display of confidential information fields intended for

cooperating Brokers rather than consumers including showing instructions and property security

information.

30.7.3 SEFMLS may prohibit display of the type of listing agreement, e.g.,

exclusive right to sell, exclusive agency, etc.

30.7.4 SEFMLS may prohibit display of seller’s(s’) and occupant’s(s’) name(s),

phone number(s), and e-mail address(es)

30.7.5 SEFMLS may require that the identity of listing agents be displayed

30.7.6 SEFMLS may require that any display of other Participants’ listings indicate

the source of the information being displayed

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30.7.7 SEFMLS may require that other Brokers’ listings obtained from other

sources, e.g., from other MLSs, from non-participating Brokers, etc., display the source from

which each such listing was obtained.

30.7.8 SEFMLS may require Participants to indicate on their websites and in any

other IDX display of a member Participant that the information 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.

30.7.9 SEFMLS may establish reasonable limits on the amount of data/number of

listings that consumers may retrieve or download in response to an inquiry. Such number shall

be determined by SEFMLS, but in no instance may the limit be fewer than 500 listings or 50%

of the listings available for IDX display, whichever is less.

30.7.10 SEFMLS may require a notice on all SEFMLS data displayed

indicating that the data is deemed reliable but is not guaranteed accurate by the MLS. Member

Participants’ IDX sites and displays may also include other disclaimers necessary to protect the

member Participant, MIAMI, and/or SEFMLS from liability.

30.7.11 This policy acknowledges that the disclosures required in this section

may not be possible in displays of minimal information (e.g., “thumbnails”, text messages,

“tweets”, etc., of 200 characters or less) or for audio delivery Listing Content. Minimal displays

are exempt from the disclosure requirements established in this policy but only when linked

directly to a display that includes all required disclosures. Audio delivery of listing content is

exempt from disclosure requirements only when all required disclosures are subsequently

delivered electronically to the registered consumer performing the property search or linked to

through the device’s application.

30.7.12 Even if use of information through IDX is provided to Subscribers,

affiliated with member Participants, such use is subject to the affiliated member Participants’

consent and control and the requirements of federal, state, and local laws, rules, ad regulations

in addition to the MLS Rules, Governing Documents, and any other agreement required by

MIAMI and/or SEFMLS for the same.

30.7.13 SEFMLS may, as a matter of local option, charge the costs of adding

or enhancing their downloading capacity to member Participants who will download listing

information. Assessment of such costs should reasonably relate to the actual costs incurred by

MIAMI and/or SEFMLS.

30.7.14 SEFMLS may prohibit advertising controlled by member Participants

(including co-branding) on any pages displaying IDX-provided listings. If advertising is permitted

(including co-branding) on pages displaying IDX-provided listings, SEFMLS may prohibit

deceptive or misleading advertising (including co-branding). For purposes of this provision, co-

branding will be presumed not to be deceptive or misleading if the member Participant’s logo

and contact information is larger than that of any third party.

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31. POLICIES APPLICABLE TO VIRTUAL OFFICE WEBSITES

31.1 DEFINITIONS AND SCOPE OF POLICY

31.1.1 For purposes of this policy, the term “Virtual Office Website” (“VOW”) refers

to a member Participant’s Internet website, or a feature of a member Participant’s Internet

website, through which the member Participant is capable of providing real estate brokerage

services to consumers with whom the member Participant has first established a broker-

consumer relationship (as defined by state law) where the consumer has the opportunity to

search SEFMLS data, subject to the member Participant’s oversight, supervision, accountability,

in addition to these MLS Rules and any agreement SEFMLS and/or MIAMI requires of said

member Participant for the same.

31.1.2 A member Participant may designate an “Affiliated VOW Partner” (“AVP”)

to operate a VOW on behalf of the member Participant, subject to the member Participant’s

supervision and accountability and the terms of this policy.

31.1.3 A Subscriber affiliated with a member Participant may, with the member

Participant’s consent, operate a VOW or have a VOW operated on its behalf by an AVP. Such

a VOW is subject to the member Participant’s supervision and accountability and the terms of

this policy.

31.1.4 Each use of the term “participant” or “Participant” in this Section 31 shall

also include the Subscribers of the member Participant (with the exception of references in this

section to the “participant’s consent” and the “participant’s supervision and accountability,” and

in the “participant acknowledges”). Each reference to VOW or VOWs herein refers to all VOWs,

whether operated by a member Participant, a Subscriber affiliated with member Participant, or

by an AVP.

