FMLS Listings Rules & Regulations

Listing Properties in FMLS

Maximum One is a member of FMLS & all properties for sale if MX1 has an Exclusive Listing Agreement with that Seller and the property is in an FMLS compulsory area MUST be listed in FMLS despite going under contract immediately.  FMLS is due a fee on any New Construction properties from the drywall stage forward.

FMLS Compulsory Areas

The compulsory areas are the following counties: Barrow, Bartow, Cherokee, Chattooga, Cobb, Dawson, DeKalb, Douglas, Floyd, Forsyth, Fulton, Gordon, Gwinnett, Hall, Haralson, Jackson, Lumpkin, Paulding, Pickens, Polk and Walton.

FMLS Rules & Regulations & Policies and Procedures

All agents are required to read through these.  They are included as a separate appendix of the Maximum One Policy Manual and may be accessed online:

·         Rules & Regulations: https://fmls.com/cf/PrintTemplate.cfm?Original=/support/RulesRegs.cfm

·         Policies &Procedures: https://fmls.com/cf/PrintTemplate.cfm?Original=/support/PoliciesProcedures.cfm

FMLS Rules & Regulations

https://fmls.com/cf/PrintTemplate.cfm?Original=/support/RulesRegs.cfm

Effective October 27, 2014

 FMLS Rules & Regulations

These Rules and Regulations, as may be amended from time to time, shall be binding upon all Members as a condition of their continued membership.

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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 - Professional Conduct and Responsibility of Members
Rule 19 - Violations of Bylaws and Rules and Regulations
Rule 20 - Specific Penalties for Infractions of Certain FMLS Rules and Regulations
Rule 21 - Availability of FMLS Services to Non-FMLS Members
Rule 22 - FMLS Forms
Rule 23 - FMLS Services
Rule 24 - Calculation of Time
Rule 25 - Interpretation and Amendment of Rules and Regulations
Rule 26 - FMLS Service Marks

 

Rule 1 - Definitions

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 208
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.
Rule 2 - Duties of FMLS Office
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.
Rule 3 - Listings of Properties
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) Residential Detached or Residential Attached dwellings To Be Built on an existing lot or land. If used, To Be Built must be selected under Age Description. See Rule 10.7.a.1.iii.
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.
Rule 4 - Permitted Exceptions to Exclusive Right to Sell Contract
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.
Rule 5 - Listing of Substantially Similar Properties in Multiple Unit Developments
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.
Rule 6 - Compulsory Listing Area
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, Chattooga, 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.
Rule 7 - Multiple Listing Procedures
7.1 At such time as any exclusive right to sell listing contract is signed (Agreement Date) for a listing located within the FMLS compulsory area, the listing automatically becomes part of the FMLS database. All FMLS listings must be entered into the FMLS computer system within forty-eight (48) hours after the listing is signed by the seller (excepting weekends, federal holidays and postal holidays). Should the property be sold before the listing information is entered into the FMLS computer system, the listing must still be entered in FMLS and the sale reported (and any FMLS fee must be paid).
a. 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 fourteen (14) calendar days after the entry date of the listing for all property types except Land/Farm, Commercial and Residential Developed Lots. Failure to submit at least one photo during this time frame will result in a fine of $50.00.
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.
Rule 8 - Withdrawals and Extensions of FMLS Listings
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.
Rule 9 - Re-issuance of Listings, Duplicate Listings, Dual Listings and Shadow Listings
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 Duplicate Listings: With the exception of To Be Built, a member may have an FMLS listing placed in one additional property class in any combination except: Residential-Detached and Residential-Attached. A fee of $35 for each duplicate listing will be billed to the listing company, except for Rental listings. A fee of $7.00 will be billed to the listing company for each Rental listing.
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 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 broker. 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 enter a shadow listing 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 listing company.
Rule 10 - Promotion of Properties Listed with FMLS
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 Commercialproperty 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, with the only exception being properties identified as To Be Built homes, which may contain photos and/or renderings that are representative of the To Be Built home. In such a case, the Public Remarks must contain the statement, as applicable, “Photos and/or renderings are representative, not of the actual property”.
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.
Rule 11 - Use and Disclosures of FMLS Content
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
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.
Rule 12 - Disclosures of FMLS Content by Automated Means (including VOWs)
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 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 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.
f) 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.
g) In the event a seller has made the election to exclude content next to his/her listing under Section 12.3(e), the Member disclosing the seller's listing may indicate that those functions are disabled at the request of the seller.
h) Any disclosure of a listing by automated means must indicate the date the data was last updated from FMLS.
i) 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:
 

a) An Associate Member's Electronic Means may frame or "gateway" into his/her Principal Member's automated means, provided the Principal Member approves.

b) An Automated Means solution, specifically designed for use on a mobile device. Said solution must be under the control of the Principal Member and may be provided, as a company-wide tool, to all Associate Members affiliated with the Principal Member. Co-branding of Associate Members may appear in the mobile device Automated Means solution, along with the brokerage’s branding, as long as the branding is otherwise compliant with all applicable FMLS rules and governmental regulations. FMLS approval in writing is required in advance of the Principal Member implementing such a solution. 

