bright MLS Service User Guide

bright MLS Service

Product Information

Specifications

• Product Name: Bright’s MLS Service
• Effective Date: August 14, 2024
• Purpose:
  1. Accumulation and dissemination of high-quality, consistent, up-to-date real estate information.
  2. Enhancement of cooperation among subscribers on an impartial basis.

Product Usage Instructions

RULES GOVERNING COOPERATION THROUGH BRIGHT MLS

1. Participation

Participation is open to brokers, licensees, and appraisers actively engaged in the business of real estate within Bright’s Service Area.

1.2 Cooperation

Each subscriber must cooperate with all other subscribers on an impartial basis, sharing information about listed properties and arranging showings in the best interest of their clients.

1.3 Designation of Principal Broker

Each brokerage firm must designate one broker as the principal broker responsible for compliance with the rules by all affiliated subscribers.

1.6 Listing Agreements

Listing agreements must allow the broker to submit listings to Bright.

RULES GOVERNING USE OF LISTING CONTENT AND THE BRIGHT DATABASE

2. General Rule

Subscribers must adhere to rules governing the use of listing content and the Bright database.

2.2 Advertising Another Listing Broker’s Listing

Rules regarding advertising another listing broker’s listing must be followed.

2.3 Restrictions on the Use of Listing Data for Analysis and Other Purposes

Limitations on using listing data for analysis and other purposes are in place.

2.5 Required Documentation

Certain documentation is required for accessing the Bright database.

ENFORCEMENT

Bright subscribers must comply with all policies available at www.brightmls.com/rules.

FAQ

Q: What happens if a subscriber does not comply with the rules?

A: Non-compliance may lead to enforcement actions by Bright, including potential suspension of services.

RULES GOVERNING SUBSCRIBER USE OF BRIGHT’S MLS SERVICE

Participation with Bright’s services is subject to compliance with these Rules and Bright’s policies, which are intended to serve two primary purposes:

• Accumulation and dissemination of high quality, consistent, up-to-date information that enables subscribers to engage in the business of real estate and facilitate home sellers and buyers to access an open, transparent marketplace of property information; and
• Enhancement of cooperation among subscribers on an impartial basis.

RULES GOVERNING COOPERATION THROUGH BRIGHT MLS1

1. Participation. Participation as a subscriber2 is on an individual basis and may not be transferred; these Rules apply irrespective of the affiliation with a particular firm. Participation is open to:

2. Brokers and Licensees actively engaged in the business of real estate in Bright’s Service Area, meaning that they actively endeavor to list real property of the type listed in the Bright Service and to cooperate on an impartial basis with other participating subscribers;3 and

3. Appraisers actively engaged in the business of appraising property in Bright’s Service Area.

4. Cooperation. Each subscriber must cooperate with all other subscribers on an impartial basis, in the best interest of the subscriber’s client. This includes impartially sharing information about listed properties and arranging for showings, in the best interest of each client and regardless of any financial arrangement offered by, or agreed with, another broker. A subscriber may not encourage or facilitate another subscriber to violate Bright’s Rules.

5. Designation of Principal Broker. Each participating brokerage firm must designate one broker as the principal broker, who is responsible for compliance with these Rules by all subscribers affiliated with the broker’s firm. To change a firm’s designated broker, the first broker must consent.

6. When a broker ceases to participate with Bright, Bright is not obligated to provide services, including continued inclusion of the broker’s listings in the Bright Database. Prior to removal of the broker’s listings, the broker will be advised in writing so they may advise their clients.

7. If listings are transferred by assignment from one broker to another broker, both brokers must provide Bright with a written authorization between them reflecting the written assignment from the seller.

8. Subscriber Information. Each broker must supply the names of each licensee with a license issued to the broker and each appraiser associated with the broker. Subscribers must notify Bright, within two calendar days, of any changes to changes in firm affiliation (including new subscribers in the broker’s firm or any subscriber that has left) or a subscriber’s license status.

9. Participation by Non-REALTOR® Subscribers. Non-REALTOR® subscribers are subject to these Rules. In a dispute under these Rules, non-REALTOR® Subscribers must participate in, comply with the rules of, and be bound by the decisions from arbitration administered by the REALTOR® subscriber’s REALTOR® Association.

10. Listing Agreements

11. Listing agreements for listings to be submitted to Bright must allow the broker to submit the listing and to submit a copy of the agreement to Bright.

12. If a property is co-listed with two or more listing brokers, only one listing broker may enter the listing into the Bright Database. Identification of the other listing broker must be entered in the Agent Remarks. This does not prevent one listing broker from entering an exclusive sale listing and another listing broker from entering an exclusive rental agreement. A property may not be submitted that is co-listed with one listing broker and one non-subscriber, or that is listed only by a non-subscriber.

13. Listings subject to auction terms may be submitted when conducted in accordance with all applicable laws and the following conditions are met:

    • a listing agreement exists between the listing broker and the seller;
    • a list price acceptable to the seller, as reflected in the listing agreement;
    • an agency relationship between the seller and the listing broker exists for the duration of the auction process; and
    • the Listing Broker discloses to Bright that the listing is subject to auction terms.

14. Interpretation of these Rules is within Bright’s reasonable discretion, which may be informed by the Board of Directors or
    a Board committee, guidance from NAR, and other guidance. Substantive amendments to these Rules are approved by the Bright MLS LLC Board; all other changes, and approval of appendices and policies, may be made by Bright staff. If any provision is deemed by a court or arbitrator to be unenforceable, the remainder remains enforceable.

15. Italicized words are defined in Appendix A. Note that “Brokers” are synonymous with the prior use of “Participant,” “designated broker,” “managing broker,” and “designated realtor.”

16. “Actively” means on a continual and ongoing basis (may be seasonal). Some terms described in the NAR Handbook on Multiple Listing Policy as “mandatory,” such as Subscribers granting a license to the MLS for the Listing Content, and Subscriber warranties and indemnifications, are included in the Subscription Agreement agreed to by all Subscribers.

• Deadline to Submit Listings

• MLS Entry Date/Mandatory Submission. Listings subject to Exclusive Right to Sell Listing Agreements
  or Exclusive Agency Listing Agreements for a property located within the Service Area must be submitted
  by the Seller-instructed MLS Entry Date: The MLS Entry Date is within two calendar days of all necessary
  signatures having been obtained on the listing agreement and the listing term beginning (i.e., when
  any potential buyer may learn about the property), unless precluded by law.

  1. The MLS Entry Date must be no later than two calendar days after the listing broker may let any potential buyers (or renters) learn about the property listing, through any mechanism, whether within a brokerage firm, the licensee’s personal network, or otherwise. The MLS Entry Date typically is within two calendar days of the date the agreement is signed (the “effective date” of the agreement) but may be later if agreed and documented with your client.
  2. Within two calendar days of any potential buyer being able to learn about the property through the listing broker, the property’s information must be entered into the Bright Database and one of the following selected: (a) Active status; (b) Coming Soon status; or (c) Limited Marketing/Office Exclusive; for Active and Coming Soon statuses, also select whether Bright will share the information with Internet sites and apps. See these Rules’ status definitions in Appendix B for more information.
  3. Listings subject to agreements for Open Listings or Net Listings are not (and may not be) submitted to the Bright Service.
  4. Listings subject to Exclusive Right to Sell Listing Agreements or Exclusive Agency Listing Agreements for a property located outside the Service Area may be submitted voluntarily by a Listing Broker.

• Residential Seller/Landlord Disclosures and Marketing Instructions.

