1. PURPOSE AND AUTHORITY OF THE MULTIPLE LISTING SERVICE *

2. MULTIPLE LISTING SERVICE COUNCIL (refer to Council Structure) *

3. PARTICIPATION AND AUTHORIZED ACCESS *

3.1 Participant *

3.2 Subscriber *

3.3 Clerical Users *

3.4 Notification of Licensees *

3.5 Participation Not Transferable. *

3.6 Listing Broker Defined *

3.7 Cooperating Broker or Selling Broker Defined *

3.8 Appraiser Defined *

3.9 Unauthorized Access of the MLS *

4. MLS FEES AND CHARGES (See Appendix A for non-payment of fees) *

4.1 Service Fees and Charges *

4.2 Responsibility for Fees *

5. REGIONAL AND RECIPROCAL AGREEMENTS *

6. LISTING PROCEDURES *

6.1 Listings Subject to Rules and Regulations of the Service *

6.2 Types of Listings/Responsibility for Classification *

6.3 Types of Properties/Responsibility for Classification *

6.4 Compliance with California and Federal Law *

6.5 Mandatory Submission *

6.6 Exempted Listings *

6.7 Service Area *

6.8 Change of Listing Information *

6.9 Withdrawal of Listing Prior to Expiration *

6.10 Contingencies *

6.11 Detail on Listings Filed With the Service *

6.12 Unilateral Contractual Offer/Subagency Optional *

6.13 Acceptance of Contractual Offer *

6.14 Consent to Act as Dual Agent *

6.15 Estate Sale, Probate, Bankruptcy and Lender Approval Bankruptcy Listings *

6.16 Changes to Offer of Compensation by Listing Broker to all Broker Participants *

6.17 Broker participant or Real Estate Subscriber as Principal *

6.18 Multiple Unit Properties *

6.19 Expiration, Extension and Renewal of Listing *

6.20 Listings of Participants or Subscribers Suspended, or Expelled or Resigned *

6.21 No Control of Commission Rates or Fees Charged by Participants *

6.22 Dual or Variable Rate Commission Arrangements *

6.23 Right of Listing Broker and Presentation of Counter Offers *

7. DOCUMENTATION/PERMISSION/ACCURACY OF INFORMATION *

7.1 Listing Agreement and Seller’s Permission *

7.2 Written Documentation *

7.3 Accuracy of Information Responsibility of Accuracy *

7.4 Input Defined *

7.5 Buyer, Seller Purchase and Sale Defined *

8. SELLING PROCEDURES *

8.1 Showings and Negotiations *

8.2 Presentation of Offers *

8.3 Submission of Offers *

8.4 Right of Cooperating Broker in Presentation of Offer *

8.5 Change of Compensation Offer by Cooperating Broker *

8.6 Cooperating Broker as a Purchaser *

9. REPORTING SALES AND OTHER INFORMATION TO THE SERVICE *

9.1 Reporting of Sales *

9.2 Reporting Cancellation of Pending Sale *

9.3 Refusal to Sell *

9.4 Reporting Resolutions of Contingencies *

10. OWNERSHIP OF MULTIPLE LISTING SERVICE COMPILATIONS AND COPYRIGHTS *

10.1 MLS Compilation Defined *

10.2 Active Listing MLS Compilation Defined *

10.3 Comparable Data MLS Compilation Defined *

10.4 Authority to put Listings in MLS Compilation *

10.5 Photographs on the MLS *

10.6 Copyright Ownership *

10.7 Leasing of MLS Compilations *

11. PROHIBITIONS AND REQUIREMENTS *

11.2 Violations of the Law *

11.3 Supervision of Licensees and Appraisers *

11.4 Solicitation of Listing Filed with the MLS *

11.5 Misuse of Remarks *

11.6 "For Sale" Signs *

11.7 "Sold" Signs and Use of the term "Sold." *

11.8 Advertising of Listing Filed with the MLS *

11.9 Limitations on Use of Association or MLS Information in Advertising *

11.10 False or Misleading Advertising and Representations *

11.11 Use of MLS Information *

11.12 Confidentiality of MLS Information *

11.13 Access to Comparable and Statistical Information *

11.14 Display *

11.15 Reproduction *

11.16 Listing Information on the Internet *

11.17 Applicability of Rules to MLS or Association *

11.18 Listing Broker’s Right to Opt Out of Internet advertising of MLS Information *

12. LOCKBOXES AND KEYCARDS *

12.1 Eligibility for Lockboxes *

12.2 Key Use and Service *

12.3 Temporary Keys *

12.4 Accountability *

12.5 Deemed Unaccountable *

12.6 Written Authority *

12.7 Listing Broker’s Permission *

12.8 Unaccountable Keys *

12.9 Deposits *

12.10 Rules Violations *

12.11 Right to Limit Access *

13. VIOLATIONS OF RULES AND REGULATIONS *

13.1 Grounds for Disciplinary Action and Sanctions *

13.2 Sanctions *

13.3 Citations *

14. PROCEDURES FOR MLS RULES HEARINGS. *

15. ARBITRATION *

15.1 Mandatory Arbitration *

15.2 Other Arbitration Agreements *

15.3 Arbitration between Association Members *

15.4 Arbitration Involving Non-association Members *

16. NON-PAYMENT OF MLS FEES *

16.1 Non-Payment of MLS Fees *

16.2 Disputed Amounts *

16.3 Reinstatement *

APPENDIX A *

CITATION SCHEDULE OF ASSESSMENT *

APPENDIX B *

TYPES OF PROPERTY THE MLS WILL ACCEPT *

1. Authority

The Association may maintain for the use of licensed real estate brokers and salespersons, and licensed or certified appraisers, a Multiple Listing Service, (hereinafter referred to as "MLS" or "Service") which shall be subject to the bylaws of the A.O.R. and such rules and regulations as may be hereinafter adopted by the Board of Directors of the A.O.R. (hereinafter "Board of Directors").

