As Adopted October 1998 and Revised Through September 19, 2016 to June 24, 2020
BAREIS MLS® Rules: Printable PDF
BAREIS Bylaws: Printable PDF
Rule No(s). |
Description |
Fee Amount |
6.1 |
Quarterly Billing Cycle: 45 Days prior to the start of the quarter, due 15 days prior to the start of the quarter. Fees are nonrefundable after the start of the quarter. |
|
6.1.1 |
Application Fee (Participant) Application Fee (Subscriber) |
$300.00 $50.00 |
6.1.2 |
Quarterly User Fee |
$114.00 |
6.1.3 |
Quarterly Administrative User Fee |
$69.00 |
6.1.5 |
Return from Leave of Absence--Participant Return from Leave of Absence—Subscriber Staff Loaded Listing (non-reciprocal) Listing Photos (first photo free) Standard Reciprocal Listing (for input into BAREIS only) Syndicated Reciprocal Listing Co-op Key Programming Fee Annual Co-op Fee Returned Check Fee Failed Credit Card Fee |
$50.00 $15.00 $25.00 $3.50 each $75.00 $150.00 $20.00 $132.00 $25.00 $25.00 |
6.2 |
Late Fee per Member Reinstatement Fee – if within one year of Suspension of MLS Privileges |
$25.00 $25.00 |
9.5 |
Duplicate Listing (must obtain prior approval from BAREIS staff) |
$30.00 |
9.18 |
Status/Listing Change |
$5.00 |
17.1.2 |
Appeal Administration Fee (initial appeal of citation) Appeal Administration Deposit (appeal of decision of Rules Committee) |
$50.00 $250.00 |
17.3 |
Review Deposit for Disciplinary Hearing or Arbitration Hearing |
$250.00 |
17.5 |
Arbitration Filing Fee |
$250.00 |
CITATIONS FOR RULES VIOLATIONS
Rule No(s). |
Violation Summary |
Amount First Offense |
Amount Second Offense or Failing to Correct Initial Offense |
Amount Third Offense or Failing to Correct Initial Offense |
5.1(d) |
Failure to keep contact information current. |
$100 |
$250 |
$500 |
9.3.1 |
Failure to comply with Rules for Auction Listings. |
$100 |
$250 |
$500 |
9.5 |
Filing a listing in more than one category or in more than one Primary Service Area without obtaining pre-approval from BAREIS. |
$100 |
$250 |
$500 |
9.3, 9.11, 9.12, 9.13, 9.15 |
Failure to file accurate or complete information on a listing, including Media and copyrights relating to Media. |
$100 |
$250 |
$500 |
9.16 |
Incorrect use of data fields & remarks. |
$100 |
$250 |
$500 |
12.4, 12.5, 12.8, 13.4, 13.5 |
Unauthorized display, use or downloading of MLS Data. |
$100 per listing |
Suspension with right to appeal |
Expulsion with right to appeal |
13.1-13.3 |
Advertising the listing of another Broker without permission. |
$100 per listing |
$100 per listing |
$100 per listing |
13.7 |
Misuse of the terms “MLS” and “Multiple Listing Service.” |
$100 per incident |
$100 per incident |
$100 per incident |
14.1-14.6 |
Failure to follow internet advertising Rules. |
$100 per listing |
$100 per listing |
$100 per listing |
15.11 |
Lockbox on the property without a BAREIS Supra iBox present; no key in lockbox. |
$100 |
$250 |
$500 |
9.7 |
Failure to enter a listing within three Days. |
$250 |
$500 |
$750 |
9.8 |
Failure to file a BAREIS Approved SEL Form for an excluded listing within three Days. |
$250 |
$500 |
$750 |
9.20 |
Failure to obtain authorization to enter a Comparable/Sold off MLS Listing in the MLS Database. |
$250 |
$500 |
$1,000 |
10.11 |
Failure to disclose Seller’s refusal to sell within 24 hours. |
$250 |
$500 |
$1,000 |
10.3.1 |
Active listing not available for showings within three Days. |
$250 |
$500 |
$1,000 |
11.6 |
Failure to disclose dual- or variable- rate commission. |
$250 |
$500 |
$1,000 |
7.2, 7.4 |
Failure to notify BAREIS of regulatory action or change of licensee status. |
$500 |
$750 |
$1,000 |
4.4 |
Improper use of Intellectual Property |
$500 |
$750 |
$1000 |
9.6, 9.17, 9.21, 9.22 |
Failure to obtain written authorization for a listing entry, withdrawal, or extension. |
$500 |
$750 |
$1,000 |
9.10 |
Failure to supply listing documentation to BAREIS within |
$500 |
$750 |
$1,000 |
9.14, 11.2 |
Failure to specify any special condition of any term in a listing in the Confidential Remarks. |
$500 |
$750 |
$1,000 |
9.17 |
Failure to file a change of listing information within three Days. |