  • When submitting a listing, a subscriber must complete with a Seller Bright’s disclosure form. A copy of this completed form must be maintained by the broker and provided to Bright upon request.
  • When working with a buyer, a subscriber must complete with the buyer Bright’s disclosure form. A copy of this completed form must be maintained by the broker and provided to Bright upon request.
  • Limited Marketing. Listings that are publicly marketed should be in the “Active” status in the Bright System. However, if the Seller instructs the listing broker in writing that the property information not be disseminated to other subscribers using the Bright Service, then the subscriber must obtain from the seller a signed Limited Marketing/Office Exclusive form (provided by Bright).
  • The listing still must be submitted to Bright by the MLS Entry Date; select “Office Exclusive” in the system, and Bright will not disseminate the information to other subscribers or on the Internet.
  • Once a property that is submitted as an Office Exclusive is publicly marketed,4 it must within one business day be changed to Active status for dissemination to other subscribers unless otherwise instructed in writing by the seller, in which case the listing broker may otherwise market the listing based on the seller’s instructions; if the seller’s instruction to publicly market outside the Bright System is not documented with the seller before public marketing activities occur, then the listing must be changed to “Active” status.
  • As a Bright subscriber, the listing broker must impartially cooperate with other Subscribers related to the listing even for a Limited Marketing/Office Exclusive listing, including by making information and showings available on an impartial basis upon another subscriber’s request.
  • Bright may disclose upon a subscribers’s request whether or not an address is associatedwith an Office Exclusive, but will not disclose information about the listed property

• Prior to submitting a listing to the Bright Database, a subscriber must verify that the property was not already entered in the Bright Database for a current listing. A subscriber may not enter a listing if the same property already is listed by another listing broker.

• Appendix D lists required disclosures, in addition to other disclosures required by these Rules, or by other applicable law or policy.

• Images and Documents. Bright’s Policy on Images and Documents, attached as Appendix E, describes the requirements for use of images and documents, including on websites and apps. Images (photos and videos) typically are presumed to be owned by the photographer/videographer unless there is a written license or assignment. Subscribers may not use images/documents without express, written permission to submit them to Bright; this includes images from the internet, a photographer, or an existing listing of another broker.

• Descriptive Information. The Bright Service requires certain fields and descriptive information, which must be entered; all other information is optional. Subscribers are responsible for listing information being complete and accurate, and correcting known errors. If a subscriber fails to promptly comply, Bright may correct or otherwise edit listing information if it deems necessary. It is not, however, Bright’s responsibility to verify the information provided, and Bright disclaims any responsibility for accuracy. Each subscriber indemnifies and holds Bright harmless against any liability arising from any inaccuracy or inadequacy of the information submitted by the subscriber.

• Address. At the time of submitting a listing, subscribers must include a property address available to other subscribers, and if an address does not exist, a parcel identification number may be used. Where an address or parcel identification number are unavailable, the information must include a legal description of the property sufficient to describe its location.

• Remarks. Remarks may not contain marketing information about a subscriber, nor seek to recruit subscribers. Remarks are subject to editing or removal should Bright determine that they contain impermissible or inappropriate content.

• Listing Status. Subscribers must comply with the parameters for the status of the listing, described in Appendix B.

• Property Types. Subscribers must use one of the property types described in Appendix C, in conjunction with the applicable zoning codes, present use, proposed use, and permitted use. There isno limit on the number of property types as long as the property conforms to the definitions and is compliant with zoning codes, present use, proposed use and permitted use. All properties to be sold separately must be indicated individually in the listing. When part of a listed property has been sold, this must be updated in the Bright Database.

• Updating Listing Information

• Updates to Information. Listing brokers must report any changes to a listing (e.g., agreement modifications such as price or listing term, status change, etc.) within two calendar days, and in doing so represent that all changes are supported in writing with their client.

• Cancelling a Listing. Listings may be cancelled by the listing broker before the expiration. While sellers do not have the unilateral right to require that Bright cancel any listing, Bright may at its discretion remove a listing from the Bright Database or cancel a listing if the seller documents that the listing agreement has been terminated or is invalid.

• Showings. Listing brokers must make showings (including tours, virtual tours, and open houses) available on an impartial basis to all subscribers licensed in the jurisdiction of the property, and may not misrepresent the availability of showings or access to the property. To support impartiality and transparency to the public, a property in the “Coming Soon” status reflects a client’s written instruction that tours, showings and open houses are not yet available to any Subscriber; a listing must be converted to “Active” status once tours, showings or open houses begin.

• Broker Contracts, Disclosures and Compensation

• Client Contracts. A listing broker’s and a cooperating broker’s objectively ascertainable (not open-ended), maximum compensation must be conspicuously documented in a written contract with their client by the time the client signs a listing agreement (for Sellers) or is taken on a home tour by a subscriber acting as their agent (for Buyers) (i.e., the subscriber enters a home to provide a tour to a client in-person or virtually). Neither a listing broker nor a cooperating broker may receive compensation from any source in an amount greater than the amount agreed by the client in a written contract, and a listing broker may not offer or share compensation with another broker or a buyer without prior written disclosure to their client.

• Impartiality. Subscribers must deal with one another impartially in the best interest of their clients, and thus may not discriminate in the information provided to their client about properties for sale or rent based on whether or how much the seller or listing broker offers to or will pay to a cooperating broker. Nor may a broker discriminate in the information provided to their client based upon the firm with which the other broker or subscriber is affiliated.

• Compensation Communications. Subscribers may not use the Bright System to communicate about their compensation. A subscriber may not submit to Bright in a listing any amount offered by the listing broker or the seller related to compensation of the cooperating broker, nor enter the total amount paid by the seller to the listing broker or the division/split of any fees offered to or actually paid to the listing broker. Only after closing may any information about the amount the seller paid towards closing costs be entered into the Bright System.

  • Subscribers may, outside of the Bright System, make any lawful communication about an offer to pay another broker, as long as (a) the client authorizes the offer and/or payment in writing inadvance; and (b) the communication is not through a website, app, or service that receives property information from the Bright Database (except that a broker may communicate related to their own listings and on their own website, app, or service, any offers to compensate another broker, even if that website, app, or service receives property information from the Bright Database).
  • Subscribers may not represent that their services are “free” or “available at no cost” unless no compensation will be received arising from the services.
  • Subscribers must disclose to prospective sellers and buyers in conspicuous language that compensation is not set by law and is fully negotiable, in (a) the listing agreement with a seller,
    (b) an agreement with a buyer, and (c) pre-closing disclosure documents if there are any and they are not government-specified forms.

