GAMLS
Listings Rules & Regulations
Listing
Properties in GAMLS
Maximum One is a member of GAMLS and you are required to
enter your listings in GAMLS along with FMLS
GAMLS Rules & Regulations & Compliance Rules
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:
·
GAMLS
Rules & Regulations: http://www.gamls.com/secure/forms/membership/GAMLS_RULES_AND_REGULATIONS_2013.pdf
·
: GAMLS Listings
Rules & Regulations
GAMLS RULES AND
REGULATIONS
ARTICLE I - Definitions and
Terms
Whenever used in these Rules
and Regulations, the following terms shall have the meanings set forth below.
Where the context so requires the masculine shall be construed to include the
female, the neuter, a corporation, a partnership, a trust, or other entity, and
the singular shall be construed to include the plural and the plural singular.
Section 1. A multiple listing
service is:
a facility for the orderly correlation and dissemination of listing information
so participants may better serve their clients
and customers and the public
a means by which authorized participants make a blanket unilateral offers of
compensation to other participants
(acting as subagents, buyer
agents, or in other agency or non-agency capacities defined by law)
a means of enhancing cooperation among
participants
a means by which information is accumulated and disseminated to enable
authorized participants to prepare
appraisals, analyses, and
other valuations of real property for bona fide clients and customers
a means by which participants engaging in
real estate appraisal contribute to common databases
Entitlement to compensation
is determined by the cooperating broker's performance as procuring cause of the
sale or lease.
While offers of compensation
made by listing brokers to cooperating brokers through Georgia MLS (GAMLS) are
unconditional, a listing
broker's obligation to compensate a cooperating broker who was the procuring
cause of sale or lease may be excused if it is determined through arbitration
that, through no fault of the listing broker and in the exercise of good faith
and reasonable care, it was impossible or financially unfeasible for the
listing broker to collect a commission pursuant to the listing agreement. In
such instances, entitlement to cooperative compensation offered through GAMLS
would be a question to be determined by an arbitration hearing panel based on
all relevant facts and circumstances including, but not limited to, why it was
impossible or financially unfeasible for the listing broker to collect some or
all of the commission established in the listing agreement; at what point in
the transaction did the listing broker know (or should have known) that some or
all of the commission established in the listing agreement might not be paid;
and how promptly had the listing broker
communicated to cooperating
brokers that the commission established in the listing agreement not be paid.
Compensation is unconditional except in the event that the commission
established in the listing contract is reduced by court action.
Section 2. The term
"Board of Realtors® or Association
of Realtors® " shall mean a local association of licensed,
professional real estate
brokers, salespersons, and licensed or certified appraisers which is associated
with a State Association of Realtors® and the National Association of Realtors® and subscribes to the Constitution, Bylaws and
Code of Ethics of the National Association of Realtors®
.Section 3. The term
"Service" shall mean Metropolitan Multi-List, Inc., a wholly owned
subsidiary of the DeKalb
Association of Realtors® ,
Inc., d/b/a Georgia MLS, with the corporate location at 1414 Montreal Road,
Tucker, Georgia 30084.
Section 4. The term
"Exclusive Right to Sell Listing" shall mean a contractual agreement
under which the listing broker acts as the agent or as the legally recognized
non-agency representative of the seller(s), and the seller(s) agrees to pay a commission
to the listing broker, regardless of whether the property is sold through the
efforts of the listing broker, the seller(s), or anyone else; and a contractual
agreement under which the listing broker acts as the agent or as the legally
recognized non-agency
representative of the seller(s), and the seller(s) agrees to pay a commission
to the listing broker regardless of whether the property is sold through the
efforts of the listing broker, the seller(s), or anyone else, except that the seller(s)
may name one or more individuals or entities as exemptions in the listing
agreement and if the property is sold to any exempted individual or entity, the
seller(s) is not obligated to pay a commission to the listing broker.
Appendix 4: GAMLS Compliance Rules
GAMLS Compliance
Rules
Listing Rules
The Data Administration
department is responsible for helping you maintain accurate and timely
information on your listings. Most policies fall into one of three broad
categories:
General Listing Policies:
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All
residential listings must be entered into the system within two (2) business
days.
Any
Exclusive Right to Sell residential listing (i.e. single family detached,
single family attached and multifamily properties) is required to be entered
into the listing database within 48 hours after obtaining the necessary
signatures. Other types of exclusive listings (e.g. commercial, land/lot) are
optional but must be maintained according to Georgia MLS policy once entered.
The list date and expiration date must be supported by the listing agreement.
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Any change to the listing must be
reflected in the system within one (1) business day.
Any change
to the original listing agreement, the listed price or the status must be
reflected in the database within 24 hours of the broker's receipt of the
seller's authorization.
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All listing content must be
accurate.
When an
agent or broker enters listing information into the database, the information
must be correct and timely.
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Fees and Fines:
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Withdrawal
Fee
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Any
listing that is withdrawn prior to the expiration date is subject to a $25
withdrawal fee.