A Multiple Listing Service is a means by which the authorized MLS broker participants establishes legal relationships with other participants by making a blanket unilateral contractual offer of compensation and cooperation to other broker participants; by which information is accumulated and disseminated to enable authorized participants engaging in real estate appraisal to contribute to a common database; and is a facility for the orderly correlation and dissemination of listing information among the participants so that they may better serve their customers and the public.

2. MULTIPLE LISTING SERVICE COUNCIL (refer to Council Structure)
3. PARTICIPATION AND AUTHORIZED ACCESS

A participant is any individual who applies and, is accepted by the MLS, and meets all of the following requirements of either a broker participant or an appraiser participant as defined below in section 3.1.1 and 3.1.2.

1. The individual or corporation, for which the individual acts as a broker/officer, holds a valid California real estate broker’s license;
2. The individual is a principal, partner, corporate officer, or branch office manager acting on behalf of a principal;
3. The individual or corporation for which the individual acts, as a broker/officer, is capable of offering and accepting compensation in the capacity of a real estate broker;
4. The individual has signed a written agreement to abide by the rules and regulations of the Service in force at that time and as from time to time amended;
5. The individual pays all applicable MLS fees; and
6. The individual has completed any required orientation program of no more than 8 classroom hours within 60 days after access has been provided.

1. The individual holds a valid California Appraisers certification or license;
2. The individual is a principal, partner, corporate officer, or branch office manager acting on behalf of a principal;
3. The individual has signed a written agreement to abide by the rules and regulations of the service in force at the time and as from time to time amended;
4. The individual pays all applicable MLS fees; and
5. The individual has completed any required orientation program of no more than eight (8) classroom hours within 60 days after access has been provided.

Subscriber is an individual that applies and is accepted by the MLS, meets and continues to meet all of the following requirements of either a real estate subscriber or appraiser subscriber as defined below in sections 3.2.1 and 3.2.2

1. The individual holds a valid California real estate salesperson or broker’s license.
2. The individual is employed by or affiliated as an independent contractor with a broker participant;
3. The individual has signed a written agreement to abide by the rules and regulations of the service in force at that time and as from time to time amended;
4. The individual pays all applicable MLS fees; and
5. The individual has completed any required orientation program of no more than eight (8) classroom hours within 60 days after access has been provided.

1. The individual holds a valid California real estate appraisers certification or license;
2. The individual is employed by or affiliated as an independent contractor with an appraiser participant;
3. The individual has signed a written agreement to abide by the rules and regulations of the service in force at that time and as from time to time amended;
4. The individual pays all applicable MLS fees; and
5. The individual has completed any required orientation program of no more than eight (8) hours within 60 days after access has been provided.

Clerical users are individuals under the direct supervision of an MLS participant or subscriber that are performing only administrative and clerical tasks that do not require a real estate license or an appraisers certificate or license. Each participant and subscriber shall provide the MLS with a list of all clerical users employed by the participant and shall immediately notify the MLS of any changes, additions or deletions from the list. The list shall include any licensees under any broker associate affiliated with the participant.

Each participant shall provide the MLS with a list of all real estate licensees or certified or licensed appraisers employed by or affiliated as independent contractors with such participant or with such participant’s firm and shall immediately notify the MLS of any changes, additions or deletions from the list. This list shall include any licensees under any broker associate affiliated with the participant.

Participation in the MLS is on an individual basis and may not be transferred or sold to any corporation, firm or other individual. Any reimbursement of the MLS fee is a matter of negotiation between those transferring the business or determined by internal contract arrangement within the firm. However, providing the first participant consents, the A.O.R. shall allow a firm to designate a different person as a participant within the firm without additional initial participation fees. The A.O.R. may charge an administrative fee for this service of reassigning participants within a firm.

