Notice of Changes to the Fines and Sanctions

VR
Victor Raymos
Mon, Dec 17, 2012 7:45 PM

Hello Everyone,

See below and attached for the changes to Section 9.1 of the Rules and
Regulations of the St. Augustine & St. Johns County Multiple Listing Service
as directed by the MLS Board of Directors.  More specifically, see 9.1.2.,
9.1.3., and 9.1.14. items in red for the changes.

These changes are effective immediately.

SECTION 9.1 -  VIOLATIONS OF RULES AND REGULATIONS:

If the alleged offense so a violation of the rules and regulations of the
Service and does not involve a charge of alleged violation of one or more of
the provisions of Section 16 of the rules and regulations or a request for
arbitration, it may be administratively considered and determined by the
Board of Directors of the MLS and if a violation is determined, the Board of
Directors may direct the imposition of sanction provided that the recipient
of such sanction may request a hearing by the Professional Standards
Committee of the Board in accordance with the bylaws of the Board of
REALTORSR. Alleged violations of Section 16 of the rules and regulations
shall be referred to the Board's Grievance Committee for processing in
accordance with the professional Standards procedures of the
Board/Association. (Amended 2/98)

If, rather than conducting an administrative review, the MLS has a procedure
established to conduct hearings, any appeal of the decision of the hearing
tribunal may be appealed to the board of directors of the MLS within twenty
(20) days of the tribunal's decision.  Alleged violations involving
unethical conduct shall be referred to the professional standards committee
of the association of REALTORSR for processing in accordance with the
professional standards procedures of the association.  If the charge alleges
a refusal to arbitrate, such charge shall be referred directly to the board
of directors of the association of REALTORSR.

Sanctions (fines) for violations of the MLS Rules and Regulations shall be
as follows:

  1.       For filing/adding a late listing (within 2 /business days)
    

first offense, written warning; second offense, $25; third offense, $50;
fourth offense and thereafter, $100.(01/11)

  1.       For failing to file certification by the seller, within 1
    

business day, that s/he does not desire the listing to be disseminated by
the MLS (exempted listing), first offense, written warning; second offense,
$100; third offense and thereafter, $500.  This offense is RealtorR specific
as opposed to property specific.

  1.       For failure to provide copies of documents within 48 hours (two
    

(2) business days) when requested by MLS Department.  First offense, written
warning; second office, $25.  Additional charge of $50 if not provided
within ten working days.

  1.       For failure to report Withdrawn, Pending or Closed Sale (within
    

1 business day) first offense, written warning; second offense, $25; third
offense, $50; fourth offense and thereafter, $100.(01/11)

  1.       For incorrect information in required fields per listing
    

(example, the PID number, legal, owner name (some examples which are not
acceptable are "of record", "on file", "call LO" and "lengthy"), false
reporting of the selling office, etc.) first offense, written warning;
second offense and thereafter, $100.00.

  1.       For failure to disclose Exclusive Agency Listings, Variable or
    

Dual Rate Commission Arrangements and Contingency Listings, first offense,
$250.00second offense, $500.00 and thereafter $1000.00. (12/00)

  1.       MLS Comparable book in the possession of a non-subscriber or
    

sharing of computer password with anyone, first offense, warning; second
offense, $100.

  1.       An office suspended from MLS for non payment of MLS statement
    

shall be assessed $100.  An office suspended from MLS for non payment of MLS
statements twice within one year, shall be assessed $325.

  1.       For submission of a check for payment which is returned
    

"insufficient funds" a $30.00 processing fee.(12/00)

  1.        For failure to include a photograph with a residential
    

(single family home, condominium, or mobile home) and vacant land listing
placed in the Multiple Listing Service, Inc.  First offense, After 15 days
without a photo, written warning.  On the 30th day, the Broker will be
assessed a $25.00 per month service fee per listing without a photo.

11    For inserting a Personal Marketing Virtual Tour, this is any
information about REALTORR or office information or advertisement on the MLS
customer display.  First offense, written warning; second offense, $100.00;
third offense, the Designated REALTORR and the agent will appear before the
MLS Board of Directors and after review a fine of no less than $200.00 but
no more than $500.00 can be assessed.

  1.        For placing site agent information or any agent information
    

who is not a member of the St. Augustine & St. Johns County Multiple Listing
Service, Inc. on any listings including Exclusive right to sell listings,
1st offense, written warning; 2nd offense, $500.00; 3rd offense, $1000.00.

