Listing Terms and Conditions
Listing policy’s and rules of State Listings, Inc. DBA www.nystatemls.com; herein after known as NY State MLS.
All fields noted by an asterisk (*) on the Add New Listing page are required fields and must be completed with valid data pertaining to the property being listed ("Required Fields"). Property listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields.
In order to maximize the features of the NY State MLS service, Members should note certain parameters in the listing process.
Status & Expiration Date
Status is a required field on all listings. Status include Active, Pending (Contract), Sold, Rented, Expire, Withdrawn. Expiration date is a required field, however when an Agent full listing is being displayed to a member who is not the listing agent, the Expiration Date is hidden from view and can only be seen by the listing agent or broker.
The Marketing Blurb: remarks are remarks that viewable by the public on the public brochure listings. For Standard and Premium Members the marketing remarks will be sent to ListHub and directly fed websites. Agents may self promote with contact information in this field.
REALTOR.com Marketing Remarks are remarks that are viewable when a listing is emailed by an agent that is not the listing agent. These remarks prohibit any contact information of any kind. The listing broker is prohibited from self promoting in this field. Web addresses, email addresses, phone numbers, name of listing broker or any information that might relate to the listing broker or agent is prohibited from this field. Any contact information in this field may be removed by the NY State MLS staff without the permission of the listing broker.
Detailed Remarks (member’s only field)should give a more detailed description of the property and any notes the listing agent wishes to add that was not provided as an input field. However, Listings that post "Confidential", "Call broker", "Undisclosed", "Withheld" or any other similar verbiage in any required field including Address1, City Name, property description text fields, detailed remarks section, or directions area are prohibited. All content of this type will be removed from the listing prior to approval for viewing by searchers on the NY State MLS site. Habitual abuse of this policy may lead to the removal of all active listings for the listing broker from the site.
At no time will NY State MLS be responsible for the comments or remarks in the remarks section or any other section of a listing entered by a member. Information entered by member’s is each member’s responsibility and verification of all information in any listing should be verified by the cooperating broker.
Listings submitted by Standard Members and Premium Members will only be shown to the public if they are active. Member’s may search and view any listing status other than hidden/draft listings. Hidden/draft listings are only available to the listing agent/broker or Administrator of a companies listings.
Members are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the NY State MLS Service.
Violation of License
Members are prohibited from violating NY State Department of State applicable laws.
Compensation/ Commission/Universal Co-Broke Agreement with All NY State MLS Members
NY State MLS Members must offer Compensation on each listing that is offered for sale. Any compensation or commission that is offered is the sole responsibility of the listing broker and the listing broker is solely and wholly responsible for paying that compensation or commission. At no time will State Listings, Inc. or NY State MLS be responsible for paying compensation or commissions to any party at any time for either listing, selling or leasing or renting a property, business, mobile home or any other listing type. Furthermore, if the listing broker fails to pay the offered compensation or commission to the selling agent or any dispute arises, neither State Listings, Inc nor NY State MLS will be responsible to pay any compensation, commission or any money whatsoever to either party involved in any transaction. Rental listings may indicate that compensation is to be paid by the buyer’s agent’s client, if that is typical for the market. All listings are automatically opted into the IDX (internet data exchange) as the default. Listings can be opted out on an individual basis.
Failure To Pay Compensation
If a member broker should fail to pay an offered commission that was legally earned by the cooperating broker, the cooperating broker may make a complaint to the NY State MLS. If it is determined that a broker continually makes offers of compensation and then fails to pay that compensation, it may be determined by the NY State MLS staff membership review board and after determination by an independent arbitrator, the NY State MLS at its sole discretion that a member is in violation of this agreement then the offending broker may be subject to suspension of MLS access and service. The only recourse offered to the complaining broker by the NY State MLS and State Listings, Inc. will be the membership suspension and access to the MLS for the offending Broker/Member. At no time will State Listings, Inc DBA www.nystatemls.com (NY State MLS) be responsible for paying any commission, compensation or co-broke to any member at any time regardless of the circumstances.
DIVISION OF COMMISSION WITH NON-MEMBERS - The Multiple Listing Service shall make no rule on the division of commission between members and non-members. This remains solely the responsibility of the Listing Broker and their client.
Field Views For Agent Full Listing Views
Different fields will view depending upon your level of membership. The following is the field view schedule for agent full listings:
Free Membership: Up to 1 Photo will display, expiration date field will not display, all other fields will display
Paid Membership: Up to 21 Photos will display, expiration date field will not display, all other fields will display
Types of Listings Allowed
NYStateMLS allows the following listing in our database:
Exclusive Right to Sell & Exclusive Agency
Offers of Cooperation and Compensation
Participants agree to unilateral offers of cooperation and compensation with other members. All listings require that offers of cooperation and compensation are made on every listing.
Timing of Listing Submission
Participants agree to submit listings to NYStateMLS database within 3 business days of signing the listing contract. Listing contracts do not need to be submitted to the MLS, however they do need to be kept in the participant's file to be produced upon request of the MLS. Listings require an expired field so the database will expire listings automatically.
Withdrawn listings must be withdrawn within 3 business days of receiving the signed listing withdrawal. Sold listings must be updated within 3 business days of closing date. Contract, Pending and Off Market listings must be updated with the current status within 3 business days of any status change.
Participants who fail to keep their listings updated with the appropriate status may be subject to membership suspension.
Last Updated: April 30, 2013