31.1.5 The right to display listings in response to consumer searches is limited to

display of SEEFMLS data supplied by the multiple listing services in which the member

Participant has participatory rights. This does not preclude a firm with offices participating in

different multiple listing services from operating a master website with links to such offices’

VOWs.

31.1.6 Member Participants’ Internet websites, including those operated for

participants by AVPs, may also provide other features, information, or services, in addition to

VOWs (including the “Internet Data Exchange” (“IDX”) function).

31.1.7 The display of listing information on a VOW does not require separate

permission from the Participant whose listings will be available on the VOW.

31.1.8 Except as otherwise permitted herein, SEFMLS may not adopt rules or

regulations that conflict with this policy or that otherwise restrict the operation of VOWs by

member Participants.

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31.2 POLICIES APPLICABLE TO MEMBER PARTICIPANTS’ VOWS

31.2.1 A member Participant may provide brokerage services via a VOW that

include making SEFMLS active listing data available, but only to consumers with whom the

member Participant has first established a lawful consumer-broker relationship, including

completion of all actions required by state law in connection with providing real estate brokerage

services to clients and customers (hereinafter “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 agreement(s).

31.2.2 A member participant’s VOW must obtain the identity of each Registrant

and obtain each Registrant’s agreement to terms of use of the VOW, as follows.

31.2.2.1 A Registrant must provide his/her/their name and a valid e-

mail address. The member Participant must send an e-mail to the address provided by the

Registrant confirming that the Registrant has agreed to the terms of use (described in detail

below). The Registrant may be permitted to access the VOW only after the member Participant

has verified that the e-mail address provided is valid and that Registrant received the terms of

use confirmation.

31.2.2.2 The Registrant must supply a user name and a password, the

combination of which must be different from those of all other Registrants on the VOW, before

being permitted to search and retrieve information from the SEFMLS database via the VOW.

The user name and password may be established by the Registrant or may be supplied by the

member Participant, at the option of the member Participant. An e-mail address may be

associated with only one user name and password. The Registrant’s password and access must

expire on a date certain, but may be renewed. The member Participant must, at all times,

maintain a record of the name and e-mail address supplied by the Registrant, and the user name

and current password of each Registrant. Such records must be kept for not less than one 180

days after the expiration of the validity of the Registrant’s password. If SEFMLS has reason to

believe that a member Participant’s VOW has caused or permitted a breach in the security of

the data or a violation of MLS Rules related to use by one or more Registrants, the member

Participant shall, upon request, provide to SEFMLS a copy of the record of the name, e-mail

address, user name, current password, and audit trail, if required, of any Registrant identified by

SEFMLS to be suspected of involvement in the violation.

31.2.2.3 The Registrant must be required affirmatively to express

agreement to a “terms of use” provision that requires the Registrant to open and review an

agreement that provides at least the following:

31.2.2.3.1 That the Registrant acknowledges entering into a

lawful consumer-broker relationship with the member Participant;

31.2.2.3.2 That all data obtained from the VOW is intended only

for the Registrant’s personal, non-commercial use;

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31.2.2.3.3 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;

31.2.2.3.4 That the Registrant will not copy, redistribute, or

retransmit any of the data or information provided, except in connection with the Registrant’s

consideration of the purchase or sale of an individual property;

31.2.2.3.5 That the Registrant acknowledges the SEFMLS’

ownership of and the validity of the SEFMLS’ copyright in the SEFMLS database; and,

31.2.2.3.6 After the Registrant has opened for viewing the terms

of use agreement, a mouse click is sufficient to acknowledge agreement to those terms. The

representation agreement between the Registrant and the participant. The terms of use

agreement shall also expressly authorize SEFMLS and other member Participants or their duly

authorized representatives to access the VOW for the purposes of verifying compliance with

MLS Rules and monitoring display of member Participants’ listings by the VOW.

31.2.2.4 An agreement entered into at any time between the member

Participant and Registrant imposing a financial obligation on the Registrant or creating

representation of the Registrant by the member Participant must be established separately from

the terms of use, must be prominently labeled as such, and may not be accepted solely by

mouse click.

31.2.3 A member 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 member Participant to ask questions or get more

information about properties displayed on the VOW. The member Participant or Subscriber

affiliated with the member Participant must be willing and able to respond knowledgeably to

inquiries from Registrants about properties within the market area served by that member

Participant and displayed on the VOW.

31.2.4 A member Participant’s VOW must protect the SEFMLS data from

misappropriation by employing reasonable efforts to monitor for and prevent scraping or other

unauthorized accessing, reproduction, or use of the SEFMLS database.