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.
Rule 13- IDX Internet Posting of Listings
(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.
Rule 14 - Sales of FMLS Listing
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.
Rule 15 - Offers After Expiration or Withdrawal of FMLS Listing
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.
Rule 16 - Fees Due FMLS
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. Fees due related to a transaction for the sale of property listed with FMLS are charged to the Principal Member, not to buyers, sellers or closing attorneys.  FMLS does not accept payment directly or indirectly from buyers, sellers or closing attorneys.  Any such payments received by FMLS will be returned to the Principal Member for return to the individual payer, and the Fee will be due from the Principal Member.
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.
Rule 17 - Rental Properties
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". Consult the FMLS charges sheet for the current input fee on Rental Properties.
Rule 18- Professional Conduct and Responsibility of Members
18.1 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.
18.2 The Board shall receive and consider complaints on matters pertaining to Rules and Regulations in accordance with the procedures set forth herein.
18.3 It shall be the duty of every Member to report to the Board any breach of these Rules and Regulations.
18.4 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.
18.5 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 19 and 20, at the Board's discretion.
Rule 19 - Violations of Bylaws and Rules and Regulations
19.1 The 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.
19.2 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 19.4 hereof.
19.3 In all cases where the Board does not proceed under Rule 19.2, 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.
19.4 Upon receipt of the notice described in Rules 19.2 or 19.3, 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 19.2 or 19.3. 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 19.2, 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 19.2 or 19.3, 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.
19.5 The decision by the Board on disciplinary matters is final.
19.6 The authority of the Board to impose sanctions under this rule may be delegated by the Board to the President of FMLS.
Rule 20 - Specific Penalties for Infractions of Certain FMLS Rules and Regulations
20.1 The following specific penalties, in lieu of those set forth in Rule 19, 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) A penalty in the amount of the FMLS Fee may be imposed on the Principal Member who passes on a separate charge to a buyer or seller constituting the FMLS Fee due related to a transaction for the sale of property listed with FMLS.
d) 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.
e) Repeated willful violations of any provision of subparagraphs (a) through (d) of this Rule are subject to the penalties prescribed in Rule 19.
f) A fine not to exceed five hundred ($500.00) may be imposed in connection with any one violation of subparagraphs (a) through (d) of this Rule.
Rule 21 - Availability of FMLS Services to Non-FMLS Members
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.
Rule 22 - FMLS Forms
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.
Rule 23 - FMLS Services
Principal Members may not use FMLS services in connection with any business entity that is not itself an FMLS member.
Rule 24 - Calculation of Time
In calculating any time limitations set forth in these Rules and Regulations, including violations and penalties, Saturdays, Sundays and legal holidays are excluded.
Rule 25 - Interpretation and Amendment of Rules and Regulations
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.
Rule 26 - FMLS Service Marks
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.

Appendix 2: FMLS Policies & Procedures

FMLS Policies & Procedures

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Introduction

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FMLS provides these Policies and Procedures as a quick, convenient reference on the most common issues members encounter through the life of a listing.

Please note that this document is not a comprehensive list of all FMLS policies and procedures; nor does this document discuss every FMLS rule. This document provides guidance for most of the daily issues that are addressed by FMLS from the Help Desk, from our Administrative Services staff and from our Trainers and Member Service Representatives in the field. For specific language about rules, please refer to the complete FMLS Rules and Regulations. The most updated version of the FMLS rules can always be found on fmls.com in the Support section.
FMLS Forms
Importance of Updating Office Contact Information
Listing Requirements
Explanation of FMLS Statuses 
Public and Private Remarks
Duplicate Listings
Dual Listings
Shadow Listings
To Be Built
New Listing Number for Active Listings
Listing Changes Allowed by Listing Broker/Agent
Withdrawal of Listings
Reporting Contracts to FMLS
Reporting Closings to FMLS and Payment of FMLS Fees
User Names and Passwords
Rental Properties
Photos and Virtual Tours
Availability To Receive Offers (Availability) Field
HUD Properties
Potential Short Sales and Foreclosures
Pricing of FMLS Listings
Listings Changes and the FMLS Hotsheet and Client Gateway/Contact Website Tools 
Off Market Listings
Auction Properties
Selling Commission
FMLS Anti-Spam Policy 
FMLS Forms
FMLS provides all forms required to authorize changes to listings. All FMLS forms are found on www.fmls.comunder Print on Demand (these forms are also accessible under the Administrative Support category).
To ensure that all users have the most current version of a given form, FMLS expects that all users access forms through Print on Demand. Frequent adaptations to market needs require that FMLS updates forms continuously; all forms posted on Print on Demand (and the Administrative Support category) are the most current version of that form.
Please note that if outdated or non-FMLS forms are submitted, these forms may be returned or deleted by FMLS staff. If you have questions about how to access forms through Print on Demand, please contact Technical Support at 404-255-4219, Option 1.
Importance of Updating Office Contact Information
Important information and announcements are communicated to Member Broker offices through the office email address on record with FMLS. To ensure that critical business communication is not missed, it is imperative that each Broker maintains the current email address for the office and immediately notifies FMLS of any email or contact changes. Use the Company Information Change Form #125 to update changes with FMLS, such as office email address, office phone, contact, or address information.
Please note that in some cases changing a qualifying broker or ownership of a company might require a new membership application to be submitted to FMLS. Contact FMLS at 404-255-4219, option 3 for more information on such changes.
Listing Requirements
Compulsory Listing Area Rule 6
FMLS maintains a list of compulsory areas – the most current list can always be found in Rule 6. FMLS requires all exclusive right to sell listings, taken by any FMLS member broker, in which the property is located in a compulsory area, be entered into the FMLS system and subject to an FMLS fee upon closing. The location of the broker office is not a factor, just the location of the property listing.
Accuracy of Listing Data Rule 3.1
Accurate and complete information about listings is the highest priority for the members of FMLS. Listings are required to be entered in the correct property type and in the actual geographic area in which they are located Rule 3.1. Any inaccurate information on listings should be reported to compliance@fmls.com. The reporting member should always include their user name, the FMLS listing number of the property and a brief explanation of the issue. FMLS keeps all reports confidential and will not disclose the name of the reporting member. FMLS staff will follow up –in cases where the property is entered in a wrong geographic area, FMLS staff will change the area on the listing after verifying the accurate location.
Explanation of FMLS Statuses
Active (ACT)
An active listing is available for showing and receipt of an offer to purchase. FMLS members are required to “input accurate listing data, including, but not limited to a list price that represents the amount the Seller is willing and able to accept give other reasonable contract terms.” (Rule 3.1). Any listing that is not available to be shown and/or sold for any reason cannot remain in the Active Status and must be moved to Withdrawn status or another appropriate status listed below.

