FMLS Rules & Regulations
FMLS
Effective November 27, 2012
These FMLS Rules and Regulations, as may be amended from time to time, shall be binding upon all Members as a condition of their continued membership.
Rule 1 - Definitions
Rule 2 - Duties of FMLS Office
Rule 3 - Listings of Properties
Rule 4 - Permitted Exceptions to Exclusive Right to Sell Contract
Rule 5 - Listing of Substantially Similar Properties in Multiple Unit Developments
Rule 6 - Compulsory Listing Area
Rule 7 - Multiple Listing Procedures
Rule 8 - Withdrawals and Extensions of FMLS Listings
Rule 9 - Re-issuance of Listings, Duplicate Listings, Dual Listings and Shadow Listings
Rule 10 - Promotion of Properties Listed with FMLS
Rule 11 - Use and Disclosures of FMLS Content
Rule 12 - Disclosures of FMLS Content by Automated Means (including VOWs)
Rule 13 - IDX Internet Posting of Listings
Rule 14 - Sales of FMLS Listing
Rule 15 - Offers After Expiration or Withdrawal of FMLS Listing
Rule 16 - Fees Due FMLS
Rule 17 - Rental Properties
Rule 18 - FMLS Listing Effective as Provided in the Listing Contract
Rule 19 - Professional Conduct and Responsibility of Members
Rule 20 - Violations of Bylaws and Rules and Regulations
Rule 21 - Specific Penalties for Infractions of Certain FMLS Rules and Regulations
Rule 22 - Availability of FMLS Services to Non-FMLS Members
Rule 23 - FMLS Forms
Rule 24 - FMLS Services
Rule 25 - Calculation of Time
Rule 26 - Interpretation and Amendment of Rules and Regulations
Rule 27 - FMLS Service Marks
Rule 2 - Duties of FMLS Office
Rule 3 - Listings of Properties
Rule 4 - Permitted Exceptions to Exclusive Right to Sell Contract
Rule 5 - Listing of Substantially Similar Properties in Multiple Unit Developments
Rule 6 - Compulsory Listing Area
Rule 7 - Multiple Listing Procedures
Rule 8 - Withdrawals and Extensions of FMLS Listings
Rule 9 - Re-issuance of Listings, Duplicate Listings, Dual Listings and Shadow Listings
Rule 10 - Promotion of Properties Listed with FMLS
Rule 11 - Use and Disclosures of FMLS Content
Rule 12 - Disclosures of FMLS Content by Automated Means (including VOWs)
Rule 13 - IDX Internet Posting of Listings
Rule 14 - Sales of FMLS Listing
Rule 15 - Offers After Expiration or Withdrawal of FMLS Listing
Rule 16 - Fees Due FMLS
Rule 17 - Rental Properties
Rule 18 - FMLS Listing Effective as Provided in the Listing Contract
Rule 19 - Professional Conduct and Responsibility of Members
Rule 20 - Violations of Bylaws and Rules and Regulations
Rule 21 - Specific Penalties for Infractions of Certain FMLS Rules and Regulations
Rule 22 - Availability of FMLS Services to Non-FMLS Members
Rule 23 - FMLS Forms
Rule 24 - FMLS Services
Rule 25 - Calculation of Time
Rule 26 - Interpretation and Amendment of Rules and Regulations
Rule 27 - FMLS Service Marks
1.1 "Affiliated technology/marketing partner" or "ATMP" shall mean, with regard to any Member, a person or entity engaged by that Member to assist the Member in making use of the FMLS Content under the terms permitted in these Rules, and includes contractors commonly referred to as "Affiliated VOW Partners" or "AVPs."
1.2 "Automated means" shall have the meaning given to it in Section 12.1(a).
1.3 "Associate Member" shall mean any licensed real estate sales person actively working with a Principal Member. See Section 7.3 of the Bylaws.
1.4 "Board" or "Board of Directors" shall mean the Board of Directors of FMLS.
1.5 "Compulsory listing area" shall mean that geographic area, as fixed from time to time by the Board, within which Members are required to list certain types of properties with FMLS.
1.6 "Contingent contract" shall mean any contract for the purchase of a property listed with FMLS containing any contingency clause other than contingency clauses for a satisfactory inspection of the property or the financing of the purchase of the property.
1.7 "Electronic Means" shall mean an internet website or a mobile device application.
1.8 "Exclusive right to sell contract" shall mean a listing contract for the sale of real property pursuant to which the listing broker is entitled to the agreed commission if the property is sold to anyone within the time period of the contract by any party, or is otherwise entitled to compensation under the contract. An "exclusive right to sell contract" shall have no exclusions except as permitted by Rule 4 below.
1.9 "FMLS computer system" shall mean the computer system and related database maintained by FMLS for the use of its Members.
1.10 "FMLS Content" shall mean any information submitted to FMLS by any Member or otherwise maintained by FMLS in its computer system database (regardless of whether such FMLS content is downloaded to another computer system) or which exists in any compilation or is otherwise reproduced by FMLS for the use of its Members.
1.11 "FMLS listing" shall mean a listing of property which, pursuant to Rule 3 hereof, is required to be or which may be and is listed with FMLS.
1.12 "FMLS office" shall mean FMLS' principal place of business located in
Suite 2081.2 "Automated means" shall have the meaning given to it in Section 12.1(a).
1.3 "Associate Member" shall mean any licensed real estate sales person actively working with a Principal Member. See Section 7.3 of the Bylaws.
1.4 "Board" or "Board of Directors" shall mean the Board of Directors of FMLS.
1.5 "Compulsory listing area" shall mean that geographic area, as fixed from time to time by the Board, within which Members are required to list certain types of properties with FMLS.
1.6 "Contingent contract" shall mean any contract for the purchase of a property listed with FMLS containing any contingency clause other than contingency clauses for a satisfactory inspection of the property or the financing of the purchase of the property.
1.7 "Electronic Means" shall mean an internet website or a mobile device application.
