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1.1: Name

Posted by CVRMLS Thu, 23 Dec 2010 14:16:00 GMT

The name of this organization is the Central Virginia Regional Multiple Listing Service (CVR MLS). CVR MLS is a Virginia limited liability corporation solely and wholly-owned by the Richmond Association of REALTORS® and the Southside Virginia Association of REALTORS®.

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1.2: Jurisdiction

Posted by CVRMLS Thu, 23 Dec 2010 14:18:00 GMT

The jurisdiction of CVR MLS is comprised of the cities of Richmond, Hopewell, Petersburg and Colonial Heights, and the Counties of Chesterfield, Dinwiddie, Goochland, Greensville, Hanover, Henrico, Powhatan, Prince George, Charles City, New Kent and King William, Surry and Sussex.

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1.3: Purpose

Posted by CVRMLS Thu, 23 Dec 2010 14:19:00 GMT

The Multiple Listing Service operated by CVR MLS is:
 
a)     a facility for the orderly compilation and dissemination of Listing information through which Participants may better serve their clients, and customers and the public;
 
b)    a means by which authorized Participants make blanket unilateral offers of compensation to other Participants (acting as buyer agents, or in other agency or non-agency capacities defined by law);
 
c)     a means of facilitating cooperation among Participants;
 
d)    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;
e)     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).

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1.4: Meetings

Posted by CVRMLS Thu, 23 Dec 2010 14:20:00 GMT

The meetings of the CVR MLS Board of Directors for the transaction of CVR MLS business shall be held in accordance with the Operating Agreement of CVR MLS.

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1.5: Posting of Rules & Regulations

Posted by CVRMLS Thu, 23 Dec 2010 14:21:00 GMT

A current version of the CVR MLS Rules & Regulations is available on the CVR MLS MATRIX web site. CVR MLS Rules and Regulations may be amended from time to time by the Board of Directors of the Central Virginia Regional Multiple Listing Service. Changes to the Rules and Regulations will be noticed to all Users on the CVR MLS MATRIX web site and shall become effective no earlier than 30 days after such notice is posted.

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2: Definitions

Posted by CVRMLS Thu, 23 Dec 2010 14:31:00 GMT

ADMINISTRATIVE USER – Affiliated Administrative and clerical staff who provide support to Participants and Subscribers.
 
ASSESSOR USER – City or county real estate assessors for localities within the jurisdiction of CVR MLS
 
CVR MLS - Central Virginia Regional Multiple Listing Service, LLC.
 
CVR MLS COMMITTEE - a committee of Participants and Subscribers appointed by the President of CVR MLS and approved by the CVR MLS Board of Directors. The role of the CVR MLS Committee is to ensure quality service to Participants and Subscribers, advise on the operations of CVR MLS, and administer the Rules and Regulations.
 
CVR MLS COMPLIANCE COMMITTEE – The CVR MLS Compliance Committee is comprised of the fifteen (15) members of the Richmond Association of REALTORS® Grievance Committee and three (3) appointed members of the Southside Virginia Association of REALTORS® Grievance Committee. These members serve for staggered three year terms which shall run concurrent with their respective Grievance Committee service terms. The CVR MLS Compliance Committee will interpret the Rules and Regulations of CVR MLS, oversee their enforcement and when necessary, conduct hearings.
 
DUAL OR VARIABLE RATE COMPENSATION ARRANGEMENTS - A dual or variable rate commission arrangement is one in which the Seller agrees to pay a specified commission if the property is sold/leased by the Listing Participant without assistance and a different commission if the sale/lease results through the efforts of a cooperating Participant or one in which the Seller agrees to pay a specified commission if the property is sold/leased by the Listing Participant either with or without the assistance of a cooperating Participant and a different commission if the sale /lease results through the efforts of a Seller.
 
EXCLUSIVE AGENCY LISTING – A Listing pursuant to a contractual agreement under which the Listing Participant acts as the legally recognized agency or non-agency representative of the Seller, and the Seller agrees to pay a commission to the Listing Participant if the property is sold through the efforts of any real estate broker. If the property is sold solely through the efforts of the Seller, the Seller is not obligated to pay a commission to the Listing Participant. 
 