RULES GOVERNING USE OF LISTING CONTENT AND THE BRIGHT DATABASE

1. General Rule. Use of the Bright Database and listing content is limited to subscribers and by these Rules.
2. A listing broker may use their own listing content in any manner they choose.
3. Use of another listing broker’s listing content is strictly limited to the activities authorized under these Rules, written contract with Bright, or with written consent from the listing broker.
4. Subscribers may not use creative, non-factual property listing content (e.g., images, descriptive text, and documents) from a prior listing of a property without the written consent of the owner of the proprietary rights in the listing content.
5. Subscribers may not use the Bright Database to identify prospective clients unless such use is authorized in writing by the listing broker
6. Advertising Another Listing Broker’s Listing. A listing may not be used or advertised by anyone other than the listing broker without the prior consent of the listing broker, except:
7. Subscribers may share listing content from the Bright Database with individual prospective buyers/renters in conjunction with the subscriber’s ordinary business activities of attempting to locate ready, willing, and able buyers/renters for the listed property.
8. Subscribers may advertise another listing broker’s listing under Bright’s Policy on Digital Display, attached as Appendix F, which addresses rules for IDX and VOW websites.
9. Restrictions on the Use of Listing Data for Analysis and Other Purposes
10. Subscribers may use listing content in the Bright Database to support a valuation on a single, specific property for a single specific client or customer, such as through the creation of a comparative market analysis or broker price opinion.
11. Without a separate license agreement negotiated with Bright, a subscriber may not:
12. Display or distribute any subset of listing content to an entity not actively engaged with a Subscriber in the sale, rental, or appraisal of a single, specific property.
13. Use listing content to test, research, or develop new software programs, apps, or other products or services.
14. Use listing content for purposes of analysis, research and development, or testing new products, whether for internal purposes or for other uses (sometimes referred to as a “back-office feed” or “analytics feed”).
15. Subject to the terms in a license agreement with Bright, any advertising that uses statistical information based upon listing content other than the listing broker’s own listing content, must include the following, or a substantially similar, notice: Based on information from Bright MLS for the period through .
16. Limiting Access to Passwords and Bright Database. Subscribers may not permit (knowingly or negligently) the use of the Bright Database by anyone else, including by sharing passwords or access codes with any other person; each subscriber is liable to Bright for damages caused by unauthorized use in addition to sanctions under these Rules.
17. Required Documentation. Brokers must retain copies of documents required by Bright’s Rules and Policies (e.g., listing agreements and their modifications, purchase agreements, settlement statements, seller instructions on marketing and showings). Bright may at its discretion request a copy of written documentation required by the Rules and Policies to verify their adequacy and the information reported to Bright, and Subscribers must furnish requested copies within one business day.
18. Bright’s Fees. Brokers are financially responsible for the payment of all fees related to Subscribers associated with the Broker. Bright offers an option of a no-cost waiver of fees, dues, and charges for any licensee or appraiser who can demonstrate subscription to a different MLS where the Broker participates. Brokers must submit a certification of nonuse of the Bright Service by their licensees due to subscription to another MLS.
19. Orientation. Each Subscriber is expected to complete any required orientation training within 60 calendar days after access is provided

ENFORCEMENT

Bright’s Policy on Rules Enforcement describes the sanctions and appeal process

Appendix A – Definitions

• Agreement of Sale includes agreement to lease (or rent) except when not italicized.
  Appraiser means an individual licensed or certified by an applicable state regulatory agency to engage in the appraisal of real property.

• Bright Database means any database maintained for the Bright Service consisting of Listing Content, MLS

• Content, and related informational content (which includes, by way of example and not limitation, text, data,

• Images and Documents, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any MLS Content contained on or available through the

• Bright Service, and any other informational content stored by Bright). Bright owns the Bright Database.

• Bright Service means Bright’s proprietary online and mobile real estate information service, including the Bright Database.

• Broker means a broker of record, partner, corporate officer, or branch office manager who holds a current, valid real estate broker’s license.

• Business Days are weekdays (Mondays through Fridays) except if a weekday falls on a federal holiday.

• Buyer refers to a broker’s client or prospective client interested in purchasing a property.

• Calendar Day/Day is a 24- hour period beginning and ending at 12:00 midnight Eastern Time, Monday through Sunday, including weekends and Federal Holidays, unless otherwise expressly provided.

• Closed and Sold include “leased” (or “rented”) except when not italicized.

• Cooperating Broker means any Broker who is engaged by a client to assist them to buy or rent a property.

• Exclusive Agency Listing Agreement means a contractual agreement under which:

  • a single listing broker is granted authority to act as the agent or as the legally recognized non- agency representative of the Seller, to the exclusion of all others during the term of the contract, and
  • the Seller agrees to pay a fee or commission to the listing broker if the property is sold through the efforts of any real estate broker, but
  • if the property is sold solely through the efforts of the Seller, the Seller is not obligated to pay a commission to the listing broker.

• Exclusive Right to Sell Listing Agreement means a contractual agreement under which:

  • a single listing broker is granted authority to act as the agent or as the legally recognized non- agency representative of the Seller, to the exclusion of all others during the term of the contract, and
  • the Seller agrees to pay a fee or a commission to the listing broker, regardless of whether the property is sold through the efforts of the listing broker, the Seller or anyone else.

• An exclusive right to sell listing agreement may include a provision allowing the Seller to name one or more individuals or entities as exemptions or exclusions to the listing agreement and if the property is sold to any so exempted or excluded Buyer, the Seller is not obligated to pay a fee or commission to the listing broker.

  • Images and Documents includes images, photographs, audio, sounds, video graphics, user interfaces, visual interfaces, artwork, documents, drawings, renderings, blueprints, and any other files submitted by a Subscriber to the Bright Service as part of Listing Content.
  • Internet Data Exchange (IDX) affords Listing Brokers the ability to authorize limited electronic display of their listings by other Subscribers.
  • Licensee means a licensed real estate salesperson affiliated with a Broker.
  • Listings or Listing Content means Images and Documents, and any other content referred to in MLS Content, that is submitted by a Subscriber in relation to listed properties or otherwise used by or relied upon by Subscribers in the Bright Database.
  • Listing Broker is a Broker engaged by a client to list a property for sale or rent.

• MLS Content means individual units of, or collectively, any form of informational content contained in a real estate property listing (whether on or off market, active or sold), whether supplied by Bright, a Subscriber, or a third party that is stored in or made available through the Bright Service.

• Net Listing Agreement means a listing that entitles the real estate broker to receive as compensation any amount over a given net amount to the Seller. Net Listing agreements may not be submitted to Bright (except where required by law and/or a closed property qualifies for inclusion in Bright Database).

• Open Listing Agreement means a contractual agreement under which the Listing Broker acts as the agent or as the legally recognized non-agency representative of the Seller, and the Seller agrees to pay a commission to the Listing Broker only if the property is sold through the efforts of the Listing Broker. Bright does not accept properties listed subject to open listing agreements (except where required by law and/or a closed property qualifies for inclusion in Bright Database).

• Purchase or sale includes lease/rent.
  Seller means the entity that enters into a listing agreement with a listing broker.

• Service Area
  Bright’s Service Area includes all counties in Delaware, Maryland, and the District of Columbia as well as the following counties in:

• Short Sale means a transaction where title transfers, where the sale price is insufficient to pay the total of all liens and costs of sale and where the seller does not bring sufficient liquid assets to the closing to cure all deficiencies.

• Subscriber means, individually or collectively, Brokers, Licensees, non-licensed personnel associated with a Broker and which access the Bright Database to assist the Broker, and Appraisers

Appendix B – Status Definitions

All status changes must be submitted to the Bright Service within two calendar days. Active – Properties currently subject to a listing agreement, after the listing term has begun, and thus submitted to Bright, in which the Listing Broker has been directed by the Seller to:

• set appointments for showings (new construction may not qualify), AND
• seek agreements of sale to present to the Seller; AND
• the listing is on the market and a written offer has not yet been accepted. Active Under Contract – Properties in which a written offer has been accepted but the Seller agrees to:
• continue to show the property AND
• accept backup offers. Sub-categories for Active Under Contract include, but are not limited to, Kick Out, Third Party Approval, Attorney Review Period, and First Right of Refusal. Cancelled – Properties in which the listing agreement has been terminated prior to the expiration date. Closed
• Properties in which
• A successful closing has taken place and title has been transferred from Seller to Buyer or in which possession of a property has been transferred from a lessor to a lessee.
• the agreement of sale has been fulfilled or the lease agreement has been executed. A listing may not be submitted after closing, with one exception: A Broker who is not the Listing Broker and participated in the sale of a property

1. not previously actively listed and marketed in the Bright Database,
2. listed subject to an open listing agreement,
3. listed subject to a net listing agreement, or
4. listed by a real estate brokerage not participating in Bright may, after the closing, submit information about the property and the sale for inclusion in the Bright Database. The Broker must first obtain written permission from their client Buyer or Seller to submit the information to Bright. Coming Soon – Properties currently subject to a listing agreement, after the listing term has begun, and thus required to be submitted to Bright, in which the Listing Broker has been directed by the Seller:

• to market (or pre-market) the property
• but not to set appointments for home tours, showings, or open houses during a current, specified timeperiod for any Subscribers or prospective buyers.

