About the New MLS Fine



fines

New $1,000 FINE goes into effect February 27th!!


At its January, 2021 meeting, the Daytona Beach Area Association of REALTORS' Multiple Listing Service Committee established an MLS Fine in the amount of $1,000 for members who advertise other member's listing without permission from the listing broker.
The new fine is in response to a rash of postings on different social media sites where a member posts a listing that belongs to another brokerage without that brokerage's permission.
This practice violates both MLS Rules and the Code of Ethics:
MLS Rules - Section 2.7: Advertising of Listings Filed With the Service
"A listing shall not be advertised by any participant other than the listing broker without the prior consent of the listing broker."
In addition, the Code of Ethics states:
Code of Ethics - Standard of Practice 12-4
"REALTORS shall not offer for sale/lease or advertise property without authority."

The MLS Committee recommended the new fine be established without warning. In other words, once proof is received by the MLS of the violation, the fine is levied against the offending member. There is no grace period to correct the violation since it has already occurred by the time the fine is levied.
At is January 27th meeting, the Board of Directors approved the MLS Committee recommendation, with a 30-day notification period. So this new fine will take effect on February 27th.

Questions and Answers About the New MLS Fine

Q: Is this a new rule?
A: No, the MLS Rules has ben in place for years. The MLS Committee just attached a fine for violation of the rule.

Q: What about IDX? Can we still display other broker's listings on an IDX website?
A: Yes! The MLS Rule does NOT apply to consumer-facing IDX websites.

Q: Why was this fine adopted?
A: The MLS Committee adopted this fine because of the proliferation of agents posting other broker's listings on social media sites (Facebook, Instagram, twitter, Craigslist, etc.) without the Listing Broker's permission.

Q: What about Facebook? Can we still share listings on Facebook?
A: Listing agents can post their own listings on Facebook at their pleasure. But an agent cannot post another broker's listing on Facebook without that Listing Broker's permission. Facebook is NOT IDX.

Q: Can't I post someone else's listing as long as I put something like "Listing courtesy of . . .?"
A: No. Again, Facebook is NOT IDX. Regardless of whether or not you include the Listing Broker attribution, you cannot advertise another broker's listing without permission.

Q: Can I still email other broker's listings from the MLS to potential buyers?
A: Yes! Sending listings of interest to prospective buyers is not a violation of this rule because it is not the same thing as indiscriminately advertising another broker's listing.

Q: Can I still send a postcard out after I sell someone else's listing?
A: Yes! If you were the Selling Agent, you can say you sold the property, and announcing that sale is not advertising the property.

More Questions?
Call the MLS at (386) 677-7131