Availability to Receive Offers - A field is present in each listing named Availability to Receive Offers. This field is provided for use in Active status listings to put other members on notice if a potential hindrance to the sale exists or not. Listings that are available to be shown and sold at any time, i.e. no hindrances or conditions, should have the selection “No Conditions” for this field. In certain cases there are conditions that hinder the ability of the seller to respond to an offer in a timely manner. In those cases, the member must change the selection in the “Availability to Receive Offers” to “Conditions Exist – See Private Remarks.” Then they must use the Private Remarks to explain the condition, i.e. “highest and best”, multiple offers, First Look Period, etc.

Note: FMLS allows a property to be “temporarily off market” due to extenuating circumstances such as health, property damage or repairs, prolonged travel or other unusual situations. FMLS requires a statement to appear in the Private Remarks including “Temporarily Off-Market” and detailing the off market start and end dates, not to exceed 14 days. Should it be necessary to exceed 14 days, please contact the FMLS Administrative Services Department.
Contingent Due Diligence (CONDD)
An offer has been made and accepted; however the offer is "contingent" on a due-diligence period. The due-diligence period is the buyer’s obligation to investigate a property within a specified time to determine if the buyer remains satisfied with the property before finalizing the purchase.

·         The listing is still available to show.

·         Listings are automatically moved to Pending status at midnight of the Due-Diligence Ends Date.

Reporting to FMLS: The listing broker must change the status to CONDD within 3 business days of acceptance of the contract. The selling broker must send in Form #117 reporting the Contingency. The Due Diligence Ends date is required.
Contingency with Kickout (CONKO) 
A contract is signed by both parties that includes the contingency of a separate property having to be sold by the buyer. There is a kick-out period that goes into effect if a back-up contract is accepted so that the first buyer has ## hours to remove the contingency and execute the contract.

·         The listing is still available to show.

·         Listings are automatically moved to Pending status at midnight of the Expiration Date.

Reporting to FMLS: The listing broker must change the status to CONKO within 3 business days of contract acceptance. The selling broker must send in Form #117 reporting the Contingency.
Contingency-Other (CONTG) 
An offer has been made and accepted but is contingent upon any other reason than CONDD or CONKO.

·         The listing is still available to show.

·         Listings are automatically moved to Pending status at midnight of the Expiration Date.

Reporting to FMLS: 
The listing broker must change the status to CONTG within 3 business days of contract acceptance. The selling broker must send in Form #117 reporting the Contingency-Other.
Pending Offer Approval (POA)
An offer is being considered. Other offers may or may not be presented. The date the offer was submitted to the lender or seller must be entered. Private Remarks should contain the most current progress information. The listing must be changed to the appropriate status once an offer becomes binding.

·         Listings in POA status do not expire.

Reporting to FMLS: The listing broker must change the status to POA within 3 business days of contract offer. The selling broker must send in Form #117 reporting the POA.
Expired (EXP)
The listing agreement has expired. Listings are automatically moved to Expired status at midnight of the Expiration Date but can be changed back to Active within 30 days by the listing broker. After 30 days have passed, a new listing must be entered in FMLS.
Leased (LEASE) 
A Rental listing has been leased. Listing broker can change the status to Leased. No paperwork is required by FMLS. Note: All status changes for Rental listings can be done by the listing broker.
Pending Sale (PEND)
An offer has been made and accepted with no contingencies and the listing is under contract.

·         Listings in a Pending Status do not expire.