Coming Soon status should be used when a Subscriber will not start widely marketing the home for some time; the Subscriber should enter the property as Coming Soon and select whether or not the information will be shared on the Internet (this selection may be changed at any time). If a property will not be made known at all to prospective buyers for some time, then the listing should not yet be submitted to Bright until the MLS Entry Date (within 2 days of allowing any potential buyer to learn about the property).

Coming Soon status requires:

• a. No agreement of sale is currently in effect.
• b. This listing has not yet been on the market but will be on the market soon.
• c. A listing agreement has been executed but the property cannot be shown.
• d. When a listing’s status is reported as Coming Soon, the showing appointment prohibition is deemed to apply to all Subscribers, including those affiliated with the listing broker. If a listing with a showingprohibition may be shown by at least one licensee affiliated with the listing office or listing company, the Coming Soon status may not be applied to the listing and the listing should be Active.
• e. During the period the status of a property is Coming Soon, if the Listing Broker receives an agreement of sale (whether solicited or not), it must be presented to the Seller in accordance with all applicable laws and regulations. Expired – Listings of property in which the listing agreement has expired:
  • the listing agreement has passed its contractually agreed-upon expiration date, AND
  • The listing Broker has not secured permission from the Seller on or before that expiration date to extend the term of the listing for an additional period of time.
  • Office Exclusive – see Rules’ requirements for use of the Limited Marketing/Office Exclusive status. Temporarily Off Market – Listings of property in which the Seller has requested the Listing Broker to:
  • temporarily suspend the marketing of the property, AND
  • not set appointments for showings, while the listing agreement between the Listing Broker and the Seller remains in effect.
  • The listing is off-market, but a contract still exists between the Seller and the Listing Broker and the listing is expected to come back on market.
• Pending – Listings of property in which:
  • an agreement of sale is in effect,
  • the settlement has not yet taken place,
  • The listing Broker has been instructed by the Seller to no longer set appointments for showings, and
  • a written offer/lease application has been accepted and the listing is no longer on the market.
    Withdrawn – The listing has been withdrawn from the market, but a contract still exists between the Seller and the Listing Broker and there is no intention to bring the listing back on the market.

Appendix C – Property Types

• Business Opportunity
  • Any business for sale that does not include the real property, but does include a leasehold interest in real property, which is transferred in conjunction with the business.
• Commercial Lease
  • Commercial Lease property type includes buildings that are zoned for commercial use and are for lease and/or residential dwellings of 5+ units.
• Commercial Sale
  • Commercial Sale property type includes buildings that are zoned for commercial use that are for sale and/or residential dwellings of 5+ units.
• Farm
  • A property where agricultural and similar activities take place that is for sale.
• Land
  • Vacant Land with no inhabitable improvement that is for sale. Land property type includes lots for sale.
• Multifamily
  • Multifamily property type will include 2-4 unit residential properties that are for sale where all units are part of the transactions.
• Residential
  • A single-family residence that is for sale. Residential property type will include residential dwellings of one unit.
• Residential Lease
  • A single-family residence that is for lease. Residential Lease property type will include residential dwellings of one unit that are for lease.

Appendix D – Required Disclosures

The following disclosures are required if applicable to a listing:

• A. Bright MLS Disclosures. Promptly upon beginning to provide real estate brokerages services requiring a license, subscribers must deliver to their client, by hardcopy or electronically signable format, a disclosure form, as provided by Bright MLS, that explains how information is provided to and used by Bright MLS.

• B. Short Sales. Listing Brokers must disclose potential short sales details when reasonably known to the Listing Brokers, unless precluded by law.

• C. Exempted Prospects. Exclusive agency listings and exclusive right to sell listings with named prospects exempted must be identified, since they can present special risks of procuring cause controversies and administrative problems not posed by exclusive right to sell listings with no named prospects exempted. Subscribers should contact the Listing Broker or Subscriber to verify the identity of exempted prospects.

• D. Contingencies. Any contingency or conditions in a listing must be specified. The Listing Broker must update the listing if a contingency is fulfilled or renewed, or the agreement is cancelled.

• E. Limited Services. A Subscriber who will not provide one or more of the following services must disclose this limitation, so a potential Cooperating Broker may be aware of the need to provide some or all of these services to clients:

  • arrange appointments for Cooperating Brokers to show the listed property to potential buyers
    (Cooperating Brokers must be given authority to make appointments),

  • accept and present to the Seller agreements of sale for the property procured by Cooperating Brokers (Cooperating Brokers must be given authority to present agreements of sale directly to the Seller)

  • advise the Seller as to the merits of agreements of sale

  • assist the Seller in developing, communicating or presenting counteroffers

  • participate on the Seller’s behalf in negotiations leading to the sale of the listed property

• F. Subscriber’s Interest in a Property. If a Subscriber has any interest in a property being entered as a listing, that interest must be disclosed. Additionally, if a Subscriber wishes to acquire an interest in property listed with another Listing Broker, the contemplated interest must be disclosed in writing to the Listing Broker not later than the time an offer to purchase is submitted to the Listing Broker.

Appendix E

Policy on Images and Documents in the MLS

1. General
   This policy applies to all images and documents included in the MLS Database and linked to/from the MLS Database. Images and documents include, but are not limited to, marketing materials, photos, virtual tours, drawings, artist renderings, floor plans, architectural drawings and other graphic representations including logos.

2. Subscribers Responsible for Obtaining Copyright Permissions Each Subscriber agrees in the Bright Subscription Agreement to the following: For all Listing Content provided to Bright MLS for use in the Bright MLS Service, Subscriber represents and warrants that Subscriber owns the copyright or has obtained the necessary Consents to grant and hereby grants to Bright MLS a non-exclusive, perpetual, worldwide, transferable, royalty-free license to use, distribute, reproduce, display, adapt, create derivatives of, perform, and distribute the Listing Content through and in connection with the Bright MLS Service in any form or manner and to sublicense such rights through multiple tiers, provided that Subscriber’s Listing Content shall not be distributed for advertising purposes without Subscriber’s prior consent. Bright MLS may use, distribute, reproduce, display, adapt, create derivatives of, perform, and distribute the Bright MLS Content, through and in connection with the Bright MLS Service in any form or manner and to sublicense such rights through multiple tiers. If the subscriber did not create the image or document (e.g., take the photo), then a copyright release must be obtained from the individual holding the copyright interest in images, floor plans, and other copyrighted works to be submitted to the MLS Database whenever the interest is held by a party other than the submitting Listing Broker or the Subscriber affiliated with the Listing Broker. A provision like the following should be included in each agreement with a photographer: “Photographer assigns all right, title, and interest, including copyrights and all intellectual property rights, in photographs to the broker and agrees to execute any further documents which may reasonably be necessary to effect this assignment.”