For purposes of these MLS Rules, a listing broker is a participant who is also a listing agent as defined in Civil Code 1086 who has obtained a written listing agreement by which the broker has been authorized to act as an agent to sell or lease the property or to find or obtain a buyer or lessee. Whenever these rules refer to the listing broker, it shall include the subscriber or a licensee acting for the listing broker but shall not relieve the listing broker of responsibility for the act or rule specified.

For purposes of these MLS Rules, a cooperating broker or selling broker is a participant who is also a selling agent as defined in Civil Code 1086 who acts in cooperation with a listing broker to accept the offer of compensation and/or subagency to find or obtain a buyer or lessee. The cooperating broker or selling broker may be the agent of the buyer or, if subagency is offered and accepted, may be the agent of the seller. Whenever these rules refer to the cooperating broker or selling broker, it shall include the subscriber or a licensee acting for the cooperating or selling broker but shall not relieve that broker of responsibility for the act or rule specified.

For purposes of these MLS rules, an appraiser is an appraiser participant, appraiser subscriber, or a licensed or certified appraiser acting for the appraiser participant or appraiser subscriber. Whenever these rules refer to the appraiser, the term shall also include the appraiser subscriber or a licensed or certified appraiser employed by or affiliated as an independent contractor with the firm that employs the appraiser but shall not relieve that appraiser participant of responsibility for the act or rule specified.

These are the MLS Rules and Regulations. The participant is responsible for all payment of fees for those Licensees associated with the firm. If the participant has not paid the imposed fee, and allows Licensees associated with the firm access of MLS compilation, he is in violation of unauthorized access of the MLS. (See Section 10.1 for MLS compilation defined, and Section 12, for Violation of Rules and Regulations.)

The MLS Council, subject to approval of the Board of Directors, shall establish a schedule of MLS fees applicable to the MLS, which may include the following service fees and charges:

In the event the MLS allows for direct billing or payment by a subscriber for MLS fees under these rules, such fees shall be the exclusive obligation of that subscriber regardless of whether such subscriber becomes affiliated with a different participant. If the MLS does not allow for direct billing or payment by a subscriber for MLS fees, such fees shall be the responsibility of the participant with whom the subscriber was affiliated with at the time the MLS fees were incurred. This section does not preclude in any way the ability of participants to pursue reimbursement of MLS fees from current or past subscribers or to establish agreements with subscribers regarding payment or reimbursement of MLS fees.

The MLS Council may recommend subject to the Board of Directors approval that the MLS enter into reciprocal or regional agreements with other Associations of REALTORS® or MLS corporations owned solely by Associations of REALTORS® to allow the other MLS participants and subscribers access to the Service in exchange for comparable benefits to the participants and subscribers of this Service. In the event of such agreements, the participants and subscribers agree to abide by the respective rules of the other MLSs receiving and publishing a listing pursuant to such agreements and to abide by such rules when accessing the other MLSs database.

6. LISTING PROCEDURES

Any listing filed with the Service is subject to the rules and regulations of the Service.

The Service shall accept exclusive right to sell, exclusive agency, open, and probate listings as defined in California Civil Code 1086 et.seq. that satisfy the requirements of these MLS Rules. Exclusive Right to Sell listings that contain any exceptions whereby the owner need not pay a commission if the property is sold to particular individuals shall be classified for purposes of these rules as an exclusive right to sell listings but the listing broker shall notify all participants of the exceptions. It shall be the responsibility of the broker participant and real estate subscriber to properly classify the type of listing, and if necessary, obtain a legal opinion to determine the correct classification. By classifying the type a listing, the listing broker certifies that the listing falls under the legal classification designated. The MLS shall have no affirmative responsibility to verify the listing type of any listing filed with the service. However, the MLS shall have the right to have legal counsel make a determination as to the classification of the listing type and if the listing broker does not reclassify it accordingly, the A.O.R. shall have the right to reject or remove any such listing that it determines falsely represents the classification of listing type. Submission of duplicate listings by the same participant within the same category is not permitted. (See Citation Assessment for submitting listings that do not satisfy the requirement of these MLS Rules - Appendix A)

The MLS shall accept listings that satisfy the requirements of these Rules. (See Appendix B).

It shall be the responsibility of the broker participant and real estate subscribers to properly classify the type of property listed, and if necessary, obtain a legal opinion to determine the correct classification. By classifying the type of property listed, the listing broker certifies that the listing falls under the classification designated. The MLS shall have no affirmative responsibility to verify the property type of any listing filed with the service. However, the MLS shall have the right to have legal counsel make a determination as to the classification of the property type and if the listing broker does not reclassify it accordingly, the A.O.R. shall have the right to reject or remove any such listing that it determines falsely represents the classification of property type of the listing.

Notwithstanding any other provision of these MLS Rules and Regulations to the contrary, the Service shall accept any listing that it is required to accept under California or Federal Law.

Broker participants shall input exclusive right to sell or exclusive agency listings on one to four unit residential property and vacant lots located within the service area of the MLS within 72 hours after all necessary signatures of seller(s) have been obtained on the listing. Only those listings that are within the service area of the MLS must be submitted. Open listings or listings of property located outside the MLS’s service area are not required by the Service but may be input at the broker participant’s option. Participants and subscribers must comply with the rules of every MLS within whose jurisdiction his or her listings are located. This includes, but is not limited to, the rules relating to showings, negotiations, presentation of offers, and reporting of sales. In the event of a conflict between the rules of the MLS where the property is located and the home MLS’s, the rules of the MLS in which jurisdiction the listed property is located shall apply.

If the seller refuses to permit the listing to be disseminated by the Service, the listing broker shall submit to the MLS within 72 hours a certification signed by the seller that the seller does not authorize the listing to be disseminated by the MLS. Failure to submit on time will result in a citation. (See Appendix A)

The MLS service area shall be determined by the MLS Council, subject to approval by the Board of Directors. If the A.O.R. has entered into regional MLS agreements or a regional MLS corporation with other MLSs and has enlarged the service area as part of the agreement, submission of the type of listings specified in section 6.3 is mandatory for the area covered by the combined service area of the Associations signatory to the regional MLS agreement or part of the regional MLS corporation.

Listing brokers shall input any change in listing information including listed price or other change in the original listing agreement to the MLS within 72 hours after the authorized change is received by the listing broker. By inputting such changes to the MLS, the listing broker represents that the listing contract has been modified in writing to reflect such change or that the listing broker has obtained other legally sufficient written authorization to make such change. Failure to submit on time will result in a citation (See Appendix A).

Listings of property may be withdrawn from the MLS by the listing broker before the expiration date of the listing agreement provided the listing broker has received written permission from the seller to withdraw the listing. The MLS may require the listing broker to provide a copy of written permission. Sellers do not have the unilateral right to require the MLS to withdraw a listing without the listing broker’s concurrence. However, the MLS reserves the right to remove a listing from the MLS data base if the seller can document that his or her listing agreement with the listing broker has been terminated or is invalid. (See Appendix A for citation on falsely reporting withdrawn/cancelled)

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

All listings input into the MLS shall be complete in every detail including full gross listing price, expiration date, compensation offered to other broker participants and any other information required to be included as determined by the MLS Council and approved by the Board of Directors. Listings that are incomplete shall be ineligible for publication in the MLS and subject to immediate removal.

In filing a property with the, MLS the broker participant makes a blanket unilateral contractual offer of compensation to the other MLS broker participants for their services in selling the property. A broker participant must specify some compensation to be paid to either a buyer’s agent or a subagent and the offer of compensation must be stated in one, or a combination of, the following forms 1) a percentage of the gross selling price; or 2) a definite dollar amount.. At the broker participant’s option, a broker participant may limit his or her offer of compensation to buyer’s agents only, to subagents only, or make the offer of compensation to both. Any such limitations must be specified on the property data sheet and in the MLS. The amount of compensation offered to buyers’ agents or subagents may be the same or different but must be clearly specified on the property data profile sheet. Broker participants wishing to offer subagency to the other MLS broker participants must so specify on the property data profile sheet and on the MLS. Otherwise, the offer of compensation does not constitute an offer of subagency.

The broker participant’s contractual offer (with or without subagency) is accepted by the participant/selling broker by procuring a buyer which ultimately results in the creation of a sales or lease contract. Payment of compensation by the listing broker to the participant/cooperating broker under this section is contingent upon either l) the final closing; or 2) the participating/listing broker’s receipt of monies resulting from the seller’s or buyer’s default of the underlying sales or lease contract. Notwithstanding this section, the listing broker and/or cooperating broker shall still retain any remedies they may have against either the buyer or seller due to default under the terms of the purchase agreement, listing agreement or other specific contract. Any dispute between participants arising out of this section shall be arbitrated under Section 15 of these Rules and shall not be considered a rules violation.

By offering compensation and/or subagency to broker participants, the listing broker is not automatically representing that the seller has consented to the cooperating broker acting as a dual agent representing both the buyer and the seller. No cooperating broker shall act as both an agent of the buyer and the seller without first contacting the listing broker and ascertaining that the seller has consented to such dual agency.

The listing broker may from time to time adjust the published compensation offered to all MLS broker participants with respect to any listing by changing the compensation offered on the MLS or providing written notice to the MLS of the change. Any change in compensation will be effective after the change is published in the MLS, either through electronic transmission or printed form, whichever occurs first.. The listing broker may revoke or modify the offer of compensation in advance as to any individual broker participant in accordance with general contract principles but in no event shall the listing broker revoke or modify the offer of compensation without the cooperating broker’s consent later than the time the cooperating broker (a) physically delivers or transmits by fax or e-mail to the listing broker a signed offer from a prospective buyer to purchase the property for which the compensation has been offered through the MLS, or (b) notifies the listing broker in person or by telephone, fax or e-mail that the cooperating broker is in possession of a signed offer from a prospective buyer to purchase the property for which the compensation has been offered through the MLS and is awaiting instructions from the listing broker as to the manner of presentation or delivery of that offer. Any independent advance revocations, modifications of the offer or agreements between real estate brokers are solely the responsibility of such brokers and shall not be submitted to, published by, or governed in any way by the Service.