31.2.5 A member Participant’s VOW must comply with the following additional

requirements.

31.2.5.1 No VOW shall display the listing or property address of any

Owner who has affirmatively directed its listing broker to withhold its listing or property address

from display on the Internet. The listing Broker or agent shall communicate to the SEFMLS that

an Owner has elected not to permit display of the listing or property address on the Internet.

Notwithstanding the foregoing, a member Participant who operates a VOW may provide to

consumers via other delivery mechanisms, such as e-mail, fax, or otherwise, the listing or

property address of a seller who has determined not to have the listing or address for its property

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displayed on the Internet.

31.2.5.2 A member Participant who lists a property for an Owner who

has elected not to have the property listing or the property address displayed on the Internet

shall cause the Owner to execute the form required by these MLS Rules. The member

Participant shall retain such forms for at least 1 year from the date they are signed.

31.2.5.3 With respect to any VOW that:

31.2.5.3.1 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,

31.2.5.3.2 Displays an automated estimate of the market

value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing, the

VOW shall disable or discontinue either or both of those features as to the Owner’s listing at the

request of the Owner.

The listing Broker or agent shall communicate to SEFMLS that the Owner has elected to

have one or both of these features disabled or discontinued on all member Participants’

websites. Except for the foregoing and subject to Section 31.2.5.4 below, a member Participant’s

VOW may communicate the member Participant’s professional judgment concerning any listing.

Nothing shall prevent a VOW from notifying its customers that a particular feature has been

disabled at the request of the Owner.

31.2.5.4 A VOW 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 VOW operator beyond that supplied by SEFMLS and that relates

to a specific property displayed on the VOW. The VOW operator 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 VOW operator shall not be obligated to remove or correct any data or information

that simply reflects good faith opinion, advice, or professional judgment.

31.2.5.5 Each VOW shall refresh SEFMLS data available on the VOW

not less frequently than as established in any separate agreement with SEFMLS and/or MIAMI.

31.2.5.6 Except as provided elsewhere in this policy or in MLS Rules,

no portion of the SEFMLS database may be distributed, provided, or made accessible to any

person or entity.

31.2.5.7 Every VOW must display a privacy policy that informs

Registrants of the ways in which information obtained from them will be used.

31.2.5.8 A VOW may exclude listings from display based only on

objective criteria, including, but not limited to, factors such as geography, list price, or type of

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property.

31.2.6 A member Participant who intends to operate a VOW must notify SEFMLS

of its intention to establish a VOW and must make the VOW readily accessible to SEFMLS and

to all Participants for purposes of verifying compliance with this policy and any other applicable

MLS Rules and Governing Documents.

31.2.7 A member Participant may operate more than one VOW itself or through an

AVP. A member Participant who operates a VOW itself shall not be precluded from also

operating VOWs in conjunction with AVPs.

31.3 POLICIES APPLICABLE TO SEFMLS

31.3.1 A multiple listing service shall permit member Participants to operate VOWs

or to have VOWs operated for them by AVPs, subject to the requirements of state law, the

Governing Documents, the MLS Rules, and this policy.

31.3.2 SEFMLS shall, if requested by a member Participant, provide basic

downloading of all SEFMLS non-confidential listing data. Confidential data includes only that

which participants are prohibited from providing to customers orally and by all other delivery

mechanisms. For purposes of this policy, downloading means electronic transmission of data

from SEFMLS servers to a member Participant’s or AVP’s server on a persistent basis. SEFMLS

may also offer a transient download. In such case, it shall also, if requested, provide a persistent

download, provided that it may impose on users of such download the approximate additional

costs incurred by it to do so.

31.3.3 This policy does not require SEFMLS to establish publicly accessible sites

displaying Participants’ and Subscribers’ listings.

31.3.4 If SEFMLS provides a VOW-specific feed, that feed must include all of the

non-confidential data included in the feed, except for listings or property addresses of Owners

who have elected not to have their listings or addresses displayed on the Internet.

31.3.5 SEFMLS may pass on to those member Participants who will download

listing information the reasonably estimated costs incurred by the SEFMLS in adding or

enhancing its downloading capacity to enable such member Participants to operate VOWs.

31.3.6 SEFMLS may require that member Participants: (1) utilize appropriate

security protection, such as firewalls, as long as such requirement does not impose security

obligations greater than those employed concurrently by SEFMLS; and/or, (2) maintain an audit

trail of Registrants’ activity on the VOW and make that information available to SEFMLS if

SEFMLS has reason to believe that any VOW has caused or permitted a breach in the security

of the data or a violation of applicable MLS Rules.