3. General Requirements

   • A. Images should depict the property available for sale and may not convey any marketing or promotional messages made on behalf of the Listing Broker or associated Subscriber.
   • B. At least one photo must be submitted at the time of a listing entry, regardless of property type and status, except where the Seller expressly directs that images of the property are not to be submitted. The listing agent must upload other images to the listing within 72 hours, except when the status is in “Coming Soon” or the seller has requested in writing that additional images of the property are not to be submitted.
   • C. One photo must be a “curbside” view of the property that shows the property upon arrival. For new construction, an architectural rendering of the exterior elevation or the floor plan is permitted. For unimproved non-residential properties, a plat or survey of the property is permitted.
   • D. One photo is selected to be displayed as the primary photo.
   • E. Subscribers may not alter or remove the MLS’s copyright legend from any image except for a Listing Broker’s own images.
   • F. Subscribers may not use the following creative examples of content from a prior listing of a property for a current listing of the property without the express consent of the owner of proprietary rights in the media content: photographs, images, graphics, audio and video recordings, virtual tours, drawings, remarks, document attachments, and narratives related to the listed property.
   • G. The MLS may remove any image from the MLS Database that does not conform to the MLS’s Rules.

4. Requirements Specific to Certain Images and Documents

   • A. Listing Photos and Renderings
   1. Photos or non-photographic renderings of the subject property may include:
   • the exterior of the subject property (including the grounds and other structures)
   • the interior of the subject property
   • in the case of new construction, the exterior and/or interior of a similar property.
   2. Photos or renderings for a specific property listed in the MLS may not include:
   • Images of any identifiable person — real, animated, computer-generated, or otherwise.
   • Any readable text, graphics, contact information of the list office, list agent(s), co- list agents(s), seller(s) or any other person or service provider involved in the marketing, sale or lease of the property.
   • Any contact or identifying information nor any text or graphics that have been added or superimposed on them.
   • Specifically, images may not include any brokerage firm’s or Subscriber’s identifying or contact information, image of the listing office, listing agent(s), co- listing agents(s), seller(s) or any other person or service provider involved in the marketing, sale, or lease of the property.
   • Any signs or identifying logos.
   • B. MLS Database Portraits of Subscribers Photo portraits or renderings of Subscribers may not be included with data for a listing, but may be submitted for inclusion in the MLS Database for display on materials such as e-cards, flyers, and CMA cover pages. Typically, the photographer copyrights portraits taken by professional photographers and their use is subject to limitations. A copyright release should be secured for their use. MLS Database photo portraits, while ordinarily individual in nature, may include two or more Subscribers working as a group or a team.
   • C. Floor Plans
   • A floor plan (including if multiple pages) of the property may be submitted.
   • D. Virtual Tour Links The MLS hosts only links to virtual tours, which are hosted by the Subscriber’s service provider. Virtual tours are subject to the same content limitations as images, except that in no case may any person included in a virtual tour be identifiable or recognizable, and if a virtual tour includes readable text, in a sign or otherwise, its inclusion must be incidental to the purpose of the tour.
   • E. Virtual Staging
     “Virtual Staging” means using software to create a photo or conceptual rendering of what a room or property could look like, if it was staged or lived in.
   1. Virtually-staged photo(s)/rendering(s) must be disclosed in the MLS.
   2. Modifying photo(s)/rendering(s) to include visual elements not within a property owner’s control is strictly prohibited. For example, editing in a view of a scene that is not physically possible from the specified location in the real world.
   3. Modifying photo(s)/rendering(s) to exclude visual elements not within a property owner’s control is strictly prohibited. For example, removing power lines, water towers, or nearby highways.
   4. Modifying photo(s)/rendering(s) to include personal property items not conveyed with the real property is permitted. For example, it is permitted to apply digital photos of furniture, mirrors, artwork, plants, etc. into a photo of an empty room, or to remove existing furniture from a photo and replacing it with digital images of furniture, mirrors, artwork, plants, etc.
   5. Virtually-staged photo(s)/rendering(s) on either (a) To-Be Built; or (b) Under Construction; is permitted for all facets of real property conveyed to a buyer in a sale.

Appendix F

Policy on Digital Display

This policy describes the requirements for digital display of Bright listing information on any website or app, using any Bright-supplied data feed. Bright supplies listing information for display in three forms: (1) an Internet Data Exchange (IDX) data feed, (2) a Virtual Office Website (VOW) data feed, and (3) a publicly accessible website or app feed. All three are available only to companies actively engaged in marketing residential real estate on behalf of home sellers.\ Display Data Feed – The following rules apply to all sites and apps that permit the public to search and view listing information:

1. All sites and apps displaying Bright data must enable Bright’s usage tracking service. Contact Bright for more information about how to enable this feature.
2. Each listing-detail page must enable a reasonable real estate consumer to understand: (a) who is the listing agent/broker (based on the information provided in Bright’s data feed); (b) how to contact the listing agent/broker (based on the information provided in Bright’s data feed); and (c) who is the advertising broker who controls the advertisement.
3. Each data licensee must not knowingly:
   • a. Encourage or facilitate Bright subscribers to violate Bright’s requirements for its subscribers, including the requirements for subscribers to enter listing information into the MLS and to cooperate with other subscribers on behalf of their respective clients.
   • b. Obtain from another source the same information supplied by Bright, except for purposes of the site/app-operating broker’s own listings.
   • c. Use the data provided by Bright to test, research, or develop new software programs, apps, or other products or services.
   • d. Share the data provided by Bright with any third party other than for purposes of facilitating the operation of the licensee’s site or app.
4. Any content added to a property’s information (e.g., photos, videos, descriptive information about a neighborhood or home) must promptly be removed at a listing broker’s request.
5. For sites/apps operated by companies actively engaged in the residential real estate business but are not eligible for IDX/VOW feeds as a Bright Subscriber, a separate license agreement must be signed with Bright.
6. All sides and apps displaying Bright data may not create, facilitate, or support any non-MLS mechanism for Bright subscribers, sellers, or landlords to make offers of compensation to buyer/tenant brokers or other buyer/tenant representatives, outside of the negotiations of a purchase/lease agreement.

INTERNET DATA EXCHANGE (IDX)

IDX affords MLS Brokers the ability to authorize limited electronic display and delivery of their listings by other Brokers via the following authorized mediums under the Broker’s control: websites, mobile apps, and audio devices. As used throughout this policy, “display” includes “delivery” of listings. The database maintaining the data is copyrighted by Bright.

Section 1

The Listing Broker’s consent for display of their listings by other Brokers for real estate brokerage purposes is pursuant to Bright’s Rules is presumed unless precluded by law or unless a Listing Broker affirmatively notifies Bright that the Listing Broker refuses to permit the display on either a blanket or a listing-by-listing basis. Listing Brokers that refuse to permit other Brokers to display their listing information on a blanket basis may not download, frame or display the aggregated listing data of other Brokers. Even where Brokers have given blanket authority for other Brokers to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis where the Seller has prohibited all Internet display or other electronic forms of display or distribution.

Section 2

Participation in IDX is available to all Brokers engaged in real estate brokerage who consent to display of their listings by other Brokers.