Reporting to FMLS: The listing broker must change the status to PEND within 3 business days of contract acceptance. The selling broker must send in Form #117 reporting the Pending Sale.
Sold (Closed)
A closing has occurred. Only FMLS can change the status to sold. Both the listing and selling brokers must report the closing to FMLS by submitting the following within three business days of closing:
Notice of Closing #118
The first two pages of the HUD Settlement Statement
Either email or fax the above (Please do not do both).
Email: closingdocs@fmls.com
Fax: 404-255-8602
Withdrawn (WD)
If, for any reason, a listing is no longer able to be shown or offers accepted, the status must be changed to Withdrawn. Only FMLS staff can change the status of a listing to Withdrawn.
Reporting to FMLS:
Addendum to Exclusive Right to Sell Listing Contract Form #116 must be signed by the broker. A $25.00 fee will be billed to the listing office, except in cases of foreclosure, death of owner, fire, natural disaster, 3rd party transfer, and auction. In Terms section, use “Other” to explain any of those special circumstances.
Public & Private Remarks – Types of Information Prohibited in Listings
There are two types of remarks fields in an FMLS listing: Public Remarks and Private Remarks. Any and all promotion of listings in the Public Remarks and/or Private Remarks, or anywhere else in the listing should pertain to the property and its attributes only, not promotion of the listing agent, their company or any other entity. Rule 10.7
Public Remarks
Public Remarks are viewable to all FMLS members as well as on many consumer websites and public portals, including REALTOR.com®. Because the general public has access to Public Remarks, the following restrictions apply to this field:
For residential properties, no reference to square footage is allowed except in those specific fields provided in the Residential-Attached and Commercial property types. – Rule 10 Exception: Commercial, Rental and Multi-Dwelling properties are permitted to include square footage in the Public Remarks as long as it is stated "approximate".
Promotion of anything other than the property and its attributes is prohibited in the Public Remarks. Promotion includes, but is not limited to self-promotion, the insertion of any personal or real estate company names, contact information, personal or company website addresses, other business names and/or contact information or computer links of any type. Rule 10.7

• No reference to commission or compensation can appear in the Public Remarks.
• No references to property alarm codes, vulnerable current residents (such as children or the elderly), nor references to a broker's bonus are allowed in the Public Remarks.

Private Remarks
Since Private Remarks are not available to outside websites or other public portals, and are viewable ONLY to FMLS members, greater latitude is allowed for this field. Use the Private Remarks field to provide information on property alarm codes, gate access, broker bonuses offered, and/or any other information intended only for use by real estate professionals, and not for the general public.

• When a Selling Commission is variable, or can be amended to anything other than the amount stated in the "Selling Commission" field on the listing in Fusion, the listing agent must enter an asterisk (*) in the Selling Commission field and explain the selling commission parameters in the Private Remarks. An asterisk (*) must be used again in Private Remarks to reference this information. An example of this use is a situation where the seller provides a reduced commission if the listing agent – and not the buyer's agent – shows the property to the buyer. This example is not all-inclusive, but is one of many instances where the selling commission might be different than the amount shown in the Selling Commission field. This same procedure can be used in situations in which there could be a potential short sale and the commission is subject to lender approval. (See Selling Commission).
• No references to vulnerable current residents (such as children or the elderly) are permitted in the Private Remarks.

NOTE: Certain information is allowed in the Public and Private Remarks concerning HUD listings. (see HUD Properties section below).
Duplicate Listings Rule 9.2
Duplicate Listings are only allowed by FMLS in certain circumstances. Duplicate Listings are two separate listings for a single property, which the listing agent purposefully has placed in two different property type categories. An example of a permitted duplicate listing is a residential, detached home situated on a large tract of dividable land; such a property may be listed in the Residential Detached and Land/Farm categories simultaneously, as these categories are not mutually exclusive.
The following guidelines apply to Duplicate Listings:

• Members should always enter the listing in the most appropriate property type first (original listing), then enter a duplicate listing in the alternate property type. (When the listing sells, FMLS staff will close the original FMLS listing number and remove the duplicate listing number.)
• Duplicate listings are allowed in two property type categories simultaneously, with the exception of Residential Detached and Residential Attached listings. Because the Residential Detached and Residential Attached categories are mutually exclusive (by definition of their construction), a property may not be listed in both the Residential Detached and Residential Attached categories.
• If a listing is incorrectly entered in both the Residential Detached and Residential Attached categories, FMLS staff will make reasonable efforts to determine the appropriate category for the listing, and withdraw the listing from the category deemed incorrect. No notification is provided of this change.
• Any paperwork submitted to FMLS during the life of the listing should include both FMLS listing numbers.
• All Duplicate Listings incur an administrative fee of $35.
• When the listing closes, either email or fax (PLEASE do not do both) the Notice of Closing #118 and first two pages of the HUD Settlement Form (all together in one fax or as one email attachment). Fax to 404-255-8602 or email to closingdocs@fmls.com. (Please include both listing numbers on any paperwork). FMLS staff will then change the status of the original listing to closed in Fusion (this will be a comparable in that property type); and will remove the duplicate listing (to help keep statistics more accurate).