1.8 "Exclusive right to sell contract" shall mean a listing contract for the sale of real property pursuant to which the listing broker is entitled to the agreed commission if the property is sold to anyone within the time period of the contract by any party, or is otherwise entitled to compensation under the contract. An "exclusive right to sell contract" shall have no exclusions except as permitted by Rule 4 below.
1.9 "FMLS computer system" shall mean the computer system and related database maintained by FMLS for the use of its Members.
1.10 "FMLS Content" shall mean any information submitted to FMLS by any Member or otherwise maintained by FMLS in its computer system database (regardless of whether such FMLS content is downloaded to another computer system) or which exists in any compilation or is otherwise reproduced by FMLS for the use of its Members.
1.11 "FMLS listing" shall mean a listing of property which, pursuant to Rule 3 hereof, is required to be or which may be and is listed with FMLS.
1.12 "FMLS office" shall mean FMLS' principal place of business located in
5457 Roswell Road,
Atlanta, Georgia 30342-0128,
or at such other location as the Board may select from time to time.
1.13 "IDX Display," "IDX Content," and "IDX Policies and Procedures Manual" shall have the meanings given them in Section 13.1.
1.14 "Member" shall mean each Principal Member of FMLS and each Associate Member of FMLS as those terms are defined in Sections 7.2 and 7.3 of the Bylaws, and each person acting on behalf of such Principal Member or Associate Member.
1.15 "Owner" shall mean the holder, or his duly authorized representative, of the title to real property listed or to be listed with FMLS.
1.16 "Principal Member" shall mean a stockholder or subscribing member, as those terms are defined in Section 7.2 of the Bylaws, and each person authorized to and acting on behalf of such stockholder or subscribing member.
2.1 To act as a central processing and distribution point for the benefit of Members.
2.2 To receive listings and other specified material from Members, process such information and distribute necessary information to Members.
2.3 To maintain, on a confidential basis, information and materials related to the business of FMLS. Information and materials related to the business of FMLS shall be made available to Principal Members on a uniform and consistent basis.
3.1 All improved and unimproved real estate listed for sale under an exclusive right to sell contract with a Principal Member must be listed with FMLS except as provided in Rules 3.2 and 3.3 hereof. All FMLS listings are required to be placed in the proper class of property and in the actual geographical area in which they are located (Exception: see Rule 9.4). Members shall make every effort to input accurate listing data into the FMLS system, including, but not limited to, a list price that represents the amount the Seller is willing and able to accept given other reasonable contract terms. Additionally, photos shall not be altered or enhanced in any way that might misrepresent the property.
3.2 Subject to Rule 3.3 hereof, the following types of improved or unimproved real estate listed under an exclusive right to sell contract with a Principal Member may, but are not required to be, listed with FMLS:
a) Property outside of FMLS' compulsory listing area.
b) Commercial or industrial property.
c) New residential dwellings including condominiums under construction from date of starting until the interior has been sheet rocked. Note: When the interior of such a residential dwelling is sheet rocked, such dwelling must be listed with FMLS, except as provided in Rule 5.
d) Mobile homes if, but only if, the real property on which the mobile home is situated is included in the listing.
e) Property listings that offer no commission (or a commission in the amount of zero) to a cooperating Member.
3.3 Any other provision in these Rules and Regulations notwithstanding, the following properties cannot be listed with FMLS:
a) Any property not listed with a Principal Member.
b) Any property listed with a Principal Member other than under an exclusive right to sell contract.
c) Any mobile home for sale separate from the real property on which the mobile home is situated.
d) Any time-sharing property.
e) Any property subject to a co-listing or joint listing agreement, whether between two Principal Members or a Principal Member and a non-Member, except on properties located in states other than Georgia.
4.1 FMLS will accept listings:
a) From businesses which have purchased houses from transferred employees which provide that the real estate commission and the prevailing release charge will be waived and the listing canceled if, but only if, the business sells the property to one of its own employees, provided that the property has not been shown to the buyer by a Member during the period of the listing;
b) Subject to an existing conditional or contingent sales contract; and
c) Which exclude third party companies in the business of buying homes of transferred employees as potential purchasers for which a commission would be due.
5.1 In the event that a Member has an exclusive right to sell listing on a single condominium development (new condominium project or a condominium conversion) of multiple properties, which must be listed with FMLS under Rule 3.1 or which may be listed with FMLS under Rule 3.2, the following provisions shall apply:
a) The Member may list one of each substantially similar property in the development with FMLS in lieu of listing each property in the development with FMLS.
b) Each listing, or its replacement, shall remain in the FMLS computer system throughout the period of the listing agreement and any extensions thereof until all substantially similar properties are sold.
c) FMLS shall receive its normal fee on the sale of each property in the development when that property has been placed under contract after the interior of the property has been sheet rocked. (See Rule 3.2.c).
d) The sale of each property in the development on which an FMLS fee is to be paid shall be entered into the FMLS computer system by the listing Member at the time of contract acceptance. Simultaneously the listing Member shall notify the selling Member that an FMLS fee is due.
e) The determinations of what constitutes a single development and what constitutes substantially similar properties shall be made by the Board, the decision of which is final.
f) The Board may require that the Member periodically submit to FMLS information to be determined by the Board with respect to properties qualifying for listing under this Rule.
6.1 The geographical area covered by FMLS is divided into two (2) categories:
a) A compulsory listing area in which all properties, subject to the provisions of Rules 3 and 4 hereof, must be listed with FMLS. The compulsory areas are the following counties: Barrow, Bartow, Cherokee, Chatooga, Cobb, Dawson, DeKalb, Douglas, Floyd, Forsyth, Fulton, Gordon, Gwinnett, Hall, Haralson, Jackson, Lumpkin, Paulding, Pickens, Polk and Walton.
b) All other areas are considered non-compulsory. Listings on properties in these areas, subject to the provisions of Rules 3 and 4 hereof, may be listed with FMLS.
