New Miami MLS Rules go into effect on August 02, 2021. There are new, more strict rules and several tiers of fines depending on the severity of the violation and the frequency.
Fines include monetary fines or MLS Review Panel. Fines are cumulative on a per listing basis. Fines not paid within 30 days will be subject to additional fees and/or suspension of MLS services. Subsequent violations within 2 years are subject to the escalated penalties taking in effect.
These are some of the most important Rules that are taking effect on August 02, 2021. A summary of these and other rules and schedules of fines can be seen at MLS 2021.
Showings and Negotiations
- Availability of Listing. Requests for showings: Appointments are not on-demand or at the buyer agent’s schedule but within a reasonable time and availability of a property. An Active listing shall be made available for showing to cooperative members unless it is under contract, even during contract negotiations, including counteroffers.
Member will get fined if:
- Failure to respond within 24 hours to Showing Requests per showing instructions and/or Remarks/Broker Remarks in the listing. Showing Requests includes failing to respond to any way of communication or instruction giving in the listing, respond to calls, text messages, emails, Show Assist requests, etc.
Required Documentation to Report a Possible Violation
ALWAYS provide the MLS Number with one of the following:
- Copy of no response to Showing Request (per instructions)
- Copy of notice Showing Assist not enabled (per instructions)
- Copy of text messages with no replies (per instructions)
- Agent name/date/time of the phone call with no reply (per instructions)
- Broker/Office name/date/time of the phone call with no reply (per instructions)
Report to MLSstatus@miamire.com. Must include required documentation
- Failure to respond to written Request of the Affirmation Request: Presentation of Purchase Offer form within two business days.
The Affirmation Request: Presentation of Purchase Offer form is a new form just introduced by the Miami Board of Realtors to undertake the much-discussed denial of some members of summitting all written offers to the Seller even after having a fully executed contract.
According to the Policies and Procedures – Rules and Regulations of the Miami Association of Realtors®, Inc. Multiple Listing Service 2021, Section 2.1: Submission of Written Offers: The listing broker must submit to the Seller all written offers until closing unless precluded by law, government rule, regulation, or agreed otherwise in writing between the Seller and the listing broker.
Suppose the Listing Broker refuses to present an offer, and there is a written agreement that authorizes the listing broker not to accept other offers once an executed contract is executed. In that case, a copy of the written agreement must accompany the offer not being submitted to the Seller or a rejected offer.
Unless the subsequent offer is contingent upon the termination of an existing contract, the listing broker shall recommend that the Seller obtain the advice of legal counsel prior to acceptance of the subsequent offer.
Required Documentation to Report a Possible Violation
ALWAYS provide the MLS Number with one of the following:
- Copy of MLS Offers system confirmation (integrated with MLS)
- Copy of Request for Written Affirmation Form and Read Receipt from email
- Copy of Request for Written Affirmation Form and Text Message(s) to agent
- Copy of Request for Written Affirmation Form and Text Message(s) to Broker
- Copy of Request for Written Affirmation Form and Agent name/date/time of phone call
- Copy of Request for Written Affirmation Form and Broker name/date/time of phone call
Report to MLSstatus@miamire.com. Must include required documentation
Loading Listings and Reporting Changes by Deadline
Member will get fined if:
- Active listing entered with future availability to show date. Does not include Tenant Occupied Rentals
*Members found in violation of the above may lose MLS listing add/edit capability for 30 to 90 days.
Required Documentation to Report a Possible Violation of Active listing entered with future availability to show date
ALWAYS provide the MLS Number with one of the following:
- Copy of text messages/email with not available to show until a future date
- Reference Broker Remarks if a future date is stated
- Agent name/date/time of phone call and the stated future date
- Broker name/date/time of phone call and the stated future date
Report to MLSstatus@miamire.com. Must include required documentation
- Advertising a listing NOT authorized as YES Ok to Advertise in the actual listing OR failure to obtain permission when Only with Written Permission is required within the listing or failure to provide listing company attribution when required
NOTE: Does not include IDX or Syndication
A listing shall not be advertised by any Participant other than the listing broker without the prior consent of the listing broker.
Broker may opt into the required field Ok to Advertise: NO; YES – Attribution Required; YES – Attribution NOT Required; With Written Broker Approval.
Required Documentation to Report a Possible Violation
ALWAYS provide the MLS Number with one of the following:
- Screen capture of listing ( provide website address)
- Direct URL of website listing
- Copy of social media marketing (provide agent social media identity)
- Copy or link to email marketing of the listing
- Copy of print marketing of the listing
Report to MLSstatus@miamire.com. Must include required documentation
It is important to be aware of these new rules, especially the failure to respond within 24 hours to Showing Requests. I am pretty sure that more than one agent including myself has experienced some sort of frustration when wanting to show a property and no response is obtained from the listing agent even after following the showing instructions to the T. Similarly, I have personally avoided some calls thinking of a Spam call and resulted in an agent call asking for showing instructions. I think this new rule will definitely change the way to do business for the better.
The 2021 MLS Fine Schedule and some of the information provided here are courtesy of the Miami Board of Realtor®