$500 |
$750 |
$1,000 |
9.19 |
Failure to report sales within three Days. |
$500 |
$750 |
$1,000 |
9.21 |
Improper withdrawal of a listing. |
$500 |
$750 |
$1,000 |
10.3 |
Failure of Listing Broker to follow “Do Not Show” procedures. |
$500 |
$750 |
$1,000 |
10.10 |
Failure to disclose interest in transaction. |
$500 |
$750 |
$1,000 |
11.2 |
Failure to post the compensation correctly. |
$500 |
$750 |
$1,000 |
11.5 |
Use of terms of offer to attempt to modify offer of compensation. |
$500 |
$750 |
$1,000 |
12.1 |
Unauthorized removal of data from the MLS Database. |
$500 |
$750 |
$1,000 |
15.5 |
Unauthorized placement or non-removal of a lockbox. |
$500 |
$750 |
$1,000 |
15.7 |
Failure to immediately report lost or stolen keypad. |
$500 |
$750 |
$1,000 |
15.2 |
Permitting unauthorized use of keypad; storing access codes with a keypad. |
$1,000 |
Suspension with right to appeal |
Expulsion with right to appeal |
15.6 |
Unauthorized entry to a property without Seller’s or Listing Broker’s permission. |
$1,000 |
Suspension with right to appeal |
Expulsion with right to appeal |
15.10 |
Permitting unauthorized entry to a property without a Member being present. |
$1,000 |
Suspension with right to appeal |
Expulsion with right to appeal |
15.10.1 |
Wrongful use or removal of lockbox contents. |
$1,000 |
Suspension with right to appeal |
Expulsion with right to appeal |
17.5 |
Failure to submit to arbitration. |
$1,000 |
Suspension with right to appeal |
Expulsion with right to appeal |
7.3, 7.4, 7.5, 12.2, 12.7, 12.8, 14.4 |
Whether intentionally, negligently or inadvertently, causing or permitting unauthorized use of login, security codes, passwords, or MLS Data. |
$1,000 |
Suspension with right to appeal |
Expulsion with right to appeal |
10.1, 10.4 |
Failure to follow showing instructions; failure to obtain listing Broker’s permission before entering a property. | $1,000 | Suspension with right to appeal | Expulsion with right to appeal |
9.23 |
Solicitation of a listing currently under a listing contract. |
**** |
**** |
**** |
10.2 |
Failure to disclose existence of offer. |
**** |
**** |
**** |
10.5 |
Failure to comply with procedures for presentation of offers. |
**** |
**** |
**** |
10.6 |
Failure of Listing Broker to submit all offers to Seller. |
**** |
**** |
**** |
10.9 |
Failure to follow delayed-offer instructions. |
**** |
**** |
**** |
13.6 |
Engaging in false or misleading advertising. |
**** |
**** |
**** |
****Subject to disciplinary complaint process as provided in California Code of Ethics and Arbitration Manual.
WARNINGS, CITATION AND APPEAL POLICY
This “Citation and Appeals Policy” is implemented pursuant to the Bay Area Real Estate Information Services, Inc. (“BAREIS”), MLS Rules, Rule 17, “Violations of Rules and Disputes,” and covers the violations outlined in Exhibit A-2, “Citations for Rules Violations.” The Citations may be amended at any time and from time to time by the Board. The Listing Broker and any Co-Listing Broker are equally responsible for violations of these Rules.
Process
1. Warnings
Certain violations or repeat violations are not subject to a warning or may be subject to immediate citation, as set forth in EXHIBIT A2. For violations of Rules that are subject to a warning, the Member shall be given the warning to correct the violation by phone call or email contact. If a Subscriber has repeat violations of Rules that are subject to a warning, the Subscriber’s supervising Participant shall receive notice of the third repeat violation by phone call or email contact. Any Member who, within a 12-month period, has been warned four times with the opportunity to correct for violations of Rules that are subject to a warning, shall receive an automatic fine for the fifth and subsequent violations within such 12-month period.
2. Citations
If a Member fails to correct a violation of these Rules that is subject to a warning within the time allotted in the warning, the citation for the offense shall be issued and shall become due and payable.
3. Citation Payment
If the Member fails to pay the citation (fine) within a 30-day period of invoice, a delinquency fee shall be assessed, and a delinquent notice shall be sent. If the total balance is not paid within 15 Days of the delinquent notice, BAREIS membership and MLS Privileges shall be suspended for that Member, in accordance with Rule 6.2.
4. Member Request for Appeal
Pursuant to Rule 17.1, “Citations,” a BAREIS Member may request an appeal for a Rules violation citation to the Rules Committee of the BAREIS Board of Directors (the “Board”). If the Member desires to appeal the citation, the Member shall pay the citation and administration fee, complete the BAREIS MLS® Rules Tutorial Course and Quiz and provide documentation together with a letter explaining why the fine was incorrectly levied. The request for appeal must be received by BAREIS within 14 Days of the notice of citation letter date (date postmarked or date of notification by electronic mail, facsimile transmission, or agent notice).
5. Member-Requested Appeal Hearing
If a Member timely makes a complete request, including payment of any required administration fees, to appeal the decision of the Rules Committee, as provided by Paragraph 4 of this Exhibit B, the Member shall be entitled to a final hearing by an Appeals Panel of the Board, which Appeals Panel shall consist of three Members of the Board, who shall be appointed by and who shall serve at the pleasure of the Chair of the Board. At the sole discretion of the Appeals Panel, the Appeals Panel may either hear the appeal by reviewing documentation only or request the Personal appearance of the appealing Member. The decision of any two Members of the Appeals Panel shall be final.
6. Board-Initiated Hearing
If any Member commits three violations within a 12-month period that result in either fines or warnings requiring corrections, the Board may, at its discretion, direct the Grievance Committee to review the Member’s record of fines and warnings, which may result in a disciplinary hearing for further action. If a Subscriber who is under the supervision of a single Participant commits four violations within a 12-month period that results in either fines or warnings requiring corrections, the Board may, at its discretion, direct the Grievance Committee to review the Participant’s record of fines and warnings, which may result in a disciplinary hearing for further action (See Rules 17.4.2(b) and 17.4.2 (c)).
Definitions of the terms, “Suspension,” “Termination,” “MLS Privileges,” and “Expulsion” are provided in EXHIBIT C “Definitions.”
DEFINITIONS
“Active” means a listing status in which a valid listing contract exists, and the Seller is accepting offers to Sell, Lease, or Exchange the property.
“Administrative User” has the meaning set forth in Rule 5.4
“Affiliate Member” means an individual or business entity who or which is neither a Real Estate Licensee nor a real estate appraiser, who or which can demonstrate a legitimate need for the information, and who or which may qualify, upon approval of the Board, to receive MLS Data, on such terms and conditions as shall be determined by the Board.
“Appraiser” means a Member who is an Appraiser Participant or Appraiser Subscriber, without distinction.
“Appraiser Participant” has the meaning set forth in Rule 5.2.2.
“Appraiser Subscriber” has the meaning set forth in Rule 5.3.2.
“Auction Listing” means a listing in which the list price may or may not represent the price that the Seller is willing to accept even if an offer at the price submitted to the Seller satisfies all other terms of the listing; and if the listed property is not sold by the expiration date specified in the listing, the property shall be offered for sale by the Seller at an auction pursuant to a bidding procedure specified by the Seller.
“BAREIS” has the meaning set forth in the Notice.
“BAREIS Affiliates” means BAREIS and its officers, directors, employees, agents, representatives, licensors, and shareholders
“BAREIS MLS®” has the meaning set forth in Rule 2.
“Board” has the meaning set forth in Rule 1.
“BREA” means the California Bureau of Real Estate Appraisers as set forth in Rule 7.2.
“Broker Participant” has the meaning set forth in Rule 5.2.1.
“Buyer” means a purchaser, lessee, or exchangee of real property.
“Buyer’s Broker” means a Broker Participant who acts in cooperation with a Listing Broker to accept an offer of compensation to find or obtain a Buyer, lessee or exchangee for property pursuant to California Civil Code § 1086. Whenever these Rules refer to a “Buyer’s Broker” the term shall include the Subscriber acting for such Buyer’s Broker but shall not relieve such Buyer’s Broker of responsibility for the act or Rule specified. “Bylaws” has the meaning set forth in Rule 1.
“CDOM” has the meaning set forth in Rule 9.22.4, except listings with a Sold off MLS status, which shall calculate from the list date or date a single party compensation agreement became effective.
“Certificate of Non-use” has the meaning set forth in Rule 7.4.
“Certification of Non-use” has the meaning set forth in Rule 6.1.7.
“Client” refers to a “Buyer” or a “Seller” in a real property transaction.
“Closed Sale” has the meaning set forth in Rule 9.19.4.
“Co-Listing Broker” means a Broker Participant who, in conjunction with another Listing Broker, has obtained a written listing agreement by which such Broker has been authorized to act as an agent to sell, lease or exchange real property or to find or obtain a Buyer, lessee or exchangee pursuant to California Civil Code § 1086. Whenever these Rules refer to a “Co-Listing Broker,” the term shall include any Subscriber acting for the Co-Listing Broker, but the Co-Listing Broker shall be responsible for such Subscriber’s acts or such Subscriber’s conforming to these Rules.
“Coming Soon” means a listing with a valid listing agreement that is not ready for an Active status in the MLS until a specified On-Market Date.
“Comparable MLS Data” means that portion of the MLS Database that includes the Off-Market MLS Data and “Sold” information regarding properties that are not currently for sale, as well as all indexes and other information relating to “Sold” listings.
“Comparable Sale” and “Comparable/Sold off MLS Listing” mean a listing with an accepted offer or Sold during an exclusion period or prior to the On-Market Date.
“Confidential Information” has the meaning set forth in Rule 12.2.1.
“Confidential Remarks” has the meaning set forth in Rule 9.16.2.
“Contingent” has the meaning set forth in Rule 9.19.1.
“Duplicate Listings” are MLS listings for the same property with the same Broker in an additional property category, area or list price.
“Expulsion” means Termination of (i) BAREIS membership rights, preferences and privileges, including voting rights, and (ii) MLS Privileges, for a period of not less than one, but not more than three years, with reinstatement to membership only by application as a new Member after the end of the period of Expulsion, with the application considered by BAREIS on its merits.
“Filed with BAREIS” means any listing, change to a listing, information entered directly into the MLS Database by the Listing Broker, or listing information submitted for input to the MLS Database on a listing input form (or listing change form) to be input by BAREIS staff if directed to do so by the Listing Broker. BAREIS does not retain a hard copy of the listing input form.
“IDX” means “Internet Data Exchange,” which is a Broker-to-Broker cooperative Internet advertising agreement that includes IDX Internet Data and IDX Enhanced Internet Data as referenced in Rule 14.4.
"IDX Internet Data" and "IDX Listings" mean Active and Contingent listing data approved under Rule 14.4 in which the "Pass to the Internet" flag is set to “Yes.”
"IDX Enhanced Internet Data" and "IDX Enhanced Listings" means IDX Internet Data plus Pending, certain other approved Off-Market MLS Data, and 180 Days of Sold listing data approved under Rule 14.4 in which the "Pass to the Internet" flag is set to “Yes.”
“Keypad” means either an electronic device or software provided through BAREIS that functions with the lockbox system as an electronic key.
“Listing Broker” means a Broker Participant who has obtained a written listing agreement by which such Broker has been authorized to act as an agent to sell, lease or exchange real property or to find or obtain a Buyer, lessee or exchangee pursuant to California Civil Code § 1086. Whenever these Rules refer to a “Listing Broker,” the term shall include any Subscriber acting for the Listing Broker but shall not relieve the Listing Broker of responsibility for the act or for conforming to the Rule specified. A Listing Broker’s “Own Listing Data” means, and shall be limited to, the listing data that is actually input into the MLS Data by the Listing Broker or the Listing Broker’s authorized agent.
“Media” has the meaning set forth in Rule 4.4.
“Member” means a Member, as defined in the Bylaws, and, for purposes of these Rules, includes a Broker Participant, an Appraiser Participant, a Real Estate Subscriber, an Appraiser Subscriber or Affiliate Member, if any.
“MLS” has the meaning set forth in Rule 2.
“MLS Data” includes the MLS Database, all data and Media submitted by Members to BAREIS, all membership contact information, and all copyrighted BAREIS publications, instructions, training materials and similar matter, whether in print or electronic form.
“MLS Database” means BAREIS’ copyrighted BAREIS MLS® database and computer software used in connection therewith, whether in tangible or electronic form, in whole or in part, regardless of whether created or conceived by, or licensed by or to, BAREIS, including all copyrighted Media in such database.
“MLS Privileges” means all privileges and services provided by the MLS to any of its Participants or Subscribers, including access to the MLS Database, lockbox privileges and technical support, and the ability to submit new listings or extensions of current listings.