• a. Brokers must notify the MLS of their intention to display IDX information and must give the MLS direct access for purposes of monitoring and ensuring compliance with applicable rules and policies.
• b. Brokers may authorize their affiliated Licensees to participate in IDX using separate URLs by filling out a broker authorization form, available on the website. Licensees affiliated with a Broker may display information available through IDX subject to:
  1. their Broker’s consent and control, and
  2. the requirements of all applicable state law and/or regulation, and Bright Rules and this policy. Such a Licensee, upon acceptance by Bright of a broker authorization form (available from Bright) to display content obtained from Bright’s IDX Database shall be considered an IDX Subscriber.
• c. Sharing of the IDX data (or any portion thereof) with any third party not authorized by Bright is prohibited. Bright requires a licensing agreement (provided by Bright) between Bright and any third-party vendor who hosts or maintains an IDX website or who hosts, maintains, or downloads the Bright IDX data (or any portion thereof).

Section 3

Brokers and Licensees may not use IDX-provided listings for any purpose other than display and as provided in Bright’s Rules and this policy.

• a. Except as provided in the IDX policy and these rules, an IDX site or a Broker or Licensee operating an IDX site or displaying IDX information as otherwise permitted may not distribute, provide, or make any portion of the IDX Database available to any person or entity.
• b. Brokers may use IDX data to create or have created by a third-party an automated estimate of the market value of a listing to be displayed by the Broker or their Licensee on their IDX web site in immediate conjunction with the listing.
• c. Brokers and Licensees are not required to prevent, and are permitted to enable, indexing of displayed IDX listings by search engines.
• d. Listings, including property addresses, are included in IDX data except where a Seller has directed their listing Broker to withhold their listing or the listing’s property address from all display on the Internet (including, but not limited to, publicly-accessible websites or VOWs) or other electronic forms of display or distribution.
• e. Brokers and Licensees must refresh all MLS downloads and IDX displays automatically fed by those download at least once every twelve hours.
• f. Any IDX display may appear only on a site controlled by an Broker or Licensee and must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. For purposes of the IDX policy and these rules, “control” means the ability to add, delete, modify and update information as required by the IDX policy and MLS rules.
• g. Any IDX display controlled by a Broker or Licensee or that
  1. allows third-parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or
  2. displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing, shall disable or discontinue either or both of those features for the Seller’s listings at the request of the Seller. The listing Broker or Licensee shall communicate to Bright that the Seller has elected to have one or both of these features disabled or discontinued on all displays controlled by Broker, and Bright will provide that information to each Broker and Licensee operating an IDX display. Except for the foregoing, and subject to
  3. Section 2(i), a Broker’s or Licensee’s IDX display may communicate the Broker’s or Licensee’s professional judgment concerning any listing. Nothing shall prevent an IDX display from notifying customers that a particular feature has been disabled at the request of the Seller.
• h. Brokers and Licensees shall maintain a means (e.g., e-mail address, telephone number) to receive comments about the accuracy of any data or information that is added by or on behalf of the Broker or Licensee beyond that supplied by the MLS and that relates to a specific property. Brokers and Licensees shall correct or remove any false data or information relating to a specific property upon receipt of a communication from the listing Broker or listing Subscriber for the property explaining why the data or information is false. However, Brokers and Licensees shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment.
• i. All listings displayed pursuant to IDX shall identify the listing firm in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. Displays of minimal information (thumbnails, text messages, tweets, etc. of 200 characters or less) are exempt from the requirement only when linked directly to a display that includes all required disclosures. For audio delivery of listing content, all required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the devices application.
• j. Bright uses (directly and through a third party) monitoring codes, trackers, and other software (the “Monitoring Code”) to compile statistics about internet activity and site visits, and to monitor compliance with Bright’s policies. Use of the Listing Content under this policy is conditioned upon enabling the Monitoring Code on all digital displays and applications in the manner directed in writing by Bright within 60 days of Bright’s written instruction (or sooner, as reasonably may be directed by Bright).

Section 4

Display of listing information pursuant to IDX is subject to the following rules:

• a. Listings displayed pursuant to IDX shall contain only those fields of data designated by Bright. Display of all other fields (as determined by Bright) is prohibited. Confidential fields intended only for other MLS Brokers and Licensees (e.g., showing instructions, property security information, etc.) may not be displayed on IDX sites.
• b. Brokers and Licensees shall not modify or manipulate the data relating to another Broker’s listings.
• c. Brokers and Licensees may limit the subset of IDX listings they choose to display based only on objective criteria that does not violate the Bright Rules or the NAR Code of Ethics and is not based on an agreement with another Listing Broker. The selection of listings that may be displayed through IDX must be independently made by each Broker or Licensee.
• d. Any search result identifying another Broker’s listing which only displays seven or fewer data fields and which does not provide for the display of photos (when available) must display either the listing company’s or firm’s name or the Bright-approved IDX icon. All other search results displaying another Broker’s listing must bear the listing company’s or firm’s name and may (but is not required to) display the Bright-approved IDX icon.
• e. If the name(s) of any affiliated licensee(s) is/are co-branded with the name of the brokerage firm or company, the display of such co-branding must conform with the regulatory requirements of all states for which the Broker chooses to display Bright IDX properties. Exception: In the event of a mutually exclusive conflict between the regulatory requirements of states for which Broker chooses to display properties, Broker must display Bright IDX Database properties located in such states on separate pages or windows of the web site branded to conform with such states regulatory requirements.
• f. On websites, print outs, or e-mails which display Bright IDX content, the following notifications, explanations and/or disclosures must appear legibly, either on 1) the website home page, or 2) every website page used to search for Bright IDX content, or 3) if not on pages of the website as described in 1 or 2, then on all website pages which display Bright IDX content:
  1. An explanation of the nature of the IDX program
  2. A disclosure that Bright is the source (or a source) of the IDX content on the website
  3. A notification that the property information being provided on or through the website is for the personal, non-commercial use of consumers and such information may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing
  4. A notification that some properties which appear for sale on the website may no longer be available because they are for instance, under contract, sold or are no longer being offered for sale.
  5. A Bright copyright notification using the following wording: “© Bright, All Rights Reserved” or “Copyright Bright, All Rights Reserved”
  6. A disclosure that the property information displayed is deemed reliable but is not guaranteed.
• g. Websites displaying listing content obtained through the Bright IDX data feed may not use the term “MLS” or the words “Multiple” (or “Multi”) “Listing” (or “List”) “Service” (or “System”) together or in any combination in a website address (URL) or website name in a manner that would lead a reasonable consumer to believe the website is a multiple listing service or provides access for consumers to a multiple listing service. In addition, nowhere on a website that displays listings obtained through the Bright IDX program may there be any assertion, reference, indication or suggestion that “the MLS”, “the Multiple Listing Service”, “the Multiple Listing System”, “Bright”, “the Bright Multiple Listing Service” or “the Bright Multiple Listing System” can or is being searched or viewed.
• h. Displays may be augmented with property information from other sources to appear on the same search results and in the same listing-detail display, with the source(s) of the information clearly identified in the search results and on the listing-details page, in immediate proximity to the information. For properties obtained from Bright, each must state “Property Information from Bright MLS”. Virtual Office Website (VOW) Display Rules

VIRTUAL OFFICE WEBSITE (VOW)