EXCLUSIVE RIGHT TO SELL LISTING - A Listing pursuant to a contractual agreement under which the Listing Participant acts as the legally recognized agency or non-agency representative of the Seller, and the Seller agrees to pay a commission to the Listing Participant, regardless of whether the property is sold through the efforts of the Listing Participant, the Seller, or anyone else; and a contractual agreement under which the Listing Participant acts as the agent or as the legally recognized non-agency representative of the Seller, and the Seller agrees to pay a commission to the Listing Participant regardless of whether the property is sold through the efforts of the Listing Participant, the Seller, or anyone else, except that the Seller 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 is not obligated to pay a commission to the Listing Participant. 
 
EXCLUSIVE AUTHORIZATION TO LEASE LISTING -  A Listing pursuant to a contractual agreement under which the Listing Participant acts as the agent or as the legally recognized non-agency representative of the Seller, and the Seller agrees to pay a commission to the Listing Participant, regardless of whether the property is leased through the efforts of the Listing Participant, the Seller, or anyone else; and a contractual agreement under which the Listing Participant acts as the agent or as the legally recognized non-agency representative of the Seller and the Seller agrees to pay a commission to the Listing Participant regardless of whether the property is leased through the efforts of the Listing Participant, the Seller, or anyone else, except that the Seller 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 is not obligated to pay a commission to the Listing Participant. 
 
INTERNET DATA EXCHANGE (IDX) - A means by which each Participant may permit the display of its firm’s Listings to appear on other IDX Participants’ Internet displays.
 
INTERNET DATA EXCHANGE DATABASE or IDX DATABASE- The current aggregate compilation of the Listings of all IDX Participants with the exception of those Listings in which a Seller has opted out of Internet publication.
LIMITED SERVICE LISTING – Exclusive Agency Listings or Exclusive Right to Sell Listing under which the Listing Participant will not provide one, or more, of the following services:
a. Conducting marketing activities on behalf of the Seller in accordance with the brokerage agreement. In so doing, the Participant shall seek a sale at the price and terms agreed upon in the brokerage relationship or a price and terms acceptable to the seller; however, the Participant shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract sale, unless agreed to as part of the brokerage relationship or as the contract of sale so provides;
b. Assisting in the drafting and negotiating of offers and counteroffers, amendments and addenda to the real estate contract pursuant to §54.1-2101.1 of the Code of Virginia and in establishing strategies for accomplishing the Seller’s objectives;
c. Receiving and presenting in a timely manner written offers and counter offers to and from the Seller and purchasers, even when the property is already subject to a contract of sale;
d. Providing reasonable assistance to the seller to satisfy the Seller’s contract obligations and to facilitate settlement of the purchase contract.
 
LISTING AGREEMENT – an enforceable, written and fully executed agreement for an Exclusive Right to Sell Listing or Exclusive Agency Listing between a Listing Participant and Seller whereby the Seller employs the Participant to market and sell the subject property and the Seller agrees to pay compensation for service provided. The Listing agreement for properties submitted to CVR MLS must contain an offer of compensation to a cooperating Participant and the copyright authorizations required under these Rules and Regulations and the Seller’s authorization regarding internet and address display and limitations if any regarding Automated Valuation Models (AVM) and the posting of comments about the property. See Appendix A of these Rules and Regulations.
 
LISTING CONTENT (LISTING) -“Listing content” as used in the National Association of REALTORS® multiple listing policies, including the model MLS rules and regulations, includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks narratives, pricing information and other details or information related to listing property.
 
MULTIPLE LISTING SERVICE (MLS) – the multiple listing service owned and operated by CVR MLS.
 