Dual Listings Rule 9.3
FMLS does not allow Dual Listings. A Dual Listing occurs when two different brokers each have an active listing entered for the same property. When FMLS discovers a Dual Listing, the following steps are taken.
When a second listing is detected by FMLS monitoring or by report from an FMLS member, the second listing is immediately withdrawn at no charge. The following notices are sent via email:

1. To the original broker, a request for a formal release of the listing
2. To the second broker, notification that a dual listing exists and that their listing will be withdrawn at no charge

Original Broker Agrees to Release Listing
· If the original broker signs the release, the original listing then will be withdrawn at no charge to the original broker, and the second listing will be reinstated as Active.
· When a broker is willing to release a listing before a new listing is entered by a second broker, the original broker should fill out and submit Addendum to Exclusive Right to Sell Listing Contract Form #116 to FMLS. The original broker should mark checkbox "Release of Listing to another FMLS company". FMLS will then withdraw the original broker's listing at no charge.
Note: If the original broker sends Addendum to Exclusive Right to Sell Listing Contract Form #116 to withdraw the original listing, after the second broker has entered their listing, FMLS staff cannot match the transaction to a dual listing to automatically activate the second listing.
Original Broker Does Not Agree to Release Listing
If the original broker does not submit a signed release, the only way to reinstate the second listing is for the second broker to obtain the seller's signature on Seller Notification Form #110 and fax to FMLS. The following conditions apply to the second listing's reinstatement:

1. 5 Business Day Waiting Period: After receipt of Seller Notification Form #110 from the second broker, and after 5 business days from the date that the First Broker is notified, the second listing will be reinstated and the original listing will be withdrawn at no charge to the original broker.

2. Courtesy to Original Broker: Because of the sensitive nature of such a transaction, FMLS will always wait 5 business days to reinstate the second listing, even if the second broker submits the required paperwork to FMLS immediately.

Waiver of Waiting Period:
Notification of New Exclusive Seller Listing Agreement #111 – this form can be used to circumvent the normal dual listing notice period only in circumstances where the original listing has been extended without authorization from the seller. To be used when the seller has signed a new listing agreement with a new broker and is not aware that there is still an active listing in FMLS with the previous broker. When FMLS receives this form signed by the seller, our staff will withdraw the original listing at no charge and ensure that the new listing with the new broker is in an active status.
Notification of Change in Ownership of Property #112 – this form can be used to circumvent the normal dual listing notice period only in circumstances where the property has had a change in ownership and the previous listing is no longer valid. (i.e., a foreclosure process has completed and a lender now officially owns the property).When FMLS receives this form signed by the new broker, our staff will withdraw the original listing at no charge and place the new listing with the new owner in an active status.
Note: Do not use Form #112 in cases where the original listing has actually sold and the new owner is listing the property for sale. Closing documents should be permitted for the original listing entered for the new property owner.
Shadow Listings Rule 9.4
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 submittingRequest For Shadow Listing Form #115. The fee for a shadow listing is $40.00 which will be billed to the listing office.
To Be Built
Many FMLS members wish to list “To be built” homes (no actual dwelling on the property) in the Residential Detached and Attached property types. To help encourage new home sales, FMLS permits such listings under the following conditions:  

• “To Be Built” must be selected in the Age Description field 
• The Public Remarks must start with “Home to be built”
• If photos and/or renderings are displayed in a to be built listing, the following applies:

1.       Verbiage must be included in the Public Remarks that states: “Photos and/or renderings are representative, not of the actual property”.

2.       Photos and/or renderings displayed in all FMLS listings must comply with all copyright laws, the FMLS Terms of Use and FMLS rules.

New Listing Number for Active Listings Rule 9.1
FMLS allows a listing to be re-entered (and issued a new FMLS listing number), if the listing is still within the original listing agreement period. There is an administrative fee of $25.00.
The procedure is as follows:

• The listing office enters the new listing in its entirety and submits Addendum to Exclusive Right to Sell Listing Contract Form #116 for the withdrawal of the old listing.
• Only the old listing number must be clearly indicated at the top of the Addendum to Exclusive Right to Sell Listing Contract Form #116.
• Use the Addendum to Exclusive Right to Sell Listing Contract Form #116, to Withdraw the listing.
• FMLS will then withdraw the old listing and bill the listing office a $25.00 administrative fee.

Note: If the original expiration date has passed, a new listing should be entered. 
Listing Changes Allowed by Listing Broker/Agent
Throughout the life of a listing, many listing changes are handled by the listing agent/broker. Any changes to listing information, such as selling commission changes, changing the listing status to Contingency or Pending, edits to remarks, feature details, expiration date changes and changing the property price must be entered into Fusion by the listing agent/broker. No paperwork should be sent to FMLS for these changes.
Withdrawal of Listings
Addendum to Exclusive Right to Sell Listing Contract Form #116 is used to authorize changes that only FMLS staff can make to a listing and must be signed by the listing broker. Within 3 days, this form must be faxed to FMLS at 404-255-8602 or emailed to listingdocs@fmls.com. Upon receipt of the signed form, the following change will be made by FMLS staff:

• Withdrawal of Listing – Addendum to Exclusive Right to Sell Listing Contract Form #116 must be signed by the broker. A $25.00 fee will be billed to the listing office, except in cases of foreclosure, death of owner, fire, natural disaster, 3rd party transfer, and auction. Use section B-Other to explain the special circumstances.

