TABLE OF CONTENTS
10.1. Lockbox - A broker participant or r.e. subscriber
submitting a listing may obtain a lockbox from the applicable MLS office
for use on that property by strictly complying with the procedures and
rules set up by the applicable MLS and payment of the applicable
deposit.
10.2. (LEVEL LB ONLY) Key - A broker participant or r.e. subscriber of
Level LB signatories as provided in paragraph 4.4 may obtain a lockbox key
or programmer from the applicable MLS office for temporary use for showing
property in the area by strictly complying with the procedures and rules
set up by the applicable MLS and payment of the applicable deposit.
11. MLS BOOKS AND COMP BOOKS. (LEVEL II)
11.1. Participant and Subscriber Purchase - Participants and
subscribers of Level II signatories may order copies of MLS books,
hotsheets and other materials from any other Level II signatories if
such books are available. Each MLS may charge the prices specified in
Schedule A as amended from time to time.
11.2. Display - An Association may, but is not required to,
allow participants, subscribers or members of a Association to view any
MLS or comp book on premises.
11.3. Comp Books/Association Service - Each Association may
determine its own policy on whether comp books are a service of the
Association or an MLS service/product. However, if comp books are a
service of the Association, they must be made available to all
REALTOR-ASSOCIATE® members of Level II signatories.
12. COMPUTER ACCESS. (LEVEL III)
12.1. Association Access - Each Level III Association may
access the MLS database of every other Level III Association without the
payment of fees. However, no Association or MLS may allow access to
unauthorized persons and shall not make access to the data or give the
data to any entity or persons other than specifically authorized by this
agreement.
12.2. Security System - Each Association and MLS shall set up a
system to monitor security to the system by pass code exchange, separate
gate or other mutually acceptable mechanism to assure that only
authorized participants and subscribers may access the system. The
signatories to this contract may, as part of that arrangement, pass
costs affiliated with such access to the MLS Participants or
subscribers. Such a system may include an annual pass code fee, software
costs, or other mutually acceptable arrangement. Any such agreement
shall be put in writing. Any fees to be charged to the other Level III
participants or subscribers shall be added to Schedule A and sent to
C.A.R. in writing to be effective seven (7) calendar days after
publication through CARNET.
12.3. Participant and Subscriber Access - Participants and
subscribers of an MLS may directly access the MLS database of any other
Level III MLS without the payment of fees to the other MLS or Regional
MLS except as provided in Schedule A.
12.4. Restricted Database - Each REALTOR® or REALTOR-ASSOCIATE®
member of any Association may have direct access to the restricted
database of every Level III Association or MLS under this agreement.
Each Association may determine its own policy on whether access to the
its MLS restricted database is a service of the Association or is
included in MLS service/product fees.
12.5. Limits on Authority - No Association or MLS or party is
authorized to sell, transmit, retransmit or give access to any other
Association’s or party’s MLS data base or MLS restricted database to
persons other than its own MLS participants or subscribers except as
specifically authorized in this agreement.
13. FEES. Each signatory shall attach a list of the applicable
fees as Schedule A and shall notify the CALIFORNIA ASSOCIATION OF
REALTORS® (C.A.R.) in writing of any change in the fees. The price
changes shall become effective as to the participants and subscribers of
other signatories seven (7) calendar days after publication by C.A.R.
through CARNET or BOARDNET.
13.1. Each MLS shall set its own fee schedule for reciprocal fees it
charges participants and subscribers.
13.2. Each MLS shall determine the fees it charges its own participants and
subscribers.
13.3. Each MLS shall determine the prices at which it sells MLS books, comp
books and supplies. (LEVEL II)
13.4. Each MLS shall determine the deposit and fees for lockbox key
checkout, lease or sale privileges. (LEVEL LB)
14. CHANGE OF LEVEL. Any signatory may change the level to
which it agrees by giving written notice to C.A.R. Such change will
become effective upon publication through CARNET, if the level is higher
or, if the level is reduced, upon seven (7) days after publication
through CARNET.
15. ENFORCEMENT OF MLS RULES.
15.1. Home MLS Rules - Participants and subscribers shall be
governed by the MLS Rules and Regulations of their home MLS except that
participants and subscribers shall also be governed by the rules under
which the listing is published or to which they have access in
conjunction with such access if other than the participant or
subscriber’s home MLS.
15.2. Copies of MLS Rules - Copies of the MLS rules of any
Association MLS shall be made available by the home MLS to its
participants and subscribers upon request.
15.3. Minimum Rules - Each Association and MLS agrees that it
will not adopt MLS rules which are less strict than Sections 4, 8, 11,
12 and 13 of the California Model MLS Rules, as from time to time
amended. Each Association and MLS agrees to enforce the applicable rules
against its own participants and subscribers.
15.4. Arbitration Between Participants and Subscribers - The
MLS Rules of each MLS shall provide for arbitration between participants
and/or subscribers as provided in the California Model MLS Rules, as
from time to time amended by the CALIFORNIA ASSOCIATION OF REALTORS®,
and require MLS participants and subscribers to submit to binding
arbitration any disputes between participants and/or subscribers of the
MLSs under this agreement. Such arbitrations shall be governed by the
California Code of Ethics and Arbitration Manual, as from time to time
amended, which are hereby incorporated by reference.