MLS DATABASE – The database maintained by CVR MLS that contains real estate Listings in the following categories: active, pending sold, for rent, for lease, leased, lease-purchase, withdrawn and released Listing data, as such database is modified from time to time by CVR MLS. The term MLS Database, as used in these Rules and Regulations, shall be construed to include any format in which Listing data is collected and disseminated.
PARTICIPANT – Any REALTOR® member of the Richmond Association of REALTORS®, Inc., the Southside Virginia Association of REALTORS® or any other association who is a principal, partner, corporate officer or branch manager acting on behalf of a principal, without further qualification, except as otherwise stipulated herein, shall be eligible to participate in the MLS upon agreeing in writing to conform to the CVR MLS rules and regulations thereof and to pay costs incidental thereto. However, under no circumstances is any individual or firm, regardless of membership status, entitled to Multiple Listing Service "membership" or "participation" unless they hold a current, valid real estate broker’s license and offer or accept compensation to and from other Participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property. Use of information developed by or published by the MLS is strictly limited to the activities authorized under a Participant’s licensure(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey "participation" or "membership" or any right of access to information developed by or published by the MLS where access to such information is prohibited by applicable law. Any person who qualifies for participation in the MLS shall be a Participant.  Participant may also be referred to a Broker Participant.
 
PROPERTY MANAGEMENT AND EXCLUSIVE RENTAL AGREEMENT – A Listing pursuant to a contractual agreement under which the Listing Participant acts as the agent or as the legally recognized non-agency representative of the Seller, and the Seller agrees to pay a commission to the Listing Participant, regardless of whether the property is leased through the efforts of the Listing Participant, the Seller, or anyone else; and a contractual agreement under which the Listing Participant acts as the agent or as the legally recognized non-agency representative of the Seller and the Seller agrees to pay a commission to the Listing Participant regardless of whether the property is leased through the efforts of the Listing Participant, the Seller, or anyone else, except that the Seller 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 is not obligated to pay a commission to the Listing Participant. 
 
SELLER – Property Owner(s) and/or Lessor(s)/ Landlord(s).
 
SHORT SALE - a transaction in which title transfers, where the sale price is insufficient to pay the total of all liens and costs of sale and where the Seller does not bring sufficient liquid assets to the closing to cure all deficiencies.

STRUCTURED COMPENSATION - Compensation in the MLS must be expressed as a percentage of the gross sale price or a flat fee.  Tiered or structured compensation is allowed.  (Example: compensation shall be x% of the first $100,000. of the sales price and y% of the balance of the sales price).  The terms of such structured compensation should be entered in the Structured Compensation Terms field.

SUBSCRIBER – Subscribers are Non-principal (Associate) brokers and real estate sales licensees who possess a valid real estate license and are licensed with an MLS Participant may become agent Subscribers of CVR MLS. Subscriber may also be referred to as Agent Subscriber.
 
USER – Participants, Subscribers, Administrative Users and Assessor Users, collectively.
 
VENDOR - any third person or entity that displays Listing content on a Participant’s or Subscriber’s behalf.

 



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3.1: Participant

Posted by CVRMLS Tue, 21 Dec 2010 21:41:00 GMT

Any REALTOR® member of the Richmond Association of REALTORS®, Inc., the Southside Virginia Association of REALTORS® or any other association who is a principal, partner, corporate officer or branch manager acting on behalf of a principal, without further qualification, except as otherwise stipulated herein, shall be eligible to participate in the MLS upon agreeing in writing to conform to the CVR MLS Rules and Regulations thereof and to pay costs incidental thereto. However, under no circumstances is any individual or firm, regardless of membership status, entitled to Multiple Listing Service "membership" or "participation" unless they hold a current, valid real estate broker’s license and offer or accept compensation to and from other Participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property.  Use of information developed by or published by the MLS is strictly limited to the activities authorized under a Participant’s licensure(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey "participation" or "membership" or any right of access to information developed by or published by the MLS where access to such information is prohibited by applicable law. Any person who qualifies for participation in the MLS shall be a Participant.

Mere possession of a broker’s license is not sufficient to qualify for MLS participation.  Rather, the requirement that an individual or firm ‘offers or accepts cooperation and compensation’ means that the Participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of cooperation and compensation made by Listing Participants or agents in the MLS.  "Actively" means on a continual and on-going basis during the operation of the Participant’s real estate business.  The "actively" requirement is not intended to preclude MLS participation by a Participant or potential Participant that operates a real estate business on a part time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions.  Similarly, the requirement is not intended to deny MLS participation to a Participant or potential Participant who has not achieved a minimum number of transactions despite good faith efforts.  Nor is it intended to permit an MLS to deny participation based on the level of service provided by the Participant or potential Participant as long as the level of service satisfies state law.
The key is that the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on the MLS in which participation is sought.  This requirement does not permit an MLS to deny participation to a Participant or potential Participant that operates a Virtual Office Website ("VOW") (including a VOW that the Participant uses to refer customers to other Participants) if the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation.  An MLS may evaluate whether a Participant or potential Participant "actively endeavors during the operation of its real estate business" to "offer or accept cooperation and compensation" only if the MLS has a reasonable basis to believe that the Participant or potential Participant is in fact not doing so.  The membership requirement shall be applied on a nondiscriminatory manner to all Participants and potential Participants. 