If the seller is foreclosed upon, the usual withdrawal fee is waived when proof of foreclosure is provided.If the broker is unable to obtain proof of foreclosure, Georgia MLS will credit a withdrawal fee when proof is later submitted. |
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Compliance
Fines
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Any
violation of Georgia MLS policy regarding listings is subject to a $25 fine.
An
additional $5 fine is issued daily until the violation is resolved. |
Listing Status:
A change in the status of
a listing should be made on the system, or through Georgia MLS for withdrawn
listings, no later than 24 hours (excepting weekends, holidays and postal
holidays) after the change is agreed to by the broker and seller, and the
proper documentation is signed.
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STATUS DESCRIPTIONS
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MARKET CODE - AVAILABLE (A)
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MARKET CODE - OFF MARKET (O)
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A - Active
N - New (lasts 14 days) R - Reduced (lasts 7 days) I - Increased (lasts 3 days) B - Back on Market (lasts 3 days) CK - Contingent with Kickout Clause PA - Pending seller approval of contract (will expire) |
U - Under Contract
LP - Lease Purchase X - Expired S - Sold WD - Withdrawn RL - Rented/Leased (Rentals only) RU - Rental Unavailable (Rentals only) POA - Pending seller approval of contract (will not expire) |
Georgia MLS Policy Regarding "To Be Built" Listings
Residential properties
may only be listed in our service once the footings have been poured. Listings
without the footings in place are not
allowed in the Service.
According to our rules:
ARTICLE IV, Section 2;
It shall be mandatory that Exclusive Right to Sell Listings, of the following types of properties, be filed with the Service when located within the boundaries of the official area map as published from time to time by the Service: all Exclusive Right to Sell Listings that are
ARTICLE IV, Section 2;
It shall be mandatory that Exclusive Right to Sell Listings, of the following types of properties, be filed with the Service when located within the boundaries of the official area map as published from time to time by the Service: all Exclusive Right to Sell Listings that are
(a) new or previously occupied single family residential properties,
including condominiums and fee simple town houses, or
(b) new or previously occupied two, three, and four unit multifamily
residential properties.
Any such listings accepted by a Participant must be submitted to the Service within 48 hours (excepting weekends, holidays and postal holidays) by entering the listing into the computer after obtaining the necessary signatures.
ARTICLE IV, Section 4;
New construction of properties outlined in Article IV, Section 2 must be submitted to the Service for publication as soon as the interior painting is substantially completed. These type properties may not be submitted to the Service until the footings have been poured. Model homes, unless currently available for sale, may not be entered into the service.
Any such listings accepted by a Participant must be submitted to the Service within 48 hours (excepting weekends, holidays and postal holidays) by entering the listing into the computer after obtaining the necessary signatures.
ARTICLE IV, Section 4;
New construction of properties outlined in Article IV, Section 2 must be submitted to the Service for publication as soon as the interior painting is substantially completed. These type properties may not be submitted to the Service until the footings have been poured. Model homes, unless currently available for sale, may not be entered into the service.
Listings That are Required to be Filed with Georgia MLS
Georgia MLS is built upon
a foundation of cooperation among its members. The essence of this cooperation
is based upon the compilation of listings. Listing information creates the most
valuable asset of the service and benefits all of our member real estate
professionals.
In the spirit of that
cooperation, a fundamental principle for participation and membership in
Georgia MLS is the mandatory requirement that all residential listings that a
member has exclusive authorization to list, must be input into the system
within 48 hours of the list date on the agreement.
According to our official
rules:
ARTICLE IV, Section 2;
It shall be mandatory that Exclusive Right to Sell Listings, of the following types of properties, be filed with the Service when located within the boundaries of the official area map as published from time to time by the Service: all Exclusive Right to Sell Listings that are
ARTICLE IV, Section 2;
It shall be mandatory that Exclusive Right to Sell Listings, of the following types of properties, be filed with the Service when located within the boundaries of the official area map as published from time to time by the Service: all Exclusive Right to Sell Listings that are
(a) new or previously occupied single family residential properties,
including condominiums and fee simple town houses, or
(b) new or previously occupied two, three,
and four unit multifamily residential properties.
Any such listings accepted by a Participant must be submitted to the Service within 48 hours (excepting weekends, holidays and postal holidays) by entering the listing into the computer after obtaining the necessary signatures.
ARTICLE IV, Section 13;
All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data entry form. When part of a listed property has been sold, proper notification should be given to the Service.
Any such listings accepted by a Participant must be submitted to the Service within 48 hours (excepting weekends, holidays and postal holidays) by entering the listing into the computer after obtaining the necessary signatures.
ARTICLE IV, Section 13;
All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data entry form. When part of a listed property has been sold, proper notification should be given to the Service.
Projected Closing Date (PCD) Policy
When a listing is placed
under contract (U), pending approval (PA), under contingency with a kick-out
clause (CK) or under lease-purchase (LP), the system will require the user to
select a projected closing date (PCD) before it will save the status change.