15.5. Reciprocating MLS Rules - In the event a participant
submitting reciprocal listings is found to be in violation of the MLS
rules of a reciprocating MLS, the reciprocating MLS may impose
discipline upon the violating participant under its rules including, but
not limited to, the termination of all rights to submit reciprocal
listings, purchase MLS and comp books, lockbox key privileges and access
the MLS database. The MLS imposing the discipline shall notify the
participant’s home MLS of the action.
15.6. Suspension for Rules Violations - In the event a
participant or subscriber is suspended from his home MLS for violation
of the MLS Rules, the home MLS will notify any and all reciprocating
MLSs, but the listings of that participant will remain in any
reciprocating MLSs’ books and database but will not be allowed to be
renewed or extended.
15.7. Suspension for Nonpayment - In the event a participant or
subscriber is suspended for non-payment of fees or resigns from his home
MLS, the home MLS will notify any and all reciprocating MLSs, which will
remove all reciprocal listings of that participant or subscriber from
its MLS books and database.
16. COPYRIGHTS.
All right, title, and interest in each copy of every MLS compilation
created and copyrighted by that MLS’s respective Association(s) or regional
MLS, and in the copyrights therein, shall at all times remain vested in
such Association(s) or regional MLS. This agreement does not vest any
rights, title and interest in the MLS compilation of each respective party
to this agreement in any other party to this agreement.
17. RELATIONSHIP OF THE PARTIES.
By this Agreement the parties have established rights and obligations
between one another, and are neither partners nor joint venturers. Each
Association and corporation is responsible for its own finances and each
party shall continue to operate its MLS independently, except as herein
expressly provided to the contrary. As a convenience to the parties to this
agreement and to its members, the CALIFORNIA ASSOCIATION OF REALTORS® is
the place where changes and signature pages will be kept on file. Where
C.A.R. is designated as the entity to receive and publish notice or
changes, such provisions shall be effective only as long as C.A.R. is
willing to provide such service. Where the term "CARNET" is used, it shall
mean the electronic method of transmission between Associations then being
offered by C.A.R. In the event that C.A.R. no longer provides the services
outlined in this paragraph, the parties may designate an alternative
central place of notification by mutual agreement. However, C.A.R. is not a
party, partner nor joint venturer to any of the signatories of this
contract.
18. LIMITED AUTHORITY AND INDEMNITY.
Each Association and Regional MLS agrees not to represent itself as having
authority to act or contract on behalf of the other Associations or
Regional MLS without express authority pursuant to the terms of this
agreement. Each Association and Regional MLS agrees to indemnify and hold
each other Association and Regional MLS harmless for any damages resulting
from such unauthorized conduct.
19. TERM AND TERMINATION OF AGREEMENT.
This agreement shall continue unless cancelled pursuant to this paragraph.
Any party may cancel this Agreement without cause upon thirty (30) days
advance written notice to all other parties and to C.A.R. or upon written
notice to C.A.R. which shall become effective thirty (30) days after
publication through CARNET. If one party cancels this agreement, the
remaining parties shall continue to be bound under the terms of this
agreement.
20. N.A.R. POLICY.
Parties to this agreement agree to maintain their governing documents in
compliance with N.A.R. policy. Proof of compliance with N.A.R. policy shall
be provided to any Association upon demand. A letter from N.A.R. stating
compliance with their policy shall be sufficient proof under this
section.
21. CONSTRUCTION OF CONTRACT.
If any provision or provisions of this contract are held to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby.
This Agreement may be executed two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one
and the same instrument. This Agreement is an agreement with all other
entities that have signed the CALIFORNIA MASTER RECIPROCAL AND
INTER-REGIONAL MLS AGREEMENT and have submitted the signatory page to the
CALIFORNIA ASSOCIATION OF REALTORS®.
22. ARBITRATION.
Any controversy or claim between signatories to this Agreement arising out
or relating to this Agreement or the breach thereof, shall be first
submitted to mediation. If the matter is unable to be settled by mediation,
such controversy or claim shall settled by arbitration in accordance with
the Commercial Arbitration Rules of the American Arbitration Association
and the award rendered by the Arbitrators(s) shall be binding and final.
Arbitration between participants and subscribers of an MLS are governed by
paragraph 15.4.
23. AUTHORITY.
The Boards of Directors of the respective parties have approved this
agreement and those signing below have the authority and are signing for on
behalf of the respective parties.
24. AMENDMENT
This agreement may be amended by the Board of Directors of the California
Association of REALTORS® and will become effective 60 days after adoption
of the amendment by the C.A.R. Directors. Notice of such amendments will be
given through C.A.R.’s usual communication channels to Boards/Associations.
Each signatory agrees to be bound by the amendment unless they otherwise
terminate the contract pursuant to paragraph 19.
25. EFFECTIVE DATE.
This Agreement is effective as the date specified by the signature and
shall continue until terminated.
SIGNATORY PAGE
The undersigned hereby agrees to all the provisions of the 1994 CALIFORNIA
MASTER RECIPROCAL AND INTER-REGIONAL AGREEMENT.
The undersigned elects: (CHECK ONE)
( ) LEVEL I
( ) LEVEL II
( ) LEVEL III
( ) LEVEL LB
Date:
NAME OF ASSOCIATION OR REGIONAL MLS:
By:
Name and Title:
SCHEDULE A
Reciprocal Fee $
Lockbox Deposit $
Lockbox Key Deposit $
Lockbox Price $
MLS Book Price $
MLS Comp Price $
Passcode setup $
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