Section 1

• a. A Virtual Office Website (“VOW”) is a Broker’s Internet website, or a feature of a Broker’s website, through which the Broker is capable of providing real estate brokerage services to consumers with whom the Broker has first established a broker-consumer relationship (as defined by state law) where the consumer has the opportunity to search MLS Listing Information, subject to the Broker’s oversight, supervision, and accountability. A non-principal broker or licensee affiliated with a Broker may, with their Broker’s consent, operate a VOW. Any VOW of a non-principal broker or licensee is subject to the Broker’s oversight, supervision, and accountability.
• b. As used in Section 1 of these Rules, the term “Broker” includes a Broker’s affiliated non-principal brokers and licensees – except when the term is used in the phrases “Broker’s consent” and “Broker’s oversight, supervision, and accountability”. References to “VOW” and “VOWs” include all VOWs, whether operated by a Broker, by a non-principal broker or sales licensee, or by an Affiliated VOW Partner (“AVP”) on behalf of a Broker.
• c. “Affiliated VOW Partner” (“AVP”) refers to an entity or person designated by a Broker to operate a VOW on behalf of the Broker, subject to the Broker’s supervision, accountability and compliance with the VOW Policy. No AVP has independent participation rights in the MLS by virtue of its right to receive information on behalf of a Broker. No AVP has the right to use MLS Listing Information except in connection with operation of a VOW on behalf of one or more Brokers. Access by an AVP to MLS Listing Information is derivative of the rights of the Broker on whose behalf the AVP operates a VOW.
• d. As used in Section 1 of these Rules, the term “MLS Listing Information” refers to active listing information and sold data provided by Brokers to the MLS and aggregated and distributed by Bright to Brokers.

Section 2

• a. The right of a Broker’s VOW to display MLS Listing Information is limited to that supplied by the MLS(s) in which the Broker has participatory rights. However, a Broker with offices participating in different MLSs may operate a master website with links to the VOWs of the other offices.
• b. Subject to the provisions of the VOW Policy and these Rules, a Broker’s VOW, including any VOW operated on behalf of a Broker by an AVP, may provide other features, information, or functions, e.g. Internet Data Exchange (“IDX”).
• c. Except as otherwise provided in the VOW Policy or in these Rules, a Broker need not obtain separate permission from other MLS Participants whose listings will be displayed on the Broker’s VOW.

Section 3

• a. Before permitting any consumer to search for or retrieve any MLS Listing Information, the Broker must take each of the following steps:
  1. The Broker must first establish with that consumer a lawful broker-consumer relationship (as defined by state law), including completion of all actions required by state law in connection with providing real estate brokerage services to clients and customers (hereinafter “Registrants”). Such actions shall include, but are not limited to, satisfying all applicable agency, non-agency, and other disclosure obligations, and execution of any required agreements.
  2. The Broker must obtain the name of, and a valid email address for, each Registrant. The Broker must send an email to the address provided by the Registrant confirming that the Registrant has agreed to the Terms of Use (described in subsection (d) below). The Broker must verify that the email address provided by the Registrant is valid and that the Registrant has agreed to the Terms of Use.
  3. The Broker must require each Registrant to have a username and a password, the combination of which is different from those of all other Registrants on the VOW. The Broker may, at their option, supply the user name and password or may allow the Registrant to establish its user name and password. The Broker must also assure that any email address is associated with only one user name and password.
  • b. The Broker must assure that each Registrant’s password expires on a date certain but may provide for\ renewal of the password. The Broker must at all times maintain a record of the name, email address, user name, and current password of each Registrant. The Broker must keep such records for not less than 180 days after the expiration of the validity of the Registrant’s password.
  • c. If Bright has reason to believe that a Broker’s VOW has caused or permitted a breach in the security of MLS Listing Information or a violation of MLS rules, the Broker shall, upon request of Bright, provide the name, email address, user name, and current password, of any Registrant suspected of involvement in the breach or violation. The Broker shall also, if requested by Bright, provide an audit trail of activity by any such Registrant.
  • d. The Broker shall require each Registrant to review, and affirmatively to express agreement (by mouse click or otherwise) to, a “Terms of Use” provision that provides at least the following:
    1. That the Registrant acknowledges entering into a lawful consumer-broker relationship with the Broker;
    2. That all information obtained by the Registrant from the VOW is intended only for the Registrant’s personal, non-commercial use;
    3. That the Registrant has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW;
    4. That the Registrant will not copy, redistribute, or retransmit any of the information provided except in connection with the Registrant’s consideration of the purchase or sale of an individual property;
    5. That the Registrant acknowledges the MLS’s ownership of, and the validity of the MLS’s copyright in, the MLS database.
  • e. The Terms of Use Agreement may not impose a financial obligation on the Registrant or create any representation agreement between the Registrant and the Broker. Any agreement entered into at any time between the Broker and Registrant imposing a financial obligation on the Registrant or creating a representation of the Registrant by the Broker must be established separately from the Terms of Use, must be prominently labeled as such, and may not be accepted solely by mouse click.
  • f. The Terms of Use Agreement shall also expressly authorize Bright, and other MLS Participants or their duly authorized representatives, to access the VOW for the purposes of verifying compliance with Bright rules and monitoring display of Brokers’ listings by the VOW. The Agreement may also include such other provisions as may be agreed to between the Broker and the Registrant.
  • g. Bright uses (directly and through a third party) monitoring codes, trackers, and other software (the “Monitoring Code”) to compile statistics about internet activity and site visits, and to monitor compliance with Bright’s policies. Use of the Listing Content under this policy is conditioned upon enabling the Monitoring Code on all digital displays and applications in the manner directed in writing by Bright within 60 days of Bright’s written instruction (or sooner, as reasonably may be directed by Bright).

Section 4

A Broker’s VOW must prominently display an e-mail address, telephone number, or specific identification of another mode of communication (e.g., live chat) by which a consumer can contact the Broker to ask questions, or get more information, about any property displayed on the VOW. The Broker, or a non- principal broker or licensee licensed with the Broker, must be willing and able to respond knowledgeably to inquiries from Registrants about properties within the market area served by that Broker and displayed on the VOW.

Section 5

A Broker’s VOW must employ reasonable efforts to monitor for, and prevent, misappropriation, “scraping”, and other unauthorized use of MLS Listing Information. A Broker’s VOW shall utilize appropriate security protection such as firewalls as long as this requirement does not impose security obligations greater than those employed concurrently by the MLS.

Section 6

• a. A Broker’s VOW shall not display listings or property addresses of any Seller who has affirmatively\ directed the listing broker to withhold the Seller’s listing or property address from display on the Internet. The listing broker shall communicate to the MLS that the Seller has elected not to permit display of the listing or property address on the Internet. Notwithstanding the foregoing, a Broker who operates a VOW may provide to consumers via other delivery mechanisms, such as email, fax, or otherwise, the listings of Sellers who have determined not to have the listing for their property displayed on the Internet.
• b. The Broker shall retain such documentation/forms for at least one year from the date they are signed, or one year from the date the listing goes off the market, whichever is greater.

Section 7

• a. Subject to subsection (b), a Broker’s VOW may allow third parties:
  1. to write comments or reviews about particular listings or display a hyperlink to such comments or reviews in immediate conjunction with particular listings, or
  2. display an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing
• b. Notwithstanding the foregoing, at the request of a Seller the Broker shall disable or discontinue either or both of those features described in subsection (a) as to any listing of the Seller. The listing broker or agent shall communicate to Bright that the Seller has elected to have one or both of these features disabled or discontinued on all Brokers’ websites. Subject to the foregoing and to Section 8, a Broker’s VOW may communicate the Broker’s professional judgment concerning any listing. A Broker’s VOW may notify its customers that a particular feature has been disabled “at the request of the Seller.”