The PCD will serve as a reminder to the agent to update the listing. As the
selected date approaches, Georgia MLS will automatically send reminders, in the
form of faxes and emails, to update the listing. To successfully correct the
PCD issue, the user must either update the status or extend the PCD. If the
listing has not been updated properly two days after the PCD, it is subject to
fines.
Property Type Classification
All listings must be
classified according to the following definitions. All listings that are
incorrectly classified should be withdrawn and re-listed in the
correct property type to avoid a fine. The usual withdrawal fee is waived for
wrong property types.
**Properties may only be
listed in multiple categories in the specific cases indicated below.
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Property
Type
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Definition
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Single
Family Detached Residence (SFD)
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A
property that is a free standing home, not attached to any other building.
This includes traditional single-family homes, cluster homes, and mobile
homes that include land. The bare minimum criterion for an SFD listing is a
set foundation.
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Single
Family Attached Residence (SFA)
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A
property that is physically attached to another home, in any manner. This
category includes single units in condominium complexes, high-rises, duplex
and multi-plex properties, as well as townhomes. This category replaces the
former condo/townhome category (CT).
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Multi-family
(MF)
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A
property that includes two or more attached units but is for sale as a whole
unit.
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Lot/Land
(LL)
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A
parcel of land fully developed and ready for construction. Once a foundation
has been set, the property should be listed as either single family or
commercial.
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Commercial
for Sale (CM)
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A
property that is zoned for business purposes and commercial income.
Commercial listings must include sale of the land; business opportunities
that do not include real estate are not eligible for listing in the service.
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Acreage
and Farms (AF)
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A
large tract of land that has not been subdivided and is available for sale as
a whole.
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Rental
Residential (RR)
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A
single family residence or condo/townhouse unit that is available for lease.
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Rental
Commercial (RC)
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A
property zoned for business purposes that is available for lease.
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Duplicate Listings
Multiple listings for a
single property are not allowed except in the cases indicated below. If a
property has multiple listings, the extra listings must be withdrawn so that only a single
listing exists. If the extra listings are not withdrawn in a timely manner, the
listing broker may be subject to compliance fines.
Exceptions - Georgia MLS
allows duplicate listings in a single property only if the listings clearly
offer different acreages at different list prices. Combinations of active
listings in different categories are allowed in the following cases:
·
Single
Family Detached (SFD) and Acreage and Farms (AF)
·
Single
Family Detached (SFD) and Rental Residential (RR)
·
Single
Family Attached (SFA) and Rental Residential (RR)
·
Commercial
for Sale (CM) and Commercial Rental (CR)
If a property is listed
by one broker but already exists as an active listing with another broker, the
two member offices are expected to communicate with one another to resolve the
issue. Georgia MLS will not withdraw either listing without the respective
broker's signed authorization.
Listing Remarks Violations
Because information from
public remarks, directions, and other text entry fields are distributed to
third-party websites, certain content is prohibited. Although Georgia MLS
reserves the right to disallow any content deemed inappropriate, the following
categories represent the most common offences:
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Contact
Information (websites, email, phone, fax address, etc.)
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Remarks
Indicating a listing is unavailable (do not show, unavailable, rented, etc.)
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Details
of Compensation to Agent/Broker (commission, incentive, bonus, etc.)
Contact or compensation
information that meets the above criteria can be placed in the private remarks.
Georgia MLS Photo Policy
Timeliness:
All residential active
listings must have a primary photo associated with it within 10 business days after
the listing has been entered into the system. Listings designated as “No Photo
Desired” must have written authorization from the seller to exclude a primary
image, which must be provided to the service upon request. Residential listings
that do not account for a photo will be subject to a fine.
Listing content
including, but not limited to, photos, images, drawings, graphics and virtual
tours related to listed property become the property of Georgia MLS at the time
of submission. The act of submitting listing content to Georgia MLS grants our
service ownership and authority to disseminate this content in Georgia MLS'
copyrighted databases.
The removal of listing
content that diminishes the quality or accuracy of the listing is strictly
prohibited and will result in compliance penalties until the listing content is
restored.
Image Requirements:
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The
focus of the primary photo must be the listed property and should be a single
image of the exterior front view taken in daylight.
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Images
must be of sufficient quality to be reproduced.
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Images
must not include contact information, recognizable signage, or
marketing/promotional messages.
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Alterations
to images such as decorative frames, watermarks, time stamps, or false color
representation are not allowed.
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Primary
photos should not contain images of people or animals.
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Renderings
or plat maps are acceptable for listings under construction. These must be
replaced with an acceptable image when the structure is recognizable. Members are
encouraged to update the primary photo to reflect stages of construction.
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If a
primary photo is provided for other non-residential property types, it must
follow the same rules governing listed residential property.
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GAMLS
has final judgment with regards to the acceptability of listing images.
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The
primary photo may not be removed unless it is being replaced.