Reporting Contracts to FMLS Rule 14.1
After a contract is accepted, timely reporting of said contract is required and crucial for the maintenance of a reliable, accurate database for all FMLS members. Any property that is "under contract" (both buyer and seller have signed) and is contingent on lender approval (or contingent for any other reason), must be changed to the appropriate Contingency or Pending Sale status within 3 days of the date the contract was executed. An under contract property may not remain in the Active status under any circumstances no matter the reason, even if the property may still subsequently be shown and other contracts accepted (backup or otherwise). FMLS rules supersede other agreements with any other entity. There are no exceptions to this policy.
The following rules apply when reporting contracts to FMLS:

• Within 3 business days of an executed contract, the listing Member must change the status in the FMLS computer system to one of the following statuses: Pending Sale, Contingency with Kick-out, Contingency-Other, Contingency-Due Diligence or Pending Offer Approval.
• Within 3 business days of an executed contract, the selling Member must submit Notice of Contract Form #117 to FMLS via fax to 404-255-8602 or email to listingdocs@fmls.com.

When FMLS receives the completed Notice of Contract Form #117, if the status has not been changed as required by the listing office, the FMLS staff will change the status and notify the listing office via email.
Reporting Closings to FMLS & Payment of FMLS Fees
Both the listing and selling brokers must report the closing to FMLS by submitting all of the following to FMLS:

Promptly (within 3 business days of closing):

• Either email or fax (PLEASE do not do both) the Notice of Closing #118 and first two pages of the HUD Settlement Form (all together in one fax or as one email attachment). Fax to 404-255-8602 or email toclosingdocs@fmls.com.

Only two exceptions apply to the fees due:
1. If the listing agent and the selling agent are both under the same company Firm #, only one FMLS fee is due.
2. Only FMLS members submit paperwork or fees; a non-FMLS company does not submit any paper or fees to FMLS.
Once these documents are received (whether from the  listing company or selling company), FMLS staff will change the listing to Sold status. Only FMLS staff can change a listing status to Sold. 
When the status has been changed to Sold, the appropriate charges for the FMLS fee will appear on the office statement/invoice. All charges are due and payable by the 15^th of the following month.
Please mail payment along with the top portion of your invoice/statement to
FMLS, P.O. Box 420128, Atlanta, GA  30342
When mailing a check to FMLS for payment, please write your broker code on the check.
If the check is for multiple offices, please use the Payment Identifier Form #119.
User Names and Passwords Rule 11.1
FMLS issues unique User Names and Passwords to each member, for the sole purpose of that specific member's access to the FMLS listing database and other online tools. Under no circumstances are User Names and Passwords to be shared with anyone, at any time, including other real estate professionals or consumers. Up to a $1,000 fine may be imposed for any FMLS member sharing their User Name and Password to any other party, other than a team member or assistant within that office.
User Names and Passwords for agents and broker office staff are provided at no charge at the broker's request.
To request User Names and Passwords, brokers must fill out the FMLS Computer User Form #120. Brokers and agents must provide their Georgia real estate license number; additionally brokers may request a User Name and Password for staff members who are not licensed. Enter the word "Staff" in the section for the real estate license number. The Computer User Form #120 is used to add new agents to your office, transfer agents from one office to another, or delete agents from your office. The following rules apply to submission of this form:
Computer User Form #120 must be signed by the managing broker and then either faxed to 678-904-0444 or emailed to newuserforms@fmls.com.
· All new FMLS User Names and Passwords are emailed to the office email address on record with FMLS.
· For security reasons, User Names and Passwords are not given out by phone or fax.
· Upon receipt of their User Name and Password, agents can change their Password by logging into FMLS.com and choosing My FMLS, then Change Password.
Rental Properties Rule 17
FMLS provides a Rental section in Fusion to enter Rental property listings. The following guidelines apply:

• There is a one-time charge of $7.00 to enter a rental listing.
• No paperwork is required for any aspect of a Rental listing.
• When a property is leased, the listing agent is required to immediately change the status to Leased in Fusion.
• If a rental property is withdrawn, the listing agent is required to immediately change the status in Fusion to Withdrawn. No withdrawal fee is charged for rentals.

Photos and Virtual Tours
FMLS provides space for up to 25 photos for each new listing, as well as space for one virtual tour and one FMLS provided slide show. FMLS Rule 7.2 requires: At least one photo must be entered into the FMLS computer system within fourteen (14) calendar days after the entry date of the listing for all property types except Land/Farm and Residential Developed Lots. Failure to submit at least one photo during this time frame will result in a fine of $50.00.