7.1 All FMLS listings must be entered into the FMLS computer system within forty-eight (48) hours after the beginning date of the "term" of the listing. No paperwork is required to be sent to FMLS. Exception: FMLS reserves the right to request submission of listing agreement(s) in cases of disputes, dual listings, sign rider verbiage or any other reason to check compliance with FMLS rules. Failure to comply with a request for submission of listing agreement(s) may result in a fine being imposed.
7.2 At least one photo must be entered into the FMLS computer system within forty-eight (48) hours after the entry date of the listing.
7.3 Any additional information concerning FMLS listings, including but not limited to changes in price, must be entered into the FMLS computer system within forty-eight (48) hours of the owner's notification to the Member of such information. No paperwork is required to be sent to FMLS.
8.1 Withdrawals
a) The listing Member may withdraw any active listing by written notification signed by the owner and Member requesting the withdrawal. FMLS will bill the listing company the $25.00 withdrawal charge.
b) EXCEPTIONS: The $25.00 withdrawal fee will be waived: i) when listings are in the rental class and active listing "for sale class" simultaneously with the same company, upon the renting of the property. FMLS must be notified of both FMLS listing numbers assigned to the property; ii) in accordance with the provisions in Rule 9.3.
8.2 Extensions
a) An FMLS listing may be extended before its expiration for any length of time by the listing Member by revising the expiration date in the FMLS computer system. No paperwork is required to be sent to FMLS.
b) For (30) thirty days after the listing has expired, the listing member can change the status back to active for any length of time.
c) An FMLS listing that has expired for more than thirty (30) days will, upon any re-listing, be treated as a new FMLS listing and a new listing agreement is required to be submitted to FMLS.
9.1 Re-issuance of Listings: Properties listed with FMLS may be assigned new FMLS listing numbers at the request of the listing Member prior to the expiration of the FMLS listing for a charge of $25.00 per listing, which will be billed to the listing company.
9.2 FMLS allows only one active listing for each property with the following exceptions:
a) A Member may have an FMLS listing placed in one additional property class, in any combination except Residential-Detached & Residential-Attached. A fee of $35.00 for each duplicate listing will be billed to the listing company, except for Rental listings.
b) A fee of $7.00 for each Rental listing will be billed to the listing company.
9.3 Dual Listings: If the same listing is entered into FMLS by different brokers, both brokers will be notified of the existence of a dual listing and the original broker will be given the opportunity to release the listing. However, if the original listing broker does not release the listing within 5 business days, and the new broker has provided a listing agreement and FMLS Form #110 signed by the owner, showing that the owner has terminated the original listing, the second listing will be reinstated and the original listing will be withdrawn at no charge.
Exceptions:
a) In situations where the original listing has been extended without the owner's consent, the second listing will be immediately reinstated by FMLS upon receipt of form #111 signed by the owner. The original listing will be withdrawn at no charge.
b) When a change of ownership (example: a foreclosure) takes place, the second listing will be immediately reinstated by FMLS upon receipt of form #112 signed by the new owner. The original listing will be withdrawn at no charge.
9.4 Shadow Listings: FMLS has a special program for "shadow" listings. This program is for members who, in an attempt to obtain more traffic and showing activity, desire a particular listing to show up in Area searches for a different area (adjacent area) in addition to the one in which the property is actually located. Only FMLS staff can edit the shadow flag and it can only be done for one adjacent area per listing. FMLS members may request a shadow listing area by submitting FMLS Form #115. The fee for a shadow listing is $40.00 which will be billed to the broker.
10.1 The right to place signs on properties listed with FMLS is held exclusively by the listing Member through date of closing.
10.2 Incentives and/or bonuses, if mentioned, must specify that they will be paid to the "selling broker", not the "selling agent".
10.3 Reference to square footage shall not be disclosed or referenced in the FMLS computer system except for: a) fields specifically provided for square footage in the Residential-Attached and Residential-Detached property types; and b) square footage is permitted to appear in the public remarks for the Rental, Multi-Family and Commercial property types as long as it is stated "approximate square footage".
10.4 Each time a Member or representative, with the exception of the listing agent, enters an FMLS property the representative of the member shall leave one, but only one, business card.
10.5 Except as related to showing or listing properties for a specific client, any marketing or other promotional materials (other than internet websites and mobile device applications, hereafter referred to as Electronic Means) produced or distributed by any Member which describe or reference listed properties must correctly state the name of the listing broker of each property. For Electronic Means guidelines see Rules 12 and 13.
10.6 Except as related to showing or listing properties for a specific client, any marketing or other promotional materials, including printed matter, e-mails and internet sites, produced or distributed by any Member, which describe or reference sold properties, must not misrepresent the role of said Member in such transaction.
10.7 Promotion in FMLS listings is intended to be of the property and its attributes only, not self-promotion of Members, businesses or other entities. Self-promotion includes, but is not limited to, the insertion of any names, contact information, computer links and personal or company URL addresses.
a) In particular, self-promotion and other extraneous information are specifically prohibited in the following sections of a listing:
1. Photos
i. No text may be superimposed on photos.
ii. No text may appear in the fields provided for photos other than for descriptive text of the property's attributes.
iii. Photos of anything other than the subject property's attributes are not permitted.
2. Public Remarks
3. Directions
4. Virtual Tours
i. No text may appear in a Virtual Tour other than for descriptive text of the property's attributes.
ii. No text may be superimposed on any virtual tour.
b) Attached Documentation must pertain directly to the subject property.
c) Sketches, drawings and graphical representations, such as those of new, not yet built properties, may be used in lieu of a photo but:
1. Must be representative of the specific listed property
2. No promotional text may be superimposed or appear in any manner.
10.8 No photographs, videotapes or motion pictures of the interior of a listed property may be taken without the express written consent of the listing agent.
11.1 FMLS Members are assigned a user name and password to access the FMLS computer systems upon submission to FMLS of a valid Computer User Form signed by the Principal Member. The user name and password are made available only for the individual member's use. The individual user is responsible for any misuse or abuse of that access. Any Member who discloses their password to another person or party, other than a team member or assistant within that office, is subject to a fine of up to $1,000 and termination of FMLS services.
