Houston Real Estate

Top MLS Rules To Remember

Property Description – Public $100 fine
The “Property Description - Public” field is intended for property description only. Agents may not enter remarks related to the transaction such as available financing, cash back at closing, bonuses, upgrade incentives, upgrade allowances, etc. Agents may not enter contact information such as names, phone numbers, email addresses, web site addresses, service provider information, the words FSBO or For Sale by Owner. Agents may not enter any other confidential information such as showing instructions or security codes. Please use the “Agent Remarks” field for the above referenced types of information.

Insufficient Number of Photos $25 fine
Single-family, Townhouse/Condo, Multi-family, High Rise Condo and Residential leases are required to maintain at least 6 unique images of each property listed in MLS. Lots and Acreage listings are required to maintain at least 1photo of each listing. The required photo(s) must be added to the listing within 10 days of the list date unless written documentation, requesting a photo not be submitted, is signed by the Seller and submitted to MLS via fax at 713-335-4222.

Invalid Photograph and Photograph Descriptions $250 fine
Photos previously submitted by a Participant may not be used by other Participants on subsequent listings. Photos and photo descriptions shall not contain financing terms or legible contact information such as names, phone numbers, email addresses or web site addresses, including the use of embedded, overlayed, or digitally stamped information. Digital images of similar or like construction properties are prohibited. Only images of the listed property or its grounds are permitted. Although agents may submit floor plans, elevations and artist renderings, at least 1 of the 10 photos must be of the actual property, whether the property is a vacant lot or partially built.

Listing Agreement Required for All MLS Listings $250 fine
Before a listing can be entered in MLS, the listing Participant must have a listing agreement signed by the seller giving the listing Participant authorization to submit the listing to MLS. It is inappropriate to enter a FSBO listing where the listing Participant has not entered into an agency agreement with the seller. It is also against MLS rules to enter a listing that has been sold outside the MLS where the listing Participant did not have a signed listing agreement with the seller prior to closing.

Listing in Wrong Property Class $250 fine
Agents must enter each listing in the appropriately designated property class as defined below. Agents may not list in two property classes or an incorrect property class to gain additional exposure. Agents may not list personal property such as mobile homes in mobile home parks or manufactured homes that do not include the sale of the land under the home, these items are considered personal property. The MLS is intended for residential and transitional properties and are defined by the following classes:
(a) Class 1 - Single-family detached residence on property up to and including 10 acres. (Manufactured homes must include the sale of the land in order to be listed as a Single-family detached residence. New
Construction listings must have a building permit or approved building plan issued on the property before it can be listed as Single-family detached)
(b) Class 2 - Townhouse-Condominium. (Properties that are attached to another dwelling should be classified as Townhouse-Condominium)
(c) Class 3 - Residential lots up to 10 acres in size. (Residential lot listings should be vacant sites without an existing dwelling. Exceptions may include sites having an existing obsolete dwelling that makes no additional contribution to the total market value of the property and likely will be razed by a buyer)
(d) Class 4 - Multi-family properties of not more than 12 units. (Apartment complexes with more than 12 units are prohibited)
(e) Class 5 - Homes and acreage residential in nature, greater than 10 acres.
(f) Class 6 - High Rise Condominiums. (Condominiums located in a building with 4 or more stories)
(g) Class 7 - Residential leases.

Listing Entered in More Than One Property Class $100 fine
No property may be listed in MLS by more than one agent, or in more than one class, at the same time with the exception of properties that are for sale and also for lease. This means a property CANNOT be listed as both Single Family and Lot; it must be listed as one or the other. If a property listing with your address and tax account number is currently listed in MLS in a “Withdrawn” status (W), it is considered to still have a valid listing agreement and is temporarily off the market. The existing listing agent must first “Terminate” (T) the listing or the listing must “Expire” (X) before the new listing can be added.

Agent Remarks- Private $100 fine
The "Agent Remarks- Private" field is intended only for other MLS subscribers and is used to convey additional information related to the property listing. Agents may enter remarks related to the transaction of the listed property such as available financing, cash back at closing, bonuses, upgrade incentives, upgrade allowances, etc. Agents may enter contact information such as names, phone numbers, email addresses, and web site addresses and showing instructions. Agents may not use this field to indicate variable commission offers based on conditions other than the cooperating agent being procuring cause of the sale. Agents may not require use of a particular service provider or financial institution as a condition of sale.