  1.     For failure to remove a property from multiple property types
    

after that property sells and closes.  Only one of the property types can be
closed.  The other property types must be withdrawn.  First offense, written
warning (copy to Participant); All subsequent offense(s) will be a fine of
$100.00.(03/12)

  1.        To relist, as a new listing, a withdrawn listing within 30
    

days of being placed as withdrawn.  1st offense, written warning; 2nd
offense $100; 3rd offense and thereafter $500.

Thank you,

Victor

Victor J. Raymos, RCE, CRS, ABR
AE-CEO St. Augustine & St Johns County Board of REALTORS

1789 Lakeside Avenue

St. Augustine, FL 32084
904-829-8738

ae@stjohnsrealtors.org

Hello Everyone, See below and attached for the changes to Section 9.1 of the Rules and Regulations of the St. Augustine & St. Johns County Multiple Listing Service as directed by the MLS Board of Directors. More specifically, see 9.1.2., 9.1.3., and 9.1.14. items in red for the changes. These changes are effective immediately. SECTION 9.1 - VIOLATIONS OF RULES AND REGULATIONS: If the alleged offense so a violation of the rules and regulations of the Service and does not involve a charge of alleged violation of one or more of the provisions of Section 16 of the rules and regulations or a request for arbitration, it may be administratively considered and determined by the Board of Directors of the MLS and if a violation is determined, the Board of Directors may direct the imposition of sanction provided that the recipient of such sanction may request a hearing by the Professional Standards Committee of the Board in accordance with the bylaws of the Board of REALTORSR. Alleged violations of Section 16 of the rules and regulations shall be referred to the Board's Grievance Committee for processing in accordance with the professional Standards procedures of the Board/Association. (Amended 2/98) If, rather than conducting an administrative review, the MLS has a procedure established to conduct hearings, any appeal of the decision of the hearing tribunal may be appealed to the board of directors of the MLS within twenty (20) days of the tribunal's decision. Alleged violations involving unethical conduct shall be referred to the professional standards committee of the association of REALTORSR for processing in accordance with the professional standards procedures of the association. If the charge alleges a refusal to arbitrate, such charge shall be referred directly to the board of directors of the association of REALTORSR. Sanctions (fines) for violations of the MLS Rules and Regulations shall be as follows: 1. For filing/adding a late listing (within 2 /business days) first offense, written warning; second offense, $25; third offense, $50; fourth offense and thereafter, $100.(01/11) 2. For failing to file certification by the seller, within 1 business day, that s/he does not desire the listing to be disseminated by the MLS (exempted listing), first offense, written warning; second offense, $100; third offense and thereafter, $500. This offense is RealtorR specific as opposed to property specific. 3. For failure to provide copies of documents within 48 hours (two (2) business days) when requested by MLS Department. First offense, written warning; second office, $25. Additional charge of $50 if not provided within ten working days. 4. For failure to report Withdrawn, Pending or Closed Sale (within 1 business day) first offense, written warning; second offense, $25; third offense, $50; fourth offense and thereafter, $100.(01/11) 5. For incorrect information in required fields per listing (example, the PID number, legal, owner name (some examples which are not acceptable are "of record", "on file", "call LO" and "lengthy"), false reporting of the selling office, etc.) first offense, written warning; second offense and thereafter, $100.00. 6. For failure to disclose Exclusive Agency Listings, Variable or Dual Rate Commission Arrangements and Contingency Listings, first offense, $250.00second offense, $500.00 and thereafter $1000.00. (12/00) 7. MLS Comparable book in the possession of a non-subscriber or sharing of computer password with anyone, first offense, warning; second offense, $100. 8. An office suspended from MLS for non payment of MLS statement shall be assessed $100. An office suspended from MLS for non payment of MLS statements twice within one year, shall be assessed $325. 9. For submission of a check for payment which is returned "insufficient funds" a $30.00 processing fee.(12/00) 10. For failure to include a photograph with a residential (single family home, condominium, or mobile home) and vacant land listing placed in the Multiple Listing Service, Inc. First offense, After 15 days without a photo, written warning. On the 30th day, the Broker will be assessed a $25.00 per month service fee per listing without a photo. 11 For inserting a Personal Marketing Virtual Tour, this is any information about REALTORR or office information or advertisement on the MLS customer display. