Listing Terms and Conditions

Listing policies and rules of State Listings, Inc. DBA www.nystatemls.com; and www.mystatemls.com, NY State MLS and My State MLS hereinafter known as the MLS.

Please familiarize yourself with The MLS Listing Policies and Guidelines (the “Listing Policies”), The MLS’s Terms of Use, and Privacy Policy prior to entering property listings on the The MLS website.   All member's listings are subject to the Listing Policies.  All Members must be licensed Agents and/or Brokers to enter listings into The MLS. All The MLS members agree to the following policy and the terms of use.  

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Listing Review

All listings entered on The MLS may be subject to review by The MLS company personnel ("Listing Review") prior to becoming available for full viewing online. The MLS reserves the right, but not the obligation, to review any listing entered on The MLS at any time. Although Member's listings may be subject to Listing Review, Member remains solely responsible for abiding by the Listing Policies and The MLS’s Terms of Use. The Listing Policies prohibit Member from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates The MLS's Terms of Use . By entering listings on The MLS, Member warrants and represents that Member owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Member to provide, post, upload, input or submit such content. Member acknowledges that The MLS cannot police or control all of the content provided by Member(s) that is made available on The MLS.

Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on The MLS until the issue in question has been addressed. When conducting Listing Review, new listings added to The MLS are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information), Listing Review will send an email message to the Member about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. After the Member receives notice from Listing Review, the Member will be given a reasonable amount of time (routinely, 48 hours) to respond. It is then the sole responsibility of the Member to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the site. However, if the Member fails to respond to the communication from Listing Review, The MLS in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service.

Required Fields

All fields noted by an and asterisk (*) and a red subject field in the Listing Wizard 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.

 

Address Fields

All Address fields on The MLS including Address, City, State and Zip Code are Required Fields. These fields are intended for listing the physical address or intersection of the property being listed. These fields are not for the listing of additional information about the property (see Property Description below). Entering "Confidential", "Call Broker", "Withheld", or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address1 or City Name fields is strictly prohibited. If a member wishes to keep an address undisclosed, they may select to do so via the listing wizard. The MLS reserves the right to remove any and all property listings with non-address related or invalid information in any address specific field with or without contacting the listing broker.

 

Property Descriptions

Property descriptions are for the descriptions of the property that is for sale or for lease only. The posting of contact name, phone number, fax number, company information or URL links for any contacts including those who are not The MLS members is strictly prohibited in this section. This type of information in any description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in The MLS's removal of all of such Member's active listings on the Service until all such content has been appropriately rectified.

 

Property Type

Properties must be identified with the appropriate property type. Adding the same listings under multiple property types is prohibited (see Duplicates). The MLS reserves the right to change or remove property types deemed to be misleading.

 

Pricing

A valid Sales Price in the Price Asking field for the listed property is required for all The MLS Sale Listings and a valid rental rate for each space is required for all The MLS Lease Listings. By entering a valid Asking Price in the required field and utilizing this function, properties will return in price range searches. The MLS reserves the right to remove all listings that are deemed to have invalid prices or rental rates including any listing with $0 listed in Lease Rate, Sales Price and Opinion of Value fields.

 

Listing Parameters

In order to maximize the features of the The MLS service, Members should note certain parameters in the listing process.

 

Property Types

The MLS is a web site for commercial and residential real estate. Listing of Commercial Buildings, Businesses, and Leases, Manufactured Homes on Leased Lands and Private Lands, Multi Units with Two to Four Families and with units greater than five, Single Family with Accessory Unit, Attached House, Condo, Coop, Condop and Attached Townhouse, Single Family Detached, and Vacant Land are all permitted to be listed on the MLS.

Property Auctions

Real property auctions are permitted on the MLS. All auction listings must clearly state in the Marketing Blurb/Listing Remarks that the property is for auction as well the time and place of the auction and the time or manner for potential bidders to inspect the property. If the property has a minimum or reserve price, that price must be used as the list price. If the property is an “absolute” auction (no minimum bid), the list price should be set at a fair price. When entering an auction listing, please state the following: Whether the proper property is available for showing, and how and when offers may be submitted. When entered a real property auction listing, members must share the the Commission Rate a percentage or dollar amount of unconditional compensation to be paid to any broker/salesperson or other legal party representing the successful bidder.  

 

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.

 

Contact Information

All member’s contact information, will be searchable within the pass-code-protected site.  This information will not be shown to the public, unless posted by the Member directly.  Broker/Agent contact information however, is required to be listed to the public.

 

Remarks

The Marketing Postfix is attached to listings and syndicated to sites that will take this information. Third party sites have their own listing policy and some will not take the marketing postfix. The MLS is not responsible for third party sites and their individual listing policy.

The Agent 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 The MLS staff without the permission of the listing broker.  Please use the Marketing Postfix for branding remarks.

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.  

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 The 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.

 

Duplicates

The MLS prohibits the listing of a single property more than once on the web site at the same time. A duplicate is defined as the same physical property listed under more than one property ID. The MLS reserves the right to remove any and all properties that are determined to be duplicates with or without contacting the listing broker. Members may, however, list a property for sale and for lease at the same time.

The MLS prohibits the listing of the same space more than once on the web site at the same time. A space listing is defined as a single suite or unit of space listed for lease. Total space available in a building cannot exceed the total square footage of the building. The MLS reserves the right to combine duplicate space listings into a single listing or to remove the listing from the system with or without contacting the listing broker.

 

Listing Quantity, Submission, and Display

The MLS members are given up to 100 listings per year at no cost. Any individual member who creates more than 100 listings per year will be subjected to pay a five dollar ($5.00) listing fee for each subsequent listing surpassing 100 listings. If a member creates more than 200 listings, they will be charged retroactively, and will be charged a five dollar ($5.00) for every listing that year.

Listings submitted by 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 company's listings.

 

Use of Photographs

Photographs posted, attached, affixed, or uploaded to listings must be actual photographs of the property, renderings of new construction or parcel maps of the actual properties being listed. All such photographs must be either (a) the property of the listing broker or (b) the listing broker must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the Member's website or on The MLS's website for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the building or property being listed, including brokerage company logos, may be removed at the discretion of The MLS. No photos of persons are to be uploaded to any listing at any time. Members may not post photographs that may be deemed offensive or in bad taste to other members or to the general public. The MLS may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision.

Prohibited Conduct

Members are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the The MLS Service.

"Billboard" Listings

Listings on The MLS are for properties that are currently offered for Sale or Lease. It is not permitted to post listings on the Service that have already been sold or are no longer on the market, i.e. posting listings on the Service for marketing or advertising purposes ("Billboard Listings"). All listings for properties already sold or off-market will be removed.  

 

Offensive Language

Use of profanity or vulgar language in any section of the The MLS database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Service immediately. Members posting such language to the The MLS web site may be subject to disciplinary action, including indefinite suspension of a Member's account, temporary suspension or a formal warning.

Violation of License

Members are prohibited from violating NY State Department of State applicable laws.  Members are also prohibiting from violating the state applicable laws from any state they may be licensed in.

Compensation/ Commission/Universal Co-Broke Agreement with All The MLS Members

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 The 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 The 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 The 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 The MLS staff membership review board and after determination by an independent arbitrator, the The 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 The 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 or The 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.  

Types of Listings Allowed

NYStateMLS and My State MLS allow the following listing in our database:

Exclusive Right to Sell & Exclusive Agency & Open Listings

Open listings will not syndicate to any third party site.

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 The MLS database within 3 business days of signing the listing contract.  Listing contracts may be submitted to the MLS on a case by case basis and they need to be kept in the participant's file.  Listings require an expired field so the database will expire listings automatically.  Open listings will be removed within 90 days of entering if the listing is not editing in that time frame.

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: June 15, 2017