Incorrect Tax ID $100 fine
It is important to use the property Tax ID that is indicated on the Stewart Tax property profile report. To ensure accurate tax information is entered you should auto populate the tax information at the time a new listing is entered into the MLS system by clicking “Get Tax Data” from the Tempo new listing form and selecting “List It” from the Stewart Tax property record. For best results just enter the “County” and the first word of the “Street Name” before clicking “Get Tax Data”. Auto-populating will automatically enter the property’s Tax ID, legal description, subdivision, building and lot square footages and KeyMap© page into the new listing form. If your Tax ID has 3 less digits than what is required, you should add –001 to the end. If the property is a new parcel and does not yet have a Tax ID assigned, you should enter all zeros for the Tax ID.

Inaccurate Address (Street, City, Zip, or County) $100 fine
Make sure to use the address and city as defined by the US Postal Service. The following link will give you the USPS “Acceptable” city name by entering the listed property’s zip code. http://www.usps.com/zip4/citytown.htm
Street directions such a N., S., W. etc. should be entered in the “Street Direction” field, not the “Street Name” field. Items such as BTSA and $$ are prohibited in the address field. It is not necessary to enter street suffixes such as St., Rd., or Dr. unless it differentiates one street from another. Do not abbreviate the street name, if the street name exceeds the space provided just complete as much as possible.

Inaccurate Address (Subdivision) $100 fine
Enter the subdivision as defined in the Stewart Tax property profile or county tax rolls. Using an incorrect or nearby subdivision in order to increase exposure of the listed property is prohibited.

Inaccurate Area $100 fine
Use a HAR MLS Area Map to accurately determine the correct “Area” to enter your listing. These maps can be purchased at any HAR branch location, the main HAR location or online at http://realtorstore.har.com. MLS area maps are also available on every Tempo Quick Search screen and Tempo “Sidebar”.

Invalid Public Display PDF $100 fine
PDF's designated as “Public” shall not include any contact information such as names, phone numbers, email addresses, web site addresses, agent photographs, logos or promotion for a closing service provider or any other peripheral service, with the exception of the listing firm's name. The focus of the PDF shall be of the subject property and any links embedded in the PDF must link only to web pages relate to the listed property and shall not contain any contact information mentioned above. Public PDF files shall not contain seller’s disclosure documents, contracts or any other personal or confidential information. Agents may include floor plans, amenities of listed property and further property description details. Agents may not enter remarks related to the transaction such as available financing, cash back at closing, bonuses, upgrade incentives, upgrade allowances, etc.

Appointments Required for All Property Showings $100 fine
Appointments for showings and negotiations shall be conducted through the listing Participant except where the listing Participant gives the cooperating broker specific authority to contact the owner directly for showing. It’s a difficult situation when a homeowner is surprised by strangers entering their house unexpectedly.

Note: For violating MLS rules 2 there is no (5) day period to correct the violation and a charge will automatically be assessed upon violation.

Driving Directions $100 fine
“Directions” must contain driving directions that can be used to locate the property. If directions are to a model home or sales office, the listing agent must specify this information in the directions field. “See Agent” and “See Key Map” are not valid directions. Contact information such as names, phone numbers, email addresses, web site addresses, service provider information, and the words FSBO or For Sale by Owner is not allowed. If possible, start the directions from a major highway.

Inaccurate KeyMap® $100 fine
Refer to a local county KeyMap® book for the accurate KeyMap® page and grid for your listing. KeyMap® books can be purchased at any HAR branch location, the main HAR location or online at http://realtorstore.har.com. KeyMap® books are a must have tool for any agent showing property. You may also use the KeyMap page and grid that is displayed on the property’s Stewart Tax profile report.

Inaccurate School District $100 fine
Enter the school district as defined by school district boundaries for the subject property. Using an incorrect or nearby school district in order to increase exposure of the listed property is prohibited

Invalid Open House $100 fine
Open houses submitted to multiple must designate a specific date and time the property will be available for viewing and must allow cooperating agents to preview the inside of the property and where designated a “public” open house must allow public access. Properties that do not allow access to the inside of the property shall not be submitted to multiple as an open house. Open houses designated as public open house shall not include in the comments section any contact information such as names, phone numbers, email addresses, web site addresses, or promotion for a closing service provider or any other peripheral service.

Virtual Tour Contains Contact Information $100 fine
Virtual tours or any accompanied audio descriptions shall not include any contact information such as names, phone numbers, email addresses, web site addresses, agent photographs, logos or promotion for a closing service provider or any other peripheral service, with the exception of the listing firm’s name. The primary focus of the tour shall be of the subject property. Links to galleries or other web sites are prohibited.