If a listing broker has any interest in property, the listing of which is to be disseminated through the Service, that person shall disclose that interest on the MLS.

All properties which are to be sold or which may be sold separately must be indicated individually in the MLS and will be published separate. When part of a listed property has been sold the listing broker shall input the appropriate changes on the MLS.

Listings shall be removed from the MLS database on the expiration date specified on the listing unless the listing is extended or renewed by the listing broker. The listing broker shall obtain written authorization from the seller(s) before filing renewal of a listing. All renewals received after the expiration date of the original listing shall be treated as a new listing and will be subject to any fees applicable to a new listing. At any time and for any reason, the MLS has the right to request a copy of the seller’s written authorization to extend or renew a listing. If a listing broker is requested to provide a copy of such authorization and does not do so within 24 hours of the request, the listing shall be subject to immediate removal from the MLS. (See Citation Assessment Appendix A)

The MLS shall not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by participants. Further, the MLS shall not fix, control, recommend, suggest, or maintain the division of commissions or fees between cooperating participants or between participants and non-participants.

The existence of a dual or variable commission arrangement shall be disclosed by the listing broker by a key, code or symbol as required by the MLS. A dual or variable rate commission arrangement is one in which the seller agrees to pay a specified commission if the property is sold by the listing broker without assistance and a different commission if the sale results through the efforts of a cooperating broker, or one in which the seller agrees to pay a specified commission if the property is sold by the listing broker either with or without the assistance of a cooperating broker and a different commission if the sale results through the efforts of a seller. The listing broker shall, in response to inquiries from potential cooperating brokers, disclose the differential that would result in either a cooperative transaction or, alternatively, in a sale that results through the efforts of the seller.

The listing broker has the right to participate in the presentation of any counter-offer made by the seller or lessor. The listing broker does not have the right to be present at any discussion or evaluation of a counter-offer by the purchaser or lessee (expect where the cooperating broker is a subagent). However, if the purchaser or lessee gives written instructions to the cooperating broker that the listing broker not be present when a counter-offer is presented, the listing broker has the right to a copy of the purchaser’s or lessee’s written instructions.

Prior to inputting a listing to the Service, the listing broker shall obtain the written agreement of the seller expressly granting the listing broker authority to: l) file the listing with the Service for publication and dissemination to those authorized by the MLS; 2) act as an agent for the seller; 3) abide by the rules of the Service; 4) provide timely notice of status changes of the listing to the Service; 5) provide sales information including selling price to the Service upon sale of the property for publication and dissemination to those authorized by the MLS; and 6) publish sales information after the final closing of a sales transaction in accordance with these MLS Rules (See Section 9.2).

Listing brokers filing listings with the Service shall have a written listing agreement with all necessary signatures in their possession. Only listings that create an agency relationship between the seller and the broker participant are eligible for submission to the Service. By inputting a listing to the Service, broker participants and real estate subscribers represent that they have in their possession such written agreements establishing agency and the represented type of listing agreement. The Service shall have the right to demand a copy of such written listing agreements and verify the listing’s existence and adequacy at any time. The Service shall also have the right to demand a copy of seller’s written authorization required under these rules. If the broker participant or real estate subscriber fails to provide documentation requested by the Service within 24 hours, the Service shall have the right to immediately withdraw any listings from the database in addition to disciplining the participant and subscriber for a violation of MLS Rules.

By inputting the information into the MLS computer database, the listing broker represents that the input is accurate to the best of the listing broker’s knowledge. The listing broker shall use good faith efforts to determine the accuracy of the information and shall not submit or input information, which the listing broker knows to be inaccurate. Upon receipt of the first publication or electronic transfer by the MLS of such information, the listing broker shall make all necessary corrections. The MLS merely publishes the MLS information and has no affirmative responsibility to verify the accuracy of the MLS information. The MLS, however, reserves the right to require participants and subscribers to change their MLS information if the MLS is made aware of alleged inaccuracies in the MLS information and the MLS determines that such inaccuracies due in fact exist. If a participant or subscriber fails to make necessary or required corrections to their MLS information, the participant and subscriber shall indemnify and hold harmless the service for any claims, cost, damages or losses, including reasonable attorney fees and court costs, incurred by the MLS as a result of failure. In no event will the MLS be liable to any MLS participant, subscriber or any other party for any indirect, special or consequential damages arising out of any information published in the MLS and all other damages shall be limited to an amount not to exceed the MLS fees paid by the listing broker.

All references or use of the word "input" shall also include information which is submitted to the MLS for input in the MLS data base by the MLS staff, whether such information was provided to the MLS staff on a "property data form" or otherwise. The data fields are to be used only for the information specified (on the Input Sheet) for that data field. (See appendix A for citation)

All references to the buyer shall also include. All references to the seller shall also include lessor. All references to a purchase shall also include a lease. All references to a sale shall also include a lease.