11.2 From time to time FMLS members may be required to accept the FMLS Terms of Use to access the FMLS website or the FMLS systems. These Terms of Use bind the FMLS Member to accept and abide by these FMLS Rules & Regulations, which may be amended from time to time by the Board of Directors.
11.3 When Disclosure of FMLS Content is Permitted
No Member may disclose any portion of FMLS Content to any non-Member except if the disclosure happens in a context where at least one of the following is true:
a) The disclosure is by a Member to a recipient who is bona fide client or customer of the disclosing Member, and the disclosure is made for the purpose of advancing the recipient's decision-making or action with regard to a transaction with which the disclosing Member is assisting the recipient.
b) The disclosure is an IDX Display compliant with Rule 13 and the IDX Policies and Procedures Manual.
c) The disclosing Member has obtained written permission directly from the Member who is the listing broker for the listing record(s) involved, and the disclosure is within the scope of that grant of permission.
11.4 Disclosure to Member Affiliated Technology/Marketing Partners
A Member may disclose the FMLS Content to an affiliated technology/marketing partner (ATMP) only to the extent necessary to permit the ATMP to assist the Member in an activity otherwise permitted to the Member under these Rules and subject to any license agreement that FMLS imposes on the Member and the ATMP.
11.5 All Other Disclosures Prohibited
Except as provided in Rule 11.3 and Rule 11.4, no Member may disclose the FMLS Content or any portion of it to any non-Member. Without limiting the generality of the previous sentence, the disclosure, redistribution, re-licensing, or resale of the FMLS Content, or any portion of it, to any person or entity under any conditions and by any means is strictly prohibited, except as expressly provided in these Rules.
11.6 Portions of FMLS Content Subject to Restricted Disclosure by Any Means
The restrictions of this Section 11.6 apply to all disclosures of FMLS Content permitted under these Rules, including disclosures by traditional means, automated means, and IDX.
a) No Member may disclose any of the following fields of data to any non-Member under any circumstances:
Showing Instructions
b) No Member may disclose any of the following fields of data to any non-Member except when (and only to the extent) required by applicable law or code of ethics:
Binding Agreement Date
Owner Name
Owner Phone
Private Remarks
Selling Commission
Variable Rate Commission
Owner Name
Owner Phone
Private Remarks
Selling Commission
Variable Rate Commission
11.7 Altering Data
No Member shall alter the content of any listing provided by another Member before disclosing it to a consumer by any means, including by traditional means, automated means, or IDX.
11.8 Correction of Errors
If a Member discloses the listing of another Member by any means, whether traditional means, automated means, or IDX, and the disclosing Member supplements the FMLS Content in the disclosure with data or material from other sources, the disclosing Member must be available via the communications methods and addresses on file with FMLS (in the FMLS roster) to receive comments from the listing broker regarding the accuracy of the supplemental material and correct any factual error relating to any specific property within 48 hours of learning of it.
11.9 FMLS Content Subject to Copyright
All FMLS Content is proprietary to FMLS and is subject to protection by federal copyright laws. Any display of FMLS Content, whether by traditional means, automated means, or IDX shall include on each page a copyright notice in this form: "Copyright xxxx First MLS" where "xxxx" is replaced with the current year. These Rules constitute a non-exclusive license, and not an exclusive license or assignment, to Members to reproduce and display the FMLS Content solely as expressly permitted in these Rules. Any use for any other purpose is strictly prohibited.
11.10 FMLS Accuracy Disclaimer
Any display of FMLS Content, whether by traditional means, automated means, or IDX shall include on each page a disclaimer of accuracy in this form: "Listing content is believed accurate but not guaranteed".
11.11 Limiting Number of Listing Records in Response to an Inquiry
Any display of FMLS Content, whether by traditional means, automated means, or IDX, shall limit the number of listing records displayed in response to a single consumer inquiry to 1,000.
11.12 Co-mingled Content
Where listing content from any source other than FMLS is included on the same page as FMLS Content, the FMLS Content must be displayed distinctly from the content from other sources, the FMLS logo must appear within or immediately adjacent to each listing from the FMLS Content, and an explanation must appear with the FMLS logo indicating that all listings marked with the FMLS logo come from FMLS.
11.13 Appearance of Disclosures
All notices and disclosures required by these rules (including those required under Sections 11.9, 11.10, and 11.12) must appear directly following, and must be at least as prominent in size, color and other appearance attributes as, the text of the FMLS Content appearing on the page.
11.14 No Deceptive Displays
No FMLS member may display FMLS Content so that a reasonable consumer would be deceived regarding the origin of the listing, the nature of the listing, or any portion of the data in the listing. No display of FMLS Content relating to the listing of another Broker may include the branding or logo of the displaying broker inside the body of the FMLS Content. The "body" of the FMLS Content is a rectangle, the sides of which are defined by the utmost extent of the FMLS Content (including all text and images, and image placeholders) in each direction.
12.1 Brokerage Relationship and Services by Automated Means Permitted
a) "Automated means" shall mean technology under a Member's control that allows the Member to interact with any person for purposes of forming a brokerage relationship or delivering brokerage services without the intervention of a human being. This includes website and mobile device applications (both referred to hereafter as “Electronic Means”) commonly referred to as "virtual office websites" or VOWs.
b) Members may deliver brokerage services via automated means to customer/clients with whom the Members have previously established bona fide brokerage relationships, subject to the requirements of these Rules. A Member providing brokerage services via automated means may provide other features, information, or functions, including, for example, IDX Display. Where permitted by applicable law, the FMLS Board of Directors may prohibit specific automated means if, in the reasonable judgment of the Board, the means creates unreasonable burdens on listing Members or a potential for substantial harm to consumers. Prohibited automated means, if any, shall be identified in these Rules.
c) Members may form brokerage relationships with customers/clients by automated means, subject to the requirements of these Rules.