Estimated Closed Date is in the Past - (Pending Fine Violation) $25 fine
Once a contract is signed, the listing should be placed in one of the following pending statuses (PS, OP, or P), even if both parties agree to allow the seller to continue showing the property. Properties that have a signed contract but have contingencies or are available to show and take back-up offers should be placed in “PS” (Pending Continuing to Show) status. Make sure to enter an “Estimated Closed Date”. As the “Estimated Closed Date” approaches and it appears the sale is not going to close before the initial “Estimated Closed Date”, the listing agent must adjust the “Estimated Closed Date” to the day when it is again expected to close.

Inaccurate Room Dimensions $100 fine
Agents should provide as accurately as possible, room dimensions for each specified room dimension field. Entering inaccurate room dimensions such as 1x1 or 0x0, etc. is not allowed. The bedroom dimensions are required fields, even though they are not marked in blue on the Tempo edit form. Bedroom dimensions are dependent on the number of bedrooms entered. For example, a 2-bedroom house would require dimensions for 2 bedrooms.

Failure to Report Sold or Pending Status $100 fine
Once a contract is signed, the listing should be placed in one of the following pending statuses (PS, OP, or P) within 5 days of the signed contract, even if there is a contingency or both parties agree to allow the seller to continue showing the property. Properties that have a signed contract but have a contingency or are available to show and take back-up offers should be placed in “PS” (Pending Continuing to Show) status.

All sales closed must be entered within 5 days of the actual closing/funding date. There are no exceptions to this rule, even if a buyer brings a contract with a provision indicating their desire to withhold the closing information. If the MLS is used to market the property, the sale must be reported.

Note: For violating MLS rules 2 there is no (5) day period to correct the violation and a charge will automatically be assessed upon violation.

Improper Withdrawal of Listing $250 fine
A listing cannot be withdrawn, terminated or reported as expired to avoid reporting the sales price and closing information. All sales closed must be entered within 5 days of the actual closing/funding date. There are no exceptions to this rule, even if a buyer brings a contract with a provision indicating their desire to withhold the closing information. If the MLS is used to market the property, the sale must be reported.

Wrong Selling Agent $200 fine
When a listing is changed to a pending status or sold status, the listing agent must accurately identify the agent that brings the buyer as the “Selling Agent”. If the “Selling Agent” that brings the buyer is not a MLS subscriber, you should enter “Nonmls” as the “Selling Agent”. For the listing agent incorrectly entering him or herself as the “Selling Agent” a $200.00 fine shall automatically be assessed.

False or Misleading Info $100 fine
Submission of false or misleading information to MLS is a violation. Agents may not enter commercial property that cannot be used as a residence. Manufactured homes that do not include the sale of the land under the home are prohibited. This violation type is also used for all other false or inaccurate information that is entered in MLS and not covered by other MLS rules.

Failure to File within 5 days $100 fine
All listings must be entered into MLS within five days of a signed listing agreement that indicates the seller wishes to utilize MLS. A signed listing agreement is required for each listing entered in MLS. All changes in listing price or status must be approved in writing by the seller. The list date entered should be the “Commencement Date” of the listing agreement.

Private ID Sharing $500 fine
Please keep your “Private ID” confidential. It is not to be shared with other agents, technology vendors or customers and clients. Each private ID shall not be loaned, shared, disclosed, or allowed to come into the possession of any other person, except for the broker Participant, manager and/or administrator in that person’s real estate company.

SUPRA Key Sharing Violation $500/$1,000 fine
Each Supra Key and PIN Code shall not be loaned, shared, or allowed to come into the possession of anyone other than the assigned key holder. A Supra key holder who violates this rule shall be subject to fines and punishment as follows: first offense - $500.00; second offense - $1,000.00; and third offense - revocation of Supra Key

Inaccurate Location $100 fine
Make sure to use the location (also known as city) as defined by the US Postal Service. The “Location” and “city” field are the same but used in different searching mechanisms on the Har.com and Tempo. The following link will give you the USPS “Acceptable” city name by entering the listed property’s zip code. http://www.usps.com/zip4/citytown.htm.

Last Updated: 06/01/2006

Disclaimer: HAR makes no representations or warranties of any nature with regard to the privacy and/or business practices of the websites linked from or to HAR.com nor with regard to their use of any information they may collect.