Appointments for showings and negotiations with the seller for the purchase of listed property filed with the Service shall be conducted through the listing broker except under the following circumstances:

1. the listing broker gives the cooperating broker specific authority to show and/or negotiate directly with the seller, or
2. after reasonable effort and no less than 24 hours, the cooperating broker cannot contact the listing broker or his representative. However, the listing broker, at his option, may preclude such direct negotiations by the cooperating broker by giving notice to all participants through the MLS.

In the event all showings and negotiations will be conducted solely by the seller, the listing broker shall clearly set forth such fact on the first line of the "Remarks" section of the listing information published by the Service. (See Citation Assessment, Appendix A)

The listing broker must make arrangements to present the offer as soon as possible or give the cooperating broker a satisfactory reason for not doing so. In the event a listing broker will not be participating in the presentation of offers, the listing broker shall clearly indicate this fact .in the listing information published by the service.

The listing broker shall submit to the seller all offers until closing unless precluded by law, governmental rule or expressly instructed by the sellers otherwise.

The cooperating broker has the right to participate in the presentation of any offer to purchase he secures. The cooperating broker does not have the right to be present at any discussion or evaluation of that offer by the seller and the listing broker. However, if the seller gives written instructions to the listing broker requesting that the cooperating broker not be present when an offer the cooperating broker secured is presented, the cooperating broker shall convey the offer to the listing broker for presentation. In such event, the cooperating broker shall have the right to receive a copy of the seller’s written instructions from the listing broker. Nothing in this section diminishes or restricts the listing broker’s right to control the establishment of appointments for offer presentations.

The cooperating broker shall not use the terms of an offer to purchase to attempt to modify the listing broker’s offer of compensation to agents nor make the submission of an executed offer to purchase contingent on the listing broker’s agreement to modify the offer of compensation. However, failure of a cooperating broker to comply with this rule shall not relieve a listing broker of the obligation to submit all offers to the seller as required by Section 8.3.

If a cooperating broker wishes to acquire an interest in property listed with a listing broker, such contemplated interest shall be disclosed to the listing broker prior to the time an offer to purchase is submitted to the listing broker.

Listings with accepted offers shall be reported to the MLS or input into the MLS database as "pending" within 72 hours of the acceptance by the listing broker unless the negotiations were carried on under Section 8.1 (a) or (b) in which case the cooperating broker shall report to the MLS or input the listing in the MLS as "pending" and send copy to the listing changed status to the listing broker within 72 hours after acceptance. The listing shall be published on the MLS as pending with no price or terms prior to the final closing. Upon final closing, the listing broker shall report or input the listing as "sold" within 72 hours of the final closing date. Listings which were not input into the MLS as a result of seller’s instructions may be input into the MLS "sold" data at the listing broker’s option. Failure to report pending within the required time will result in a citation. (See Appendix A).

The listing broker shall report immediately to the Service the cancellation of any pending sale and the listing shall be reinstated immediately as long as there is still a valid listing. Failure to report within the required time will result in a citation (See Appendix A).

If the seller of any listed property filed with the Service refuses to accept a written offer satisfying the terms and conditions stated in the listing, such fact shall be transmitted immediately to the Service and to all participants.

The listing broker shall report to the MLS within 72 hours that contingency on file with the MLS has been fulfilled or removed. Failure to report within the required time will result in a citation (See Appendix A).

The term "MLS compilation" includes, but is not limited to, the MLS computer database, downloaded data, all printouts of data from the MLS computer database, and all MLS publications.

"Active listings MLS compilation" shall mean that portion of the MLS compilation that includes listings currently for sale and all other indexes and other information relating to the current information.

"Comparable data MLS compilation" shall mean that portion of the MLS compilation that includes the off market data, sold and appraisal information regarding properties that are not currently for sale and all indexes and information relating to the sold information compilation.

By submitting any property listing data form to the MLS or inputting listing information into the MLS compilation, participants and subscribers represent that they have been authorized to grant and also thereby do grant authority for the A.O.R. to include the property listing data in its copyrighted MLS compilation. By submitting any property listing data form to the MLS, participant and subscriber represent that they have been authorized to report information about the sales, price and terms of a listing, have authority to grant and also thereby do grant authority for the A.O.R. to include the sold information in its copyrighted MLS compilation.

By submitting photographs to the MLS, the participant and/or subscriber represents and warrants that it either owns the right to reproduce and display these photographs and/or has procured such rights from the appropriate party, and has the authority to grant and hereby grants the MLS and other participants and subscribers the right to reproduce and display the photographs in accordance with these rules and regulations. Photos with e-mail and/or website addresses are not allowed in the MLS. (See Citation Appendix A)

All right, title, and interest in each copy of every MLS compilation created and copyrighted by the A.O.R. and in the copyrights therein, shall at all times remain vested in the A.O.R. The A.O.R. and MLS shall have the right to license such compilations or portions thereof to any entity pursuant to terms agreed upon by the Board of Directors.