12.2 Requirements to Establish a Brokerage Relationship by Automated Means
In order for a Member to form a bona fide brokerage relationship with a customer/client by automated means for purposes of these Rules, the Member must satisfy each of the following requirements:
a) The Member must satisfy all the requirements of state law to establish a brokerage relationship, including making any applicable disclosures and elections as to form of representation and entering into any required agreements.
b) The Member must obtain the name and valid email address for the customer/client and must validate the email address.
c) If the Member will provide access to the FMLS Content by automated means, the customer/client must have a unique user ID and a password to access the automated means. The Member may supply the user ID and password or allow the customer/client to select them. The Member must require the customer/client to change his/her password at least once every 90 days. No customer/client email address may be associated with more than one user ID.
d) The customer/client must assent by affirmative means to a terms of use agreement, in order to access the FMLS Content, that includes at least the following terms:
1) The customer/client acknowledges entering a brokerage relationship with the Member as a bona fide customer/client.
2) The customer/client agrees to make only personal and non-commercial uses of the FMLS Content and only to advance the customer/client's interest in the purchase, sale, or lease of real estate of the type offered by the Member.
3) The customer/client acknowledges FMLS's ownership of, and the validity of FMLS's copyright in, the FMLS Content.
4) Any other terms necessary in the Member's reasonable judgment and consistent with these Rules.
5) The Member expressly consents for other Members and FMLS (and their authorized representatives) to access the Member's automated means for purposes of assessing the Member's compliance with these Rules.
12.3 Requirements for Disclosing FMLS Content by Automated Means
Any disclosure of FMLS Content by automated means must be consistent with Section 11.3 and the requirements of this Section 12.3:
a) The disclosing Member shall retain records of the name, email address, user ID, password, and user log of every recipient of automated disclosures for a period not less than 180 days after the last disclosure of FMLS Content to the recipient. The user log shall include a record of each search and record display in which the recipient engages.
b) If FMLS notifies the Member that FMLS has reason to believe the Member's automated means has caused or permitted a breach in the security of the FMLS Content, the Member shall provide the records identified in Section 12.3(a) to FMLS.
c) The Member's automated means must prominently display or promptly provide specific identification of a mode of communication (e.g., email, telephone, live chat) by which a consumer can contact the Member to ask questions or obtain more information about any property disclosed by the Member's automated means. The disclosing Member or a Member affiliated with the disclosing Member, must be willing and able to respond knowledgeably to inquiries from customers/clients about properties the Member's automated means have disclosed.
d) The Member's automated means must make reasonable efforts to:
1) assure that the users of the Member's automated means are human beings and not Internet "robots" or "spiders" gathering FMLS Content in any automated fashion; and
2) monitor and prevent misappropriation, "scraping," and other unauthorized use of FMLS Content disclosed via the Member's automated means.
e) A Member's automated means shall employ other security measures specified by FMLS, except that FMLS shall not specify security measures greater than those it uses to protect its own systems.
f) A Member's automated means shall not disclose the listing or address of any seller who has requested in writing on a form approved by FMLS that his/her listing or address be withheld from all Internet display. In that event, the Member who is the listing broker may not display the seller's listing or address, or cause either to be displayed, through any Electronic Means.
g) A Member's automated means shall not display third-party commentary or reviews regarding a listing or link to third-commentary or reviews adjacent to the listing of any seller who has requested in writing on a form approved by FMLS that third-party commentary and reviews not appear next to his/her listing. This Section does not prevent the display of comments or reviews that reflect the professional judgment of the Member disclosing the seller's listing.
h) In the event a seller has made the election to exclude content next to his/her listing under Section 12.3(g), the Member disclosing the seller's listing may indicate that those functions are disabled at the request of the seller.
i) Any disclosure of a listing by automated means must indicate the date the data was last updated from FMLS.
j) Where any FMLS Content is included in any display (including "thumbnails," "one-liners," brief previews, gallery, map or results views, features or pages), other than in a member's own listing, a legible FMLS logo must appear within or immediately adjacent to each listing from the FMLS Content, and an explanation must be provided in the disclosure, that also includes a legible FMLS logo, stating "Listings marked with the FMLS logo come from FMLS."
12.4 Notification to FMLS of Member's Automated Means
Any Member disclosing FMLS Content by automated means must notify FMLS of the Member's intention to do so and make the automated means available to FMLS and other Members for purposes of verifying the disclosing Member's compliance with the Rules.
12.5 Associate Members Operating Automated Means
An Associate Member may not disclose FMLS Content by automated means except as provided in this Section. An Associate Member's Electronic Means may frame or "gateway" into his/her Principal Member's automated means, provided the Principal Member approves.
12.6 Members Using Affiliated Technology/Marketing Partners
Any Member may engage an Affiliated Technology/Marketing Partner (ATMP) to operate the Member's automated means of disclosing FMLS Content, subject to Section 11.4 and the following terms:
a) The ATMP's use may extend only as necessary to permit the Member to carry out activities expressly permitted in these Rules.
b) A Member may work with multiple ATMPs, and an ATMP may work with multiple Members.
c) If FMLS determines in its reasonable judgment that an ATMP has made use of the FMLS Content beyond the scope of FMLS's license to the ATMP, FMLS may discontinue any further use by that ATMP of the FMLS Content and may prohibit use of that ATMP by any Member.
d) If an ATMP's branding or identity appears on a Member's automated means, it must be presented in such a way as to convey to the reasonable consumer that the automated means is that of the Member and that it is the Member, not the ATMP, who is providing brokerage services to the consumer.
(IDX also known as "Broker Reciprocity")
13.1 Definitions:
a) "IDX Display" means display by a Member on its website or through a mobile device application (hereafter referred to as Electronic Means) of the IDX Content, subject to Rule 13 and the IDX Policies and Procedures Manual. IDX Display constitutes the advertising of other Members' listings subject to the consent granted by the other Members under Rule 13.
b) "IDX Content" means all Active, Contingency with Kickout, Contingency Due Diligence, Contingency Other and Pending Sale status listings except those where (1) the listing Member has declined to permit IDX Display of its listings or (2) where the seller has declined to permit internet display of his/her property for sale. IDX Content excludes those fields identified as unavailable for IDX Display in the IDX Policies and Procedures Manual.
c) "IDX Policies and Procedures Manual" means the document promulgated by FMLS and available on the FMLS website describing the IDX program of FMLS, and which FMLS may amend at any time in its discretion. The latest revision date will be posted on the first page of the Policies and Procedures Manual. Members are responsible for periodically reviewing the IDX Policies and Procedures Manual on the FMLS website in order to ensure their compliance with the current requirements.