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3.2: Subscriber

Posted by CVRMLS Tue, 21 Dec 2010 21:43:00 GMT

Subscribers are Non-principal (Associate) brokers and real estate licensees who possess a valid real estate license and are licensed with an MLS Participant may become agent Subscribers of CVR MLS (“Subscriber”). Subscribers are responsible for all MLS services fees, compliance with MLS Rules and Regulations and the limitations and restrictions of state law. Subscribers shall be eligible to participate in the Multiple Listing Service upon Subscriber agreeing in writing to conform to the CVR MLS Rules and Regulations and to pay the required fees for Subscriber access. Participant must authorize Subscriber access requests.

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3.3: Administrative User

Posted by CVRMLS Tue, 21 Dec 2010 21:44:00 GMT

Affiliated administrative and clerical staff who provide support to Participants and Subscribers may become administrative users of the MLS (“Administrative User”). The Participant is responsible for the Administrative User and his or her compliance with CVR MLS rules and regulations and the limitations and restrictions of state law. Administrative Users shall be eligible to participate in the Multiple Listing Service upon the Participant and the User agreeing in writing to cause the Administrative User to conform to the CVR MLS Rules and Regulations and to pay the required fees for Administrative access. The responsible Participant must authorize all Administrative User access requests.

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3.4: Assessor User

Posted by CVRMLS Tue, 21 Dec 2010 21:46:00 GMT

City or county real estate assessors for localities within the jurisdiction of CVR MLS may become Assessor users (“Assessor User”). Assessor Users are responsible for all MLS services fees (if any) and must agree to comply with CVR MLS Rules and Regulations and the limitations and restrictions of state law.

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3.5: Required Training

Posted by CVRMLS Tue, 21 Dec 2010 21:48:00 GMT

All applicants for MLS access including Broker Participants, licensee Subscribers and Administrative Users affiliated with a Broker participant and licensed appraisers must complete an orientation program consisting of 2.5 classroom hours devoted to MLS system training within thirty (30) days of application for MLS access. MLS passwords are provided upon completion of the training. During the time between application for MLS access and receipt of a password, MLS staff can add or modify listing information for the Participant or Subscriber for a fee as determined by the CVR MLS Board of Directors.
 

Participants and Subscribers may be required, at the discretion of the MLS, to complete additional training of not more than four (4) classroom hours in any twelve (12) month period when deemed necessary by the MLS to familiarize Participants and Subscribers with system changes or enhancement and/or changes to MLS rules or policies. Participants and subscribers must be given the opportunity to complete any mandated additional training remotely.

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4.1: REALTOR Code of Ethics

Posted by CVRMLS Thu, 23 Dec 2010 14:57:00 GMT

All Users agree to abide by CVR MLS rules, regulations and policies and the limitations and restrictions of Virginia state law.

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4.2: Commission Rates

Posted by CVRMLS Thu, 23 Dec 2010 14:59:00 GMT

The CVR MLS shall not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by Participants. Further, CVR MLS shall not fix, control, recommend, suggest, or maintain the division of commissions or fees between cooperating Participants or between Participants and non-participants.

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4.3: Trademark Use

Posted by CVRMLS Thu, 23 Dec 2010 15:00:00 GMT

No MLS participant, subscriber or licensee affiliated with any participant shall, through the name of their firm, their URLs, their e-mail addresses, their website addresses, or in any other way represent, suggest, or imply that the individual or firm is an MLS, or that they operate an MLS.  Participants, subscribers and licensees affiliated with participants shall not represent, suggest, or imply that consumers or others have direct access to MLS databases, or that consumers or others are able to search MLS databases available only to participants and subscribers.  This does not prohibit participants and subscribers from representing that any information they are authorized under MLS rules to provide to clients or customers is available on their websites or otherwise.  Rev 5/2/13

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4.4: Verification of Listing Data

Posted by CVRMLS Thu, 23 Dec 2010 15:02:00 GMT

CVR MLS does not verify Listing Content provided by Participants and Subscribers and disclaims any responsibility for its accuracy. Each Participant and Subscriber agrees to hold CVR MLS harmless from any liability arising from any inaccuracy or inadequacy of any information entered in the CVR MLS MATRIX Database.