“Multiple Listing Service” means a facility of cooperation of agents and appraisers, operating through an intermediary that does not itself act as an agent or appraiser, through which agents establish express or implied legal relationships with respect to listed properties, or which may be used by agents and appraisers, pursuant to the rules of the service, to prepare market evaluations and appraisals of real property.”
“Off-Market MLS Data” means that section of the MLS Database that includes listings of real property that are not currently listed for sale, as well as all indexes and other information relating to the historical listing inventory.
“On-Market Date” means the date a listing went Active on BAREIS MLS® except listings with a Sold off MLS status.
“On-Market MLS Data” means that section of the MLS Database that includes listings of real property that are currently for sale, as well as all indexes and other information relating to the current listing inventory.
“Participant” has the meaning set forth in Rule 5.2.
“Pending” has the meaning set forth in Rule 9.19.2.
“Person” means any individual, partnership, corporation, association, joint stock company, limited liability company, trust, joint venture, unincorporated organization or governmental entity (or any department, agency, or political subdivision thereof).
“Primary Service Area” refers to the following counties: Marin, Mendocino, Napa, Solano and Sonoma. BAREIS accepts listings from all counties in the State of California.
“Real Estate Broker” or “Broker” has the meaning set forth in Rule 5.2.1.
“Real Estate Licensee” means an individual who holds a valid California Department of Real Estate sales Person’s license.
“Real Estate Subscriber” has the meaning set forth in Rule 5.3.1.
“Rules” has the meaning set forth in the Notice.
“Remediable Violation” means a violation that can be corrected by the Member, such as completion of mandatory training, nonpayment of fees, or other curable violations.
“Sale” shall also refer to a lease or exchange of real property.
“Seller” means a principal or owner, lessor, or exchanger of real property.
“Sold” has the meaning set forth in Rule 9.19.4.
“Sold off MLS” a Sold listing entered in the MLS as a Comparable Sale.
“Subscriber” has the meaning set forth in Rule 5.3.
“Suspension of Membership” or “Suspension” means suspension of (i) BAREIS membership rights, preferences and privileges, including voting rights, and (ii) MLS Privileges, on terms and conditions stated for a period of time of not more than one year as determined by the applicable committee or Person authorized by the Board. In the event the Suspension is for a Remediable Violation, the Suspension shall be in effect for the period that the violation remains uncorrected. At the end of the applicable Suspension period, reinstatement of a suspended Member’s membership and MLS Privileges shall be automatic, provided that the Member is current on all amounts owed to BAREIS and has kept all fees current during the period of Suspension.
"Syndication" means a process by which a Member hires a vendor (the "Syndicator") to transmit the Member’s listings only to various internet sites approved by the Member to receive the Member’s data pursuant to Rule 14.1.
“Temporarily Off-Market” has the meaning set forth in Rule 10.3.
“Termination” means termination of (i) BAREIS membership rights, preferences and privileges, including voting rights, and (ii) MLS Privileges, for an indefinite period of time without reinstatement to membership except by application as a new Member, with the application considered by BAREIS on its merits.
“Third Party” has the meaning set forth in Rule 14.6.
“VOW” has the meaning set forth in Rule 14.5.
CERTAIN TERMS:
Unless the context otherwise requires, in these Rules: (i) words importing the singular number only shall include the plural and vice versa, and words importing the masculine gender shall include the feminine and neuter genders and vice versa; and (ii) the word “or” may be conjunctive or disjunctive similar to the term “and/or.” The use herein of the word “including,” “include” or “includes,” when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not nonlimiting language (such as “without limitation,” or “but not limited to,” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter. Reference to any agreement, indenture or other instrument in writing, including these Rules, means such agreement, indenture or other instrument in writing as amended, modified, replaced or supplemented from time to time. Reference to any statute shall be deemed to be a reference to such statute as amended, reenacted or replaced from time to time. Time periods within which a payment is to be made or any other action is to be taken hereunder shall be calculated excluding the day on which the period commences and including the day on which the period ends, and whenever any payment to be made or action to be taken hereunder is required to be made or taken on a day other than a business day, such payment shall be made or action taken on the next following business day. The words “hereof,” “herein,” “hereunder” and similar terms in these Rules refer to these Rules as a whole and not to any particular provision of these Rules. Unless otherwise stated, any reference contained in these Rules to a “Section” refers to the provisions of these Rules and any reference contained in these Rules to an “Exhibit” refers to an exhibit hereto that is hereby incorporated into these Rules.