As a courtesy, reminder notices are sent to each listing agent prior to reaching the 14 day time limit.
The following guidelines apply for photos and virtual tours uploaded to an FMLS listing:

• All photos and virtual tours (media) uploaded to FMLS must be non-branded. Non-branded means the photos do not contain the agent's likeness, company name, logos, branding, contact information, etc. See Public & Private Remarks section above for additional details.
• Photos and virtual tours must be of the listed property and its attributes only. Rule 10.7
• No text may be super-imposed on photos or virtual tours. Rule 10.7
• Photos cannot be altered or enhanced in any way that might misrepresent the property. Rule 3.1

Photo Upload: All digital images should be uploaded by the agent or listing office staff. To add media to a listing, login to Fusion, hover over the Add/Edit tab, click on Edit Listings, click Edit for the relevant listing. Then clickImages to upload images. Click here to read more. 
Virtual Tours Upload: Virtual tours may be uploaded directly by an FMLS Approved Virtual Tour Vendor (login towww.fmls.com, click on Member Services, then click on Virtual Tours) or by the agent or listing office using the same uploading process as the Photo Upload above.
An Adding Media to a Listing tutorial is available online to all FMLS members. To access the online tutorial, login to www.fmls.com, click on Training, choose Online Training, click on the Media category, then click on Adding Media to a Listing.
Report any photo issues or questionable situations to FMLS via email to compliance@fmls.com. Please include the User Name of the reporting member, the FMLS number of the listing in question and a brief explanation of the issue. FMLS will maintain the confidentiality of all reporting parties.
Availability To Receive Offers (Availability) Field
The Availability To Receive Offers field is provided as a mechanism for listing agents to fulfill their obligation to their seller while also notifying other members, primarily buyer’s agents, if a condition exists with the listing, or not, that could hinder or interfere with the timely negotiation of an offer.  
The Availability field is only relevant to listings in the Active status. Even though the field does display in other statuses, the Status “condition” (POA, Contingency, Pending Sale, Sold) overrides the Availability field. It is a required field. Two choices are available:

• Availability – No Conditions 
• Availability – Conditions Exist – See Private Remarks

The addition of the Availability field was made necessary due to current market conditions. A variety of conditions exist today such as the following examples:  

• Many properties today are lender owned, potential short sales, delinquent, government owned, foreclosures and such, and have conditions that prevent an offer from being negotiated in a timely manner.  
• The seller needs or requires the property to remain in the Active status for various reasons, for example but not limited to: receive all offers over a period of time; highest and best; offers accepted only over or during certain time periods or from specific entities; and other such seller requirements.  

We encourage the listing agent to explain the details of the Availability conditions in the Private Remarks. However, the primary purpose of the Availability field is to provide a warning flag to any buyer’s agents that they need to contact the listing agent to understand the particular aspects of that listing.  
The Availability field may not be used to indicate listings that cannot be shown, when no offers will be accepted or when properties are off-market for all intents and purposes for any reason; FMLS rules require that such listings must be moved to the appropriate non-active status within three (3) days of the actual change in status.
HUD Properties
Due to the unique property listing and sales requirements of the Department of Housing and Urban Development (HUD), FMLS has established policies and procedures to accommodate members in the listing and selling of HUD properties. The following requirements apply to all HUD property listings:
1. As with all other properties:  
a) the listing must be an Exclusive Right to Sell. and,  
b) if located in a compulsory area, it must be entered into the FMLS system.  
2. "HUD Listing (See Remarks)" must be elected in the Special Circumstances section of the listing (this is a critical step so that members can easily identify, search for and find HUD properties.
3. Public Remarks: Comments such as "HUD House, HUD Listing, HUD property and/or the case number are permitted but not required to appear in the Public Remarks. Names of persons or businesses, contact information of any type, website addresses (or partial website addresses) or promotion of anything other than the attributes of the one listed property are however not permitted to appear in the Public Remarks (Rule 10). All other FMLS rules and policies, as they apply to the Public Remarks also apply to HUD listings.
4.Private Remarks: All comments and verbiage required by HUD and/or that may otherwise be appropriate and necessary to manage and sell HUD property listings are permitted to appear in the Private Remarks section of a listing, including statements such as: "To check for availability or to place a bid, please visit: [insert appropriate website URL address here]."
Potential Short Sales and Foreclosures

• Potential Short Sale: If a property is listed as a short sale, the Remarks section, Public and/or Private must state: "Potential short sale/subject to Lender approval".

• Foreclosures: If a foreclosure comment is entered in the Remarks section and/or "Foreclosure" is selected from the pick list available in the Special Circumstances field, it could mean that the status of the property is:

1. The homeowner is behind in his payments and the lender is threatening foreclosure

2. The lender has already taken the property and is reselling it

3. The status is somewhere between (1) and (2)
Pricing of FMLS Listings

• FMLS rules on pricing, which apply to all listings including short sales, foreclosures and auctions, require that a property be input at "a list price that represents the amount the seller is willing and able to accept given other reasonable contract terms". Rule 3.1

Listings Changes and the FMLS Hotsheet and Client Gateway/Contact Website Tools

• FMLS Hotsheets and the Client Gateway/Contact Website are tools intended to notify members and/or their clients of meaningful changes to listings. Modifying or changing listing information in small increments (such as, but not limited to: changing dates, price, status and square footage) with the intent of making a listing repeatedly and/or excessively show up on Hotsheets and the Client Gateway/Contact Websites are considered an abuse. Such incremental changes create an inconvenience for other members and their clients and detract from the reliability of these tools. It is FMLS’ responsibility, and at FMLS’ discretion to ensure that such misuse doesn’t continue when it is brought to our attention.