31.3.7 SEFMLS may not prohibit or regulate display of advertising or the

identification of entities on VOWs (branding or co-branding), except to prohibit deceptive or

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misleading advertising or co-branding. For purposes of this provision, co-branding will be

presumed not to be deceptive or misleading if the member Participant’s logo and contact

information (or that of at least one member Participant, in the case of a VOW established and

operated by or for more than one member Participant) is displayed in immediate conjunction

with that of every other party, and the logo and contact information of all member Participants

displayed on the VOW is as large as the logo of the AVP and larger than that of any third party.

31.3.8 Except as provided in this policy, SEFMLS may not prohibit member

Participants from enhancing their VOWs by providing information obtained from sources other

than SEFMLS, additional technological services (such as mapping functionality), or information

derived from non-confidential SEFMLS data (such as an estimated monthly payment derived

from the listed price), or regulate the use or display of such information or technological services

on any VOW.

31.3.9 Except as provided in generally applicable rules or policies (such as the

NAR Code of Ethics), SEFMLS may not restrict the format of data display on a VOW or regulate

the appearance of VOWs.

31.3.10 Subject to the provisions below, SEFMLS shall make SEFMLS listing

data available to an AVP for the exclusive purpose of operating a VOW on behalf of a member

Participant. SEFMLS shall make SEFMLS listing data available to an AVP under the same terms

and conditions as those applicable to member Participants. No AVP has independent

participation rights in SEFMLS by virtue of its right to receive data on behalf of a member

Participant or the right to use SEFMLS data, except in connection with operation of a VOW for

a participant. AVP access to SEFMLS data is derivative of the rights of the member Participant

on whose behalf the AVP is downloading data.

31.3.10.1 A member Participant, Subscriber affiliated with a member

Participant, or AVP may establish the AVP’s right to receive and use SEFMLS data by providing

to SEFMLS a writing in which the member Participant acknowledges its or its Subscriber’s

selection of the AVP to operate a VOW on its behalf.

31.3.10.2 SEFMLS may not charge an AVP, or a member Participant on

whose behalf an AVP operates a VOW, more than a member Participant that chooses to operate

a VOW itself (including any fees or costs associated with a license to receive SEFMLS data, as

described below), except to the extent that SEFMLS incurs greater costs in providing listing data

to the AVP than SEFMLS incurs in providing listing data to a member Participant.

31.3.10.3 SEFMLS may not place data security requirements or

restrictions on use of SEFMLS listing data by an AVP that are not also imposed on member

Participants.

31.3.10.4 SEFMLS must permit an AVP to download listing information

in the same manner (e.g., via a “Real Estate Transaction Standard” (“RETS”) feed or via a “File

Transfer Protocol” (“FTP”) download), at the same times and with the same frequency that

SEFMLS permits member Participants to download listing information.

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31.3.10.5 SEFMLS may not refuse to deal directly with an AVP in order

to resolve technical problems with the data feed. However, SEFMLS may require that the

member Participant on whose behalf the AVP is operating the VOW participate in such

communications if SEFMLS reasonably believes that the involvement of the member Participant

would be helpful in order to resolve the problem.

31.3.10.6 SEFMLS may not condition an AVP’s access to a data feed

on the financial terms on which the AVP provides the site for the member Participant.

31.3.10.7 SEFMLS may require member Participants and AVPs to

execute license or similar agreements sufficient to ensure that member Participants and AVPs

understand and agree that data provided by SEFMLS may be used only to establish and operate

a VOW on behalf of the member Participant and not for any other purpose.

31.3.10.8 SEFMLS may not: (1) prohibit an AVP from operating VOWs

on behalf of more than one member Participant, and several member Participants may designate

an AVP to operate a single VOW for them collectively; (2) limit the number of entities that

member Participants may designate as AVPs for purposes of operating VOWs; or, (3) prohibit

member Participants from designating particular entities as AVPs, except that, if an AVP’s

access has been suspended or terminated by SEFMLS, SEFMLS may prevent an entity from

being designated an AVP by another participant during the period of the AVP’s suspension or

termination.