13.2 FMLS permits Members to use IDX Displays subject to Rule 13, provided that the display is only for real estate brokerage purposes and not for any other ancillary businesses or for any other purpose. In order to obtain the listings and display them on the Internet, Members must comply with Rule 13 as well as the IDX Policies and Procedures Manual.
13.3 Members who operate an IDX Display must update the IDX Content on it at least once every three (3) days.
13.4 Listing Member's Consent to IDX Display Presumed
Each Member is presumed to consent to IDX Display of that Member's listings by other Members in a manner consistent with Rule 13 and the IDX Policies and Procedures Manual, unless the member opts out of IDX display by the means provided by FMLS. Members who choose to exclude their listings from IDX Display by other Members may not use IDX Displays of the listings of other Members.
13.5 Required Internet Posting Disclosures. Each member's Electronic Means must be identified with the Member's brokerage name, contact information and branding in accordance with the guidelines promulgated by the Georgia Real Estate Commission. A Member's IDX Display must additionally make certain FMLS disclosures whenever it includes a listing for which another Member is the listing broker. The required FMLS disclosures must immediately follow the FMLS listing content and include a statement identifying the listing company name, an IDX disclosure of origin and an FMLS copyright notice. These disclosures must be displayed and/or disclosed in, but not limited to, all thumbnail, one-line, map, gallery, photo, mouse-overs, balloon, pop-ups and detail listing displays, in the manner described in the FMLS IDX Policies and Procedures Manual.
13.6 Nothing contained in this Rule 13 prohibits or should be interpreted to prohibit or discourage any comparative or other advertising, marketing or promotional materials that any Member may wish to use or distribute. Provided, however, that no Member is authorized to reproduce or otherwise use any IDX Content, FMLS logo, trademark, or service mark, whether registered or unregistered, in any such comparative advertising, marketing or promotional materials, except as expressly permitted in these rules.
13.7 Associate Members may display IDX Content only if the conditions set out in the IDX Policies and Procedures Manual are met, including without limitation:
a) The Associate Member's Principal Member must be contributing its listings to the IDX Content.
b) The Associate Member selects one of three available options for display of IDX Content on his/her Electronic Means :
1. The Associate Member's Electronic Means can frame or "gateway" into his/her Principal Member's Electronic Means .
2. The Associate Member may subscribe to the FMLS IDX Search Engine service with written permission from his/her Principal Member.
3. The Associate Member may contract with an FMLS Approved Data Vendor (ADV) for displaying IDX Content on individual agent websites with written permission from his/her Principal Member.
c) The Associate Member's Electronic Means and the pages that display any IDX Content or search criteria that will result in the display of IDX Content must at all times identify the Associate Member's Principal Member according to the guidelines promulgated by the Georgia Real Estate Commission.
13.8 Members may provide the IDX Content to consultants or independent contractors only under the conditions outlined in the IDX Policies and Procedures Manual.
14.1 The execution of any contract (including contingency contracts) for the sale of any property listed with FMLS shall be reported to FMLS by entry into the FMLS computer system by the listing Member within three (3) business days after the buyer and seller execute the sales contract. In addition, the selling Member shall report the execution of any such contract by filing the appropriate form with FMLS within three (3) business days after execution of such contract.
14.2 A copy of the completed sales agreement shall be delivered to any cooperating Member within one (1) day after signatures of both buyer and seller are obtained.
14.3 FMLS shall in no way be involved in determining compensation charged by real estate brokerage firms or the commission split between cooperating real estate brokerage firms.
15.1 In the event that a Member has shown a client a property under an FMLS listing with another Principal Member and secures an offer from the same client after the FMLS listing has expired or been withdrawn, the following procedures shall govern:
a) If the property has not been re-listed by any real estate firm on an exclusive basis within ninety (90) days after expiration or withdrawal of the FMLS listing but is on an "open listing" status, then the offer must be presented through the firm that had the FMLS listing at the time the property was originally shown.
15.2 When a property is listed by a Principal Member and a contract presented within ninety (90) days after expiration is accepted, providing the buyer was introduced to the property prior to its expiration, a fee shall be due FMLS from the selling and listing Principal Member, according to the FMLS fee schedule, when the property closes.
15.3 When a property is listed by a Principal Member and a contract presented within ninety (90) days after withdrawal of the listing is accepted, providing the buyer was introduced to the property prior to its withdrawal, a fee shall be due FMLS from the selling and listing Principal Member, according to the FMLS fee schedule, when the property closes.
16.1 Upon the sale of each FMLS listing, Principal Members shall submit to FMLS via fax (404-255-8602) OR email (closingdocs@fmls.com) within three (3) business days of closing: (a) a copy of the first two pages of the HUD closing statement; and (b) the completed FMLS Notice of Closing form (#118). Note: Either fax or email, not both.
16.2 All fees due FMLS, incurred by a member during a given month, shall be due and payable by the 15th of the following month.
16.3 The fees due FMLS shall be determined in accordance with the FMLS charges schedule established by the Board and FMLS's Bylaws.
16.4 When an agent is affiliated with both a member company and a non-member company and sells a property listed in FMLS, the member company will be charged a fee upon closing of the sale.
17.1 Any other provision in these Rules and Regulations notwithstanding, Principal Members may input in the FMLS system under the Rental classification, all properties listed for rent.
17.2 The charge for this transaction is invoiced to each member office at the end of the month in which it was entered into the computer system. There is no paperwork required to be sent to FMLS after entering these listings. If they are leased during the listing period, the status must be modified to "Leased". Two years after expiration or withdrawal, listings will be purged from the computer system. Leased listings will be purged ten years after the lease date. Consult the FMLS charges sheet for the current input fee on Rental Properties.
