In an effort to provide a more consistent enforcement of the MLS Rules as related to photos in Flexmls, the MLS Board of Directors modified the MLS Rules at their July 30, 2015 meeting. Specifically the amended Rules clarify that the minimum requirement of one (1) photo must be entered within forty eight (48) hours of the listing date, not the date the listing is entered into the system. Regarding branded photos, MLS Staff has the authority to remove such photos and/or assess fine(s) on the offending agent and his/her managing broker. The MLS Photos Rules are presented below in their entirety.
MLS Rules & Regulations, Section 1.2.3. Photos. One primary image (i.e., photo, drawing, plat, survey or similar media) is required for each listing filed with the MLS, unless written documentation requesting an image not be submitted is signed by the seller and submitted to the MLS. Said image shall be filed with the MLS within forty eight (48) hours of the listing date.
The branding of images, virtual tours and/or any framing for images or virtual tours with any information or additional images is prohibited. Examples of branding, include but are not limited to visual, verbal or written information; “for sale” signs or promotional signage; names, email address, websites or contact information for any persons or entities; logos; identifiable codes, symbols or colors; and names of any persons.
Images may not be enhanced to present less than a true picture of the listed property. Examples of prohibited enhancements, include but are not limited to, adding or removing permanent or semi-permanent features (i.e., power lines, fire hydrants, landscaping elements); altering the colors or features of the property or its surrounding landscape.
All images and tours submitted to the MLS are considered the property of the original listing agent and shall not be copied or used in any manner without written permission of the original listing agent.
In satisfying these photo requirements contained in these Rules, Participants and Subscribers should be mindful of Article 12 of the REALTOR® Code of Ethics, which requires that “REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, market and other representations.
First Offense
Failure to abide by any of these Photo rules shall result in a warning that the offense must be corrected within forty eight (48) hours. Failure to make the requested changes shall result in the photo being removed.
Second Offense
A second offense of these Photo rules within ninety (90) days of the first offense shall result in the photo being removed and a fifty dollar ($50) fine assessed to the Subscriber(s).
Third Offense
A third offense of these Photo rules within ninety (90) days of the second offense shall result in the photo being removed and a fifty dollar ($50) fine assessed to the Subscriber(s) and his/her Participant.