Section 10: Enforcement & Dispute Resolution
This article covers MLS Now Rules sections 10.1 through 10.9: 10.1, 10.10 MLS Now Internal Policies:, 10.2, 10.3 Unauthorized Use of Listing Content:, 10.4 Abusive Conduct:, 10.5 Abuse of Notification System:, 10.6 Manipulation of Listing Data:, 10.7 Corrections:, 10.8 Arbitration:, 10.9 Indemnification; Limitation of Liability:.
10.1 MLS Now considers all written complaints alleging violations. When requested, MLS Now may process a complaint without revealing the complainant's identity; if a hearing is required and the original complainant declines to participate, MLS Now may appoint a representative complainant.
10.2 Fines and other sanctions are issued in accordance with MLS Now's penalty schedule.
10.3 Unauthorized Use of Listing Content: Any Participant who believes another has engaged in the unauthorized use or display of listing content may send written notice of the alleged use to MLS Now. After investigating, if MLS Now determines an unauthorized use has occurred, it may remove the content or send a notice to the user. A user receiving notice must, within two business days, either remove the content or provide proof of authorization. If the alleged violation remains uncured, the complaining party may seek action through a court of law.
10.4 Abusive Conduct: Subscribers may not engage in abusive conduct towards MLS Now or Association staff. Abusive conduct includes, but is not limited to, issuing threats or intimidation, using profanity or insulting language, harassment, or bullying.
10.5 Abuse of Notification System: If the MLS staff determines a Participant is abusing the system for notifying Participants of improper entries, the MLS staff reserves the right to waive mail messages and place one courtesy telephone call, with correction required by 5:00 p.m. the same day. Failure to correct by the specified time will result in an automatic penalty and staff removal of the incorrect information.
10.6 Manipulation of Listing Data: A Subscriber may not modify or manipulate data relating to their listing(s) that alters the accuracy of the listing data information.
10.7 Corrections: Participants must make corrections by stated deadlines. Failure to correct may result in MLS Now removing information or the listing from the database and imposing penalties. MLS Now may waive ordinary notification protocols in cases of abuse of the correction process and require same-day correction after courtesy contact.
10.8 Arbitration: Complaints of unethical conduct against REALTOR® members will be referred to their Board/Association of REALTORS® for appropriate action in accordance with the Professional Standards Manual established in the Board/Association's Bylaws. By becoming and remaining a Participant, each Participant agrees to arbitrate MLS-participant-to-participant disputes involving contractual and specific non-contractual issues, administered in accordance with applicable interboard arbitration agreements or the Code of Ethics and Arbitration Manual. Non-REALTOR® Participants and Subscribers are bound to the arbitration forum applicable to the REALTOR® Participant through whom they access MLS Now or as specified by MLS Now's governance. A Participant may not bring legal action against another Participant for alleged rule violations without first exhausting the remedies provided in these Rules.
10.9 Indemnification; Limitation of Liability: Participant shall defend, indemnify and hold harmless MLS Now and every other Participant from and against any liability, claims, costs, or losses, including reasonable attorney fees, arising out of any content the Participant submits to or wrongfully reproduces from the MLS. In no event will MLS Now be liable to any Participant or any other party for any indirect, special, or consequential damages, and all other damages shall be limited to an amount not to exceed the MLS fees paid by the Listing Broker.
10.10 MLS Now Internal Policies: MLS Now maintains internal policies governing the operation of the MLS and topics such as required fields and confidential fields, which MLS Now will enforce internally and may not deviate from at the request of a Subscriber.