At such time as any listing contract is signed (Agreement Date), the property is considered filed with FMLS. Should the property be sold before the listing is entered into the FMLS computer system or sent to FMLS, the sale must be reported as an FMLS sale and any FMLS fee must be paid.
19.1 All Members of FMLS shall observe all Rules and Regulations now in effect or that may from time to time be adopted. To the extent any provision of these rules and regulations is inconsistent, or in conflict, with the Substantive Regulations promulgated from time-to-time by the Georgia Real Estate Commission ("GREC"), the Substantive Regulations of the GREC shall control. It shall be the duty of every Principal Member to instruct thoroughly its own sales staff and office personnel with regard to Rules and Regulations. The Principal Member shall be responsible for any violation of these Rules and Regulations by any person acting on its behalf.
19.2 The Board shall receive and consider complaints on matters pertaining to Rules and Regulations in accordance with the procedures set forth herein.
19.3 It shall be the duty of every Member to report to the Board any breach of these Rules and Regulations.
19.4 Principal Members may join FMLS as proprietorships, partnerships, corporations or in any other form of business organization lawful under the laws of the State of Georgia. Any such business entity and all persons acting on its behalf are subject to these Rules and regulations. Any violations of these Rules and Regulations by such business entity or any person acting on its behalf shall be deemed a violation on the part of the Principal Member, and such Principal Member shall be held responsible for such violation.
19.5 FMLS may, at the discretion of its Board, from time-to-time, require FMLS Members to submit information to FMLS that is reasonably necessary for the conduct of FMLS' business. Failure to submit such information on a timely basis may subject FMLS members to sanctions permitted under Rules 20 and 21, at the Board's discretion.
20.1The Board may, by majority vote, take action against any Member for violation of any Bylaw or Rule or Regulation of FMLS or for failure by any Member to continue to qualify for FMLS membership. The action may include, but is not limited to, fines, suspension of FMLS' services, expulsion from FMLS or restricting the continuation of FMLS' services upon certain conditions.
20.2 If the Board finds that a Member's violation of the Rules and Regulations or Bylaws or failure to qualify for membership poses an immediate and serious threat to FMLS, the Board may take action immediately upon oral notification to the offending Member. The Board may consult by telephone in such cases, whether or not by conference call. In such cases, the Member subject to such immediate action will receive immediate written notice of the reasons for the action, which notice will offer the opportunity to present reasons for withdrawal of the sanctions pursuant to Rule 20.4 hereof.
20.3 In all cases where the Board does not proceed under Rule 20.2, the Board shall, before taking final action, send to such Member a written notice describing the alleged violation and offering such Member an opportunity to present its position. The notice shall offer reasonable opportunity for response, and must be delivered at least five (5) days before the meeting of the Board at which action with respect to the offending Member may be taken.
20.4 Upon receipt of the notice described in Rules 20.2 or 20.3, such Member may present reasons why sanctions are unwarranted or improper. Such Member must deliver those reasons in writing to the FMLS office not more than three (3) days after receipt of the notice described in Rules 20.2 or 20.3. Such Member's statement may include a request for an opportunity to appear before the Board. Upon receipt of the Member's statement, FMLS will inform the Member of the time and place of any meeting of the Board to consider the proposed action. In any case where the offending member's services have been limited, suspended or withdrawn as a result of immediate action under Rule 20.2, the Board will meet to consider the offending Member's position as soon as practicable, but not more than five (5) business days after the receipt of the written statement from the offending Member requesting such a meeting. Failure of a Member who has received notice under either Rules 20.2 or 20.3, to present a timely statement of the Member's position, may be deemed a waiver of any disagreement with any imposition of sanctions. Failure to request an appearance before the Board in a timely fashion waives such an appearance. The Board may, in its discretion, impose reasonable time limits and other procedural requirements for the conduct of such meetings.
20.5 The decision by the Board on disciplinary matters is final.
20.6 The authority of the Board to impose sanctions under this rule may be delegated by the Board to the President of FMLS.
21.1 The following specific penalties, in lieu of those set forth in Rule 20, may be imposed by the Board for infractions of certain rules and Regulations:
a) A penalty not to exceed $25.00 per day (up to a maximum of $500.00) may be imposed on the listing Principal Member for failure to input a listing into the FMLS computer system as required by these Rules and Regulations.
b) A penalty not to exceed $25.00 per day (up to a maximum of $500.00) may be imposed on (i) the listing Principal Member for failure to report to FMLS by entry into the FMLS computer system the sale or pending sale of any listing as required by Rule 14.1, and/or (ii) the selling Principal Member for failure to report to FMLS on the appropriate form the sale or pending sale of any listing as required by Rule 14.1.
c) If a Principal Member fails to pay any fine imposed pursuant to this Rule within one month of the date due, the Board may suspend FMLS' services to such Principal Member until all fines are paid in full or other arrangements satisfactory to the Board are made.
d) Repeated willful violations of any provision of subparagraphs (a) through (c) of this Rule are subject to the penalties prescribed in Rule 20.
e) A fine not to exceed five hundred ($500.00) may be imposed in connection with any one violation of subparagraphs (a) through (c) of this Rule.
The Board may, in its discretion, from time to time make FMLS' services, including but not limited to computer services and lockbox keys, available to third parties that provide auxiliary services to FMLS' members. In such event, the Board shall charge the third parties for FMLS' services an amount sufficient to provide a reasonable return to FMLS above its cost of providing such services.
FMLS provides a variety of forms to its Members for their use in connection with FMLS activities. The purpose of these forms is to facilitate the orderly input of information from Members to FMLS. In order to insure the orderly and efficient operation of FMLS, the Board may insist that Members utilize only FMLS forms.
Principal Members may not use FMLS services in connection with any business entity that is not itself an FMLS member.
In calculating any time limitations set forth in these Rules and Regulations, including violations and penalties, Saturdays, Sundays and legal holidays are excluded.