31.3.10.9 Except as stated below, SEFMLS may not suspend or

terminate an AVP’s access to data: (1) for reasons other than those that would allow SEFMLS

to suspend or terminate a Participant’s or Subscriber’s access to data; or, (2) without giving the

AVP and the associated member Participant(s) prior notice and the process set forth in the

applicable provisions of the MLS Rules, Governing Documents, and/or agreements between

MIAMI, AVPs, and Participants and Subscribers (if applicable) for suspension or termination of

a member Participant’s or Subscriber’s access.

31.3.10.10 Notwithstanding the foregoing, SEFMLS may immediately

terminate an AVP’s access to data: (1) if the AVP is no longer designated to provide VOW

services to any member Participant or Subscriber; (2) if the member Participant for whom the

AVP operates a VOW ceases to maintain its status with SEFMLS; (3) if the AVP has downloaded

data in a manner not authorized for member Participants and that hinders the ability of member

Participants to download data; or, (4) if the associated participant or AVP has failed to make

required payments to the SEFMLS in accordance with the SEFMLS’ generally applicable

payment policies and practices.

31.3.10.11 SEFMLS may not prohibit, restrict, or impede a member

Participant from referring Registrants to any person or from obtaining a fee for such referral.

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31.4 REQUIREMENTS THAT SEFMLS MAY IMPOSE ON THE OPERATION OF

VOWS AND PARTICIPANTS

31.4.1 SEFMLS may impose any, all, or none of the following requirements on

VOWs, but may impose them only to the extent that equivalent requirements are imposed on

member Participants’ use of SEFMLS listing data in providing brokerage services via all other

delivery mechanisms.

31.4.1.1 A member Participant’s VOW may not make available for

search by or display to Registrants the following data, intended exclusively for other SEFMLS

Participants and their affiliated Subscribers: (1) expired, withdrawn, or pending listings; (2) sales

price on sold data if the actual sales price of completed transactions is not accessible from public

record; (3) the type of listing agreement, i.e., exclusive-right-to-sell or exclusive agency; (4) the

Owner(s) and occupant(s) name(s), phone number(s) and e-mail address(es), where available;

or, (4) instructions or remarks intended for cooperating brokers only, such as those regarding

showing or security of the listed property.

31.4.1.2 The content of SEFMLS data that is displayed on a VOW may

not be changed from the content as it is provided in the SEFMLS. A VOW may be, but is not

required to be, augmented with property information from other sources to appear on the same

search results and in the same listing-detail display, with the source(s) of the information clearly

identified in the search results and on the listing-details page, in immediate proximity to the

information or data. This requirement does not restrict the format of SEFMLS data display on

VOWs or display of fewer than all of the listings or fewer authorized data fields.

31.4.1.3 There shall be a notice on all MLS data displayed indicating

that the data is deemed reliable, but is not guaranteed accurate by the MLS. A participant’s VOW

may also include other appropriate disclaimers necessary to protect the participant and/or the

MLS from liability.

31.4.1.4 Any listing displayed on a VOW shall identify the name of the

listing firm, and the email or telephone number provided by the listing Participant in a readily

visible color, and reasonably prominent location, and in typeface not smaller than the median

typeface used in the display of listing data.

31.4.1.5 The number of current or, if permitted, sold listings that

Registrants may view, retrieve, or download on or from a VOW in response to an inquiry may be

limited to a reasonable number. Such number shall be determined by SEFMLS, but in no event

may the limit be fewer than 500 listings or 50% of the listings in SEFMLS, whichever is less.

31.4.1.6 Any listing displayed on a VOW shall identify the name of the

listing agent.

31.4.2 SEFMLS may also impose the following other requirements on the

operation of VOWs.

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31.4.2.1 Participants displaying other Brokers’ listings obtained from

other sources, e.g., other multiple listing services, non-participating brokers, etc., shall display

the source from which each such listing was obtained.

31.4.2.2 A maximum period, no shorter than 90 days and determined

by SEFMLS, during which Registrants’ passwords are valid, after which such passwords must

be changed or reconfirmed.

31.4.3 SEFMLS may not prohibit member Participants from downloading and

displaying or framing listings obtained from other sources, e.g., other multiple listing services or

from brokers not participating in that MLS, etc., but may require either: (1) that such information

be searched separately from listings obtained from other sources, including other multiple listing

services; or, (2) if such other sources are searched in conjunction with searches of the listings

available on the VOW, that any display of listings from other sources identify such other source.

REVISION HISTORY:

August 2006

April 2009

January 2012

July 2012

October 2014

June 2016

September 2018

April 2019

March 2020

February 2021

March 2022

August 2022

November 2022

October 2023

May 2024

August 2024