Each Participant shall be entitled to lease from the A.O.R. the number of copies of each MLS compilation of active listing information sufficient to provide the participant and subscriber with one copy of such MLS compilation. Participants and subscribers shall acquire by such lease only the right to use the MLS compilations in accordance with these rules. Clerical users may have access to the information solely under the direction and supervision of the participant or subscriber. Clerical users may not provide any MLS compilation or information to persons other than the participant or the subscriber under whom the clerical user is registered.

11. PROHIBITIONS AND REQUIREMENTS

Participant and subscriber are required to notify the MLS within 24 hours of any final action taken by the DRE (OREA) against the participant, subscriber or any licensee affiliated with the participant or subscriber including, but not limited to and final decisions restricting, suspending or revoking a real estate license or appraisers certification or license of a participant, the participant’s firm or corporation under which the participant or subscriber acts, or any licensee affiliated with the participant or the participant’s firm or licensee or appraiser who was affiliated with the participant or participant’s firm at the time of the underlying act.

If a participant, subscriber, appraiser or a licensee affiliated with a participant or subscriber commits a felony or a crime involving moral turpitude or violates the Real Estate Law or the laws relating to appraisers, the participant and subscriber shall be in violation of this section. However, a participant or subscriber shall not be found to have violated this section unless the participant, subscriber, appraiser or salesperson licensed to the Participant, has been convicted, adjudged, or otherwise recorded as guilty by a final judgment of any court of competent jurisdiction of l) a felony; or (2) a crime involving moral turpitude; or 3) on a determination by any court of competent jurisdiction, or official of the State of California authorized to make the determination, that the participant or subscriber violated a provision of the California Real Estate Law or Regulation of the Real Estate Commissioner or laws relating to appraisers.

In addition to the notification requirements of paragraph 11.1, a participant may not allow any licensee under the participant’s license whose license has been revoked, suspended or restricted by the DRE to use the MLS in any manner while the DRE discipline is in effect except that the licensee may use the MLS under a restricted license providing such use is consistent with and does not violate such license restrictions.

Participants and subscribers shall not solicit a listing filed with the Service unless such solicitation is consistent with Article 16 of the N.A.R. Code of Ethics, its Standards of Practice and its Case Interpretations. The purpose of this section is to encourage sellers to permit their properties to be filed with the Service by protecting them from being solicited through unwanted phone calls, visits and communications, prior to expiration of the listing, by brokers and salespersons seeking the listing upon its expiration. This section is also intended to encourage brokers to participate in the Service by assuring them that other participants and subscribers will not attempt to persuade the seller to breach the listing agreement or to interfere with the listing broker’s attempts to market the property. This section does not preclude solicitation of listings under circumstances otherwise permitted under Article 16 of the N.A.R. Code of Ethics its Standards of Practice and its Case Interpretations.

Participants and subscribers may not use the remarks in a property data profile sheet or listing submitted to the MLS or inputted directly into the MLS database for purposes of disparaging other real estate agents or conveying information about other offices or for conveying any other information that does not directly relate to the marketing of the listing.

1. No agent information is to appear in the first three lines of the remarks.
2. No reference to title or escrow shall be in the remarks section of any MLS listing.
3. Agents that refer to "when offers will be presented" in the remarks, must update change in presentation date and time prior to four (4) hours of the new date and/or time of presentation.

Only the "For Sale" signs of the listing broker may be placed on the property.

Only broker participants or real estate subscribers who participated in the transaction as the listing broker or cooperating broker may claim to have "sold" the property. Prior to closing, a cooperating broker may post a "sold" sign on a property only with the consent of the listing broker. This section does not, however, prohibit any broker from advertising the addresses and prices of the properties that have sold in a neighborhood after the information regarding the properties has been published as long as the advertisement otherwise presents a "true picture". As is meant under Article 12 of the N.A.R Code of Ethics, its Standards of Practice and its Case Interpretations.

A listing shall not be advertised by any participant or subscriber, other than the listing broker, without the prior consent of the listing broker.

Except as provided in Section 11.7 11.15 and 11.18, truthful use of information from the MLS compilation of current listing information from the A.O.R. "Statistical Report" or from a "sold" or "comparable" report of the A.O.R. or MLS for public mass media advertising by an MLS participant or subscriber or in other public representations for purposes of demonstrating market share is not prohibited. However, any print or non-print forms of advertising or other forms of public representations must clearly demonstrate the period of time over which such claims are based and must include the following, or substantially similar, notice:

Based on information from the Bay East Association of REALTORS® (alternatively, from the A.O.R. MLS for the period (date) through (date).

Participants and subscribers may not engage in false or misleading advertising, including, but not limited to, advertisements or representations regarding the participant’s or subscriber’s relationship to the Service, about the Service itself, or about any property listed with the Service.

In recognition that the purpose of the MLS is to market properties and offer compensation to other broker participants and real estate subscribers for the sole purpose of selling the property, and that sellers of properties filed with the Service have not given permission to disseminate the information for any other purpose, participants and subscribers are expressly prohibited from using MLS information for any purpose other than to market property to bonafide prospective purchasers or to support market evaluations or appraisals as specifically allowed by Section 11.14, 11.15, and 11.16. Any use of the MLS information inconsistent with these sections is expressly prohibited. Nothing herein in this section, however, shall limit the A.O.R. from entering into licensing agreement with MLS participants and subscribers or other third parties for use of the MLS information.

Any information provided by the Service to the participants and subscribers shall be considered and treated as confidential by participants and subscribers and shall be for the exclusive use of the participants and subscribers for purposes described in Section 11, 1.7 & 11.11 11.14 11.15, 11.16 and this section. Participants and subscribers shall at all times maintain control over and responsibility for each copy of any MLS compilation leased to them by the A.O.R. and shall not distribute any such copies to persons other than participants and subscribers. Participants and subscribers are responsible for the security of their pass codes and shall not give or allow use of or make available their pass codes to any person. Participants and subscribers may reproduce or display the information as provided in these rules.

A.O.R. members who are actively engaged in real estate brokerage, management, mortgage financing, appraising, land development, or building, but who do not participate in the Service, are nonetheless entitled to receive by purchase or lease, all information other than current listing information that is generated wholly or in part by the MLS including ‘comparable’ information, ‘sold’ information, and statistical reports. This information is provided for the exclusive use of Association Members and individuals affiliated with A.O.R. members who are also engaged in the real estate business and may not be transmitted, retransmitted or provided in any manner to any unauthorized individual, office or firm except as otherwise specified in these rules and regulations.

Subject to Sections 11.5 and 11.16 broker participants and real estate subscribers, shall be permitted to display the MLS compilation in either electronic or printed format to specifically identified and bonafide prospective purchasers only in conjunction with their ordinary business activities or attempting to locate ready, willing and able buyers for the properties described in said MLS compilation. Broker participants and real estate subscribers shall be permitted to display the MLS compilation in either electronic or printed format to specifically identified and bonafide sellers or prospective sellers only in conjunction with their ordinary business activities in listing properties. Appraiser participants and appraiser subscribers shall be permitted to display the MLS compilation to the person requesting the appraisal only in conjunction with their ordinary business activities of producing a written appraisal. Such displays under this section shall be only in the immediate presence of the participant or subscriber.

"Reproduction" shall include, but not be limited to, making photocopies, computer printouts, electronic transfers, (including email) or downloading of MLS data or compilations. Participants and subscribers or their affiliated licensees shall not reproduce any MLS compilation or any portion thereof except in the following limited circumstances:

1. Property owner’s name, phone number, and address (if different than the listed property);
2. Showing instructions including any references to a lockbox, burglar alarm or any security system, or to the vacancy of the property;
3. Type of listing;
4. Compensation or bonuses offered to subagents and cooperating brokers.
5. Other information which goes beyond a description of the property

1. Access to the computer receiving the information is strictly limited to authorized participants, subscribers and clerical users as defined in these rules; and
2. The information is only retransmitted to the participants, subscribers and clerical users as defined in these rules and.
3. The information is not reformatted or used to create another product except as may be used by the participant who downloaded the data and such use strictly complies with sections 11.7 and 11.11, 11.15 and 11.16.

1. Notwithstanding anything in these rules and regulations to the contrary, participants and subscribers may not download, display or reproduce the listings of other participants and subscriber on the Internet in any manner whatsoever without the prior written consent of the listing broker. Consent is assumed unless affirmatively withheld by the listing broker. Participants and subscribers may download, display, or reproduce their own listing information on the Internet. The purpose of this section is to insure the confidentiality of the active listing MLS compilation and to prevent unauthorized use or unauthorized advertising of the active listing without the listing broker’s consent. This section does not prohibit participants and subscribers from linking their own Internet sites to other Internet sites where other brokers’ listings may be advertised or where MLS information may be licensed provided such linking does not constitute false or misleading advertising and otherwise presents a "true picture" as is meant under Article 12 of the N.A.R. Code of Ethics, its Standards of Practice and its Case Interpretations.
2. The listing broker’s consent for such internet display is presumed, in satisfaction of Rule 11.8, unless a listing broker affirmatively notifies the MLS that the listing broker refuses to permit display on a listing-by-listing basis.
3. All listings on a participant‘s or subscriber’s site or displayed by framing or other electronic means, shall identify the name and telephone number of the firm and the name and telephone number of the listing agent.
4. The firm name and telephone number and agent name and telephone number shall appear directly under the listing price of the property displayed and it shall be in at least the same font size, the same color and same typeface as the displayed listing price.<