The interpretation of the Rules and Regulations by the Board is final. The Rules and Regulations may be amended at any time and from time to time by the Board of Directors.
FMLS hereby grants to each Member as a privilege of membership, a nonexclusive, nontransferable and revocable license to use any present or future FMLS service marks (the "Marks") in connection with such Member's activities as a member of FMLS. Any use of the Marks by a Member shall be in accordance with the Rules and Regulations as in effect from time to time and any such use shall constitute acceptance of these conditions. Member further acknowledges the ownership in FMLS of the Marks and agrees that it will do nothing inconsistent with such ownership and that all uses of the Marks by Member shall inure to the benefit of and be on behalf of FMLS. This revocable license may be terminated by FMLS for a violation of this Rule and it shall terminate automatically when any Member ceases to be a Member for whatever reason.
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GAMLS Rules & Regulations
GAMLS
Maximum One is a member of GAMLS and you are required to enter your listings into GAMLS along with FMLS.
Listing Rules
The Data Administration department is responsible for helping you maintain accurate and timely information on your listings. Most policies fall into one of three broad categories:General Listing Policies;
All residential listings must be entered into the system within two business days.- Any Exclusive Right to Sell residential listing (i.e. single family detached, single family attached and multifamily properties) is required to be entered into the listing database within 48 hours after obtaining the necessary signatures. Other types of exclusive listings (e.g. commercial, land/lot) are optional but must be maintained according to Georgia MLS policy once entered.
- Any change to the original listing agreement, the listed price or the status must be reflected in the database within 24 hours of the broker's receipt of the seller's authorization.
- When an agent or broker enters listing information into the database, the information must be correct and timely.
Fees and Fines:
Withdrawal Fee - Any listing that is withdrawn prior to the expiration date is subject to a $25 withdrawal fee. If the seller is foreclosed upon, the usual withdrawal fee is waived when proof of foreclosure is provided. If the broker is unable to obtain proof of foreclosure, Georgia MLS will credit a withdrawal fee when proof is later submitted.Compliance Fines - Any violation of Georgia MLS policy regarding listings is subject to a $25 fine. An additional $5 fine is issued daily until the violation is resolved.
Listing Status:
A change in the status of a listing should be made on the system, or through Georgia MLS for withdrawn listings, no later than 24 hours (excepting weekends, holidays and postal holidays) after the change is agreed to by the broker and seller, and the proper documentation is signed.Status Descriptions:
MARKET CODE - AVAILABLE (A)
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MARKET CODE - OFF MARKET (O)
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A - Active
N - New (lasts 14 days) R - Reduced (lasts 7 days) I - Increased (lasts 3 days) E - Extended (lasts 3 days) B - Back on Market (lasts 3 days) CK - Contingent with Kickout Clause PA - Pending seller approval of contract |
U - Under Contract
LP - Lease Purchase X - Expired S - Sold WD - Withdrawn RL - Rented/Leased* RU - Rental Unavailable* * - Rental properties only |
Projected Closing Date (PCD) Policy:
When a listing is placed under contract (U), pending approval (PA), under contingency with a kick-out clause (CK) or under lease-purchase (LP), the system will require the user to select a projected closing date (PCD) before it will save the status change. The PCD will serve as a reminder to the agent to update the listing. As the selected date approaches, Georgia MLS will automatically send reminders, in the form of faxes and emails, to update the listing. To successfully correct the PCD issue, the user must update the status or extend the PCD. If the listing has not been updated properly two days after the PCD, it is subject to fines.Property Type Classification:
All listings must be classified according to the following definitions. All listings that are incorrectly classified should be withdrawn and re-listed in the correct property type to avoid a fine. The usual withdrawal fee is waived for wrong property types.**Properties may only be listed in multiple categories in the specific cases indicated below.
Property Type
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Definition
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Single Family Detached Residence (SFD)
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A property that is a free standing home, not attached to any other building. This includes traditional single-family homes, cluster homes, and mobile homes that include land. The bare minimum criterion for an SFD listing is a set foundation.
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Single Family Attached Residence (SFA)
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A property that is physically attached to another home, in any manner. This category includes single units in condominium complexes, high-rises, duplex and multi-plex properties, as well as townhomes. This category replaces the former condo/townhome category (CT).
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Multi-family (MF)
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A property that includes two or more attached units but is for sale as a whole unit.
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Lot/Land (LL)
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A parcel of land fully developed and ready for construction. Once a foundation has been set, the property should be listed as either single family or commercial.
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Commercial for Sale (CM)
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A property that is zoned for business purposes and commercial income. Commercial listings must include sale of the land; business opportunities that do not include real estate are not eligible for listing in the service.
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Acreage and Farms (AF)
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A large tract of land that has not been subdivided and is available for sale as a whole.
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Rental Residential (RR)
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A single family residence or condo/townhouse unit that is available for lease.
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Rental Commercial (RC)
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A property zoned for business purposes that is available for lease.
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Duplicate Listings
Multiple listings for a single property are not allowed, with the possible exceptions indicated below. If a property has multiple listings, the extra listings must be withdrawn so that only a single listing exists. If the extra listings are not withdrawn in a timely manner, the listing broker may be subject to compliance fines.Exceptions - Georgia MLS allows duplicate listings in a single property only if the listings clearly offer different acreages at different list prices. Combinations of active listings in different categories are allowed in the following cases:
- Single Family Detached (SFD) and Acreage and Farms (AF)
- Single Family Detached (SFD) and Rental Residential (RR)
- Single Family Attached (SFA) and Rental Residential (RR)
- Commercial for Sale (CM) and Commercial Rental (CR)
Remarks Violations
Certain content in the public remarks (lines 1-3) is prohibited. Although Georgia MLS reserves the right to disallow any content deemed inappropriate, the following categories represent the most common offenses:- Contact Information (websites, email, phone, fax address, etc.)
- Remarks Indicating a listing is unavailable (do not show, unavailable, rented, etc.)
- Details of Compensation to Agent/Broker (commission, incentive, bonus, etc.)