Section 8

A Broker’s VOW shall maintain a means (e.g., e-mail address, telephone number) to receive comments from the listing broker about the accuracy of any information that is added by or on behalf of the Broker beyond that supplied by the MLS and that relates to a specific property displayed on the VOW. The Broker shall correct or remove any false information relating to a specific property within 48 hours following receipt of a communication from the listing broker explaining why the data or information is false. The Broker shall not, however, be obligated to correct or remove any data or information that simply reflects good faith opinion, advice, or professional judgment.

Section 9

A Broker shall cause the MLS Listing Information available on its VOW to be refreshed at least once every twelve hours.

Section 10

Except as provided in Bright’s Rules and this policy, a Broker may not use a VOW data feed from Bright for any other purpose.

Section 11

A Broker’s VOW must display the Broker’s privacy policy informing Registrants of all the ways in which information that they provide may be used.

Section 12

A Broker’s VOW may exclude listings from display based only on objective criteria.

Section 13

A Broker who intends to operate a VOW to display MLS Listing Information must notify Bright of its intention to establish a VOW and must make the VOW readily accessible to the Bright and to all MLS Brokers for purposes of verifying compliance with these Rules, the VOW Policy, and any other applicable MLS rules or policies.

Section 14

A Broker may operate more than one VOW himself or herself or through an AVP. A Broker who operates their own VOW may contract with an AVP to have the AVP operate other VOWs on their behalf. However, any VOW operated on behalf of a Broker by an AVP is subject to the supervision and accountability of the Broker.

Section 15

A Broker shall not change the content of any MLS Listing Information that is displayed on a VOW from the content as it is provided in the MLS. The Broker may, however, augment MLS Listing Information with additional information not otherwise prohibited by these Rules or by other applicable MLS rules or policies as long as the source of such other information is clearly identified. This rule does not restrict the format of display of MLS Listing Information on VOWs or the display on VOWs of fewer than all of the listings or fewer than all of the authorized information fields.

Section 16

A Broker shall cause to be placed on their VOW a notice indicating that the MLS Listing Information displayed on the VOW is deemed reliable but is not guaranteed accurate by Bright. A Broker’s VOW may include other appropriate disclaimers necessary to protect the Broker and/or Bright from liability.

Section 17

A Broker shall limit the number of listings that a Registrant may view, retrieve, or download to not more than500 current listings and not more than 500 sold listings in response to any inquiry.

Section 18

A Broker shall cause every listing displayed on their VOW that is obtained from other sources, including from another MLS or from a broker not participating in the MLS, to identify the source of the listing.

Section 19

A Broker shall cause every listing displayed on their VOW obtained from other sources, including from another MLS or from a broker not participating in the MLS, to be searched and displayed separately from listings in the MLS.

Section 20

Brokers and the AVPs operating VOWs on their behalf must execute the license agreement required by the MLS.

Appendix G

Policy on Fair Housing Bright believes that fair housing is more than a list of rules. Fair housing means our subscribers participate in an open market that embraces equal opportunity. Fair housing regulations are found on all levels of government. The United States Fair Housing Act prohibits discrimination in the buying, selling, renting or financing of housing. This includes discrimination based on race, color, national origin, religion, sex, familial status, disability or any other characteristics from a protected class. State and local laws also prohibit discrimination, often on a broader set of criteria, including discrimination based upon sexual orientation, gender identity or expression, and source of lawful income. These are expressly covered by most jurisdictions in Bright MLS’s footprint. These also may be covered by the federal fair housing laws’ protections against discrimination having a disparate impact on protected classes of individuals. Bright MLS prohibits all forms of recognized discrimination on a consistent basis for all subscribers, including by not permitting remarks that are recognized by any Bright MLS jurisdiction to be discriminatory. Bright MLS routinely searches listings for potential violations, including using the terms listed below, which likely reflect a discriminatory remark. Bright MLS subscribers must comply with applicable fair housing laws and regulations, including those at the state and local level. To familiarize yourself with these laws, each jurisdiction is listed below:

• Delaware: https://statehumanrelations.delaware.gov/fair-housing-information-center/ Delaware prohibits discrimination on the basis of race, color, national origin, religion, sex, disability, familial status, marital status, sexual orientation, gender identity, creed, age, and source of income:
• District of Columbia: https://ohr.dc.gov/fairhousing D.C. prohibits discrimination on the basis of race, color, sex (including pregnancy), national origin, religion, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, disability, source of income, a victim of the intra-family offense, or place of residence or business.
• Maryland: https://mccr.maryland.gov/Pages/Housing-Discrimination.aspx Pursuant to State Government Article, §20-702, Annotated Code of Maryland, it is the policy of the State of Maryland to provide for fair housing throughout the State, to all its citizens, regardless of race, color, religion, sex, familial status, national origin, marital status, sexual orientation, gender identity, disability, or source of income. Maryland prohibits discrimination on the basis of sexual orientation and gender identity. Several Maryland counties also prohibit discrimination on the basis of source of lawful income. http://www.mdrealtor.org/Programs/Housing-Programs/Fair-Housing. Legislation is pending the governor’s signature to make source of income discrimination prohibited statewide.
• New Jersey: https://www.nj.gov/oag/dcr/housing.htmll The New Jersey Law Against Discrimination prohibits discrimination in housing, and prohibits housing advertisements or listings that express any discrimination or limitation based on race, national origin, religion, gender, disability, family status, sexual orientation, gender identity or expression, and source of lawful income, including Section 8 housing choice vouchers, SRAP (State Rental Assistance Programs), and TRA (temporary rental assistance). The New Jersey Law Against Discrimination is enforced by the New Jersey Division on Civil Rights. To find out more, please visit www.njcivilrights.gov or call 866-405- 3050.
• Pennsylvania: Fair Housing – PA Department of Community & Economic Development Pennsylvania prohibits discrimination on the basis of race, color, national origin, religion, sex, familial status, age, ancestry, or pregnancy. Many jurisdictions throughout Pennsylvania have also enacted local anti-discrimination ordinances that ensure equal access to housing, regardless of a person’s marital status, sexual orientation, gender identity, source of income and other characteristics.
• Virginia: http://www.dpor.virginia.gov/FairHousing/Virginia’sFairHousingLaw makes it illegal to discriminate in residential housing on the basis of race, color, religion, national origin, sex, elderliness, familial status, and disability, as well as (effective July 1, 2020) sexual orientation, gender identity, and source of lawful income.
• West Virginia: https://hrc.wv.gov/Pages/Housing.aspx West Virginia prohibits discrimination on race, color, religion, ancestry, sex, familial status, blindness, handicap or national origin. If you have questions about Fair Housing, contact the civil rights agency in your state.

Search terms currently being used by Bright MLS to flag for staff review those user entries in the remarks field that may violate the prohibition on discrimination based upon source of income.

• COVID-19
• Emergency Rental Assistance Program CVERAP
• C.V.E.R.A.P.
• Government Assistance
• Housing assistance
• Housing Choice Voucher
• Housing Choice Vouchers
• HCV
• H.C.V.
• HCVs
• HCV’s
• H.C.V.s
• H.C.V.’s
• HUD
• H.U.D.
• Rapid
• Section 8
• Sec 8
• Sec-8
• Sec.8
• Section Eight
• S8
• S-8
• State Rental Assistance Program
• SRAP
• S.R.A.P.
• Subsidy Subsidies Subsidized
• Temporary Rental Assistance
• TRA
• T.R.A.
• Voucher
• Vouchers

References

• Bright MLS
• Housing
• Pages - Housing Discrimination
• Request Rejected

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