Off Market Listings
The FMLS policies in "off market" situations relating to the listing status of any property are:

1. If a property is not available to be shown and/or sold for any reason, except as (2) below, the listing status must be changed from the Active status to one of the other available and applicable statuses: Contingency-Kickout, Contingency-Other, Contingency-Due Diligence, Pending Offer Approval, Auction Only, Pending Sale, Sold or Withdrawn. The property may not remain in the Active status. There are no exceptions to this policy.
    

2. If there is a need for a property to "temporarily" be off market due to legitimate reasons such as, as examples: repairs, property damage, a health issue and/or other unusual circumstances, FMLS permits the property to remain in the Active status only under the following circumstances:

a) a statement appropriately describing the temporarily off-market circumstances appears in the Private Remarks section;
b) the start and end dates are included;
c) the end date does not approach or coincide with the expiration of the listing. A period of up to 14 days is permissible. If it is necessary to exceed that time for any reason, please contact FMLS and,
d) the Availability field indicates “Condition Exists – See Private Remarks”.

Auction Properties
Definition: "Auction" - a sale of property at which prospective buyers bid against one another, and the property conveyed to the bidder is offered at the highest bid price. In accordance with all other requirements for listing input, properties subject to sale at auction may be entered into the FMLS system subject to the following rules and policies:

1. Property listed in the Active status must be available to show and sell prior to an auction taking place;
2. If the sale of a current active listing becomes hindered in any way, such as subject to auction only sale, the Availability to Receive Offers field must immediately be changed to "Conditions Exist: See Private Remarks”. Further, comments explaining the hindrance (the auction terms in this case) must be included in the Private Remarks. For further information, see the section in these Policies and Procedures titled “Availability To Receive Offers (Availability) Field. Alternately, listed properties that become auction only may be withdrawn from the FMLS system (See Withdrawal of Listings);
3. The property must be listed at a list price that represents the amount the seller is willing and able to accept given other reasonable contract terms. Rule 3.1;
4. Auction website URL addresses and any other contact or promotional information may appear only in the Private Remarks section of a listing;
5. FMLS rules require that all property listed in the Active status must be available to show and sell at all times. Accordingly, statements such as "visit wxyz.com website to check availability" may not appear in an Active status listing. Such statements may, however, appear in the Private Remarks of a listing. It is the member's responsibility to keep listing statuses and Remarks comments current and accurate at all times;
6. Just as with any other sale of a property listed in the FMLS system, upon the sale of a listed property at auction, members shall, within three (3) business days, either email or fax (PLEASE do not do both) the Notice of Closing #118 and first two pages of the HUD Settlement Form (all together in one fax or as one email attachment). Fax to 404-255-8602 or email to closingdocs@fmls.com. Reference: Rule 16;
7. For FMLS reporting purposes, the final sold price of an auctioned property is required to include any applicable auction fees and/or buyer's premiums;
8. Once an auction date has passed and a property didn't sell, the property must be either: a) moved back to the Active status if still available or withdrawn from the system within three (3) business days as required by the rules.

Selling Commission

• There is a field on every listing - "Selling Commission" – which notifies the selling broker/agent what to expect if they participate in a sale of that listing. The selling commission can be entered as a percentage of the sales price or a specific dollar amount.

• If there is a possibility that the selling commission might be different than what is listed in the selling commission field, for any reason, an asterisk (*) must be entered following the commission amount/percent in the selling commission field. A corresponding asterisk must appear in the Private Remarks, accompanied by an explanation of how and why the commission might be a different amount. (See Public and Private Remarks).

• The "VRC" (Variable Rate Commission) field may also be used to indicate "Y" in cases where the commission can vary, but the asterisk and explanation requirements in Private Remarks still apply.

• Any other comments relating to commission or compensation may only appear in the Private Remarks and must include "to selling broker" and not "to selling agent".

FMLS Anti-Spam Policy
FMLS respects the privacy of its members and their personal information. FMLS does not sell, transfer, lease or disseminate in any way, member's names, email addresses or any other confidential contact or personal information, and has eliminated bulk access of members' e-mail addresses through all FMLS systems wherever possible.
Despite our best efforts, commercial marketing companies and even individual members may endeavor to circumvent the FMLS system and harvest members' e-mail addresses, phone numbers and fax numbers. Please note that FMLS is not the sole holder of such information, and that much of this information may also be available on member company websites, Board/Association websites, blogs, chat rooms, Listservs and elsewhere.
What you can do about Spam

• As a principal broker member – Provide e-mail services and addresses to your agents and control spam by using a spam filter. Even small brokers can cost effectively provide these services through their own Internet Service Provider.
• As an agent – Control spam to your personal and/or real estate business email mailbox by using a spam filter. Alternately, use the e-mail service and e-mail address provided by your member company if one is provided.
  
  For more information on dealing with spam email please visit the Federal Trade Commission consumer website at: http://www.ftc.gov/spam/

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