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4.5: Confidentiality

Posted by CVRMLS Thu, 23 Dec 2010 15:04:00 GMT

Any information provided by CVR MLS to any User shall be considered confidential, including without limitation, the MLS Database, the IDX Database, any User’s password to the MLS Database and IDX Database, any printouts of the MLS Database and IDX Database as provided under these Rules and Regulations, and all Participant’s Listings, including personal information of a Seller included in a Participant’s Listing (“Confidential Information”). Confidential Information shall be maintained by the User as confidential and available exclusively for the use by CVR MLS Participants, Subscribers, Administrative Users and Assessor Users. CVR MLS Users shall not disclose any Confidential Information to anyone, except as expressly allowed under these Rules and Regulations, or as ordered by acourt of competent jurisdiction or as otherwise required by law. CVR MLS Users shall not disclose any Confidential Information pursuant to a court order or as required by law until the applicable Participants, Subscribers, Administrative Users and Assessor Users has given CVR MLS ten (10) days prior written notice and an opportunity to oppose such disclosure. Notwithstanding the foregoing, Participants and Subscribers may disclose individual Listings maintained in the MLS Database in the ordinary course of Participant’s or Subscriber’s real estate or appraisal business.

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4.6: Password Use

Posted by CVRMLS Thu, 23 Dec 2010 15:05:00 GMT

A confidential password is issued to each authorized User upon completion of the MLS training requirement. For security purposes Users are periodically required to change their passwords. Access to the MLS Database is restricted to Users. Any User who allows another User or unauthorized party to utilize their personal user name and password to gain access to the MLS Database or use of the MLS Database or any derivative thereof shall be subject to a fine. 

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4.7: Maintenance of Listing Content

Posted by CVRMLS Thu, 23 Dec 2010 15:07:00 GMT

Each Participant and Subscriber agrees to take all actions necessary to maintain Listing Content in compliance with the terms and conditions of these Rules and Regulations.

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4.8: Representations and Warranties

Posted by CVRMLS Wed, 22 Dec 2010 20:00:00 GMT

By the act of submission of Listings to CVR MLS, the Participant and Subscriber represent and warrant that:
 A. The Participant has been authorized to grant and also thereby does grant authority for CVR MLS to include the Listings in the MLS Database and also in any statistical report on comparable data. All right, title, and interest in the MLS Database shall at all times remain vested in CVR MLS as provided under these Rules and Regulations
B. The Participant and the Seller have entered into an Exclusive Agency, Exclusive Right to Sell, Exclusive Authorization to Lease or Property Management agreement.
C. The Seller has agreed in writing that CVR MLS may include the Listing in the MLS Database, license the MLS Database to third parties, disclose and publicly display the Listing, and otherwise lawfully use the Listing information.
D. The Listing complies in all respects with these Rules and Regulations.
E. To the best of the Participant’s and Subscriber’s knowledge, and after reasonable due diligence to verify accuracy, all information included in the Listing Content is accurate and complete.
F. All creative works included in the Listing Content are either original works of authorship of the Participant and/or Subscriber, including all remarks and other text, photographs, video clips, and other graphics and all other components of the Listing Content, or Participant and/or Subscriber have acquired all ownership and copyrights in such Listing Content and its components pursuant to written assignments.
G. Participant has assigned their rights in the Listing Content to CVR MLS in accordance with these Rules and Regulations and no other person or entity has any rights of any nature in or to any of the Listing Content. 
H. There are no claims, litigation or proceedings pending or threatened with respect to the Listing, or any component of the Listing Content. 

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4.9: Use of the MLS Database

Posted by CVRMLS Wed, 22 Dec 2010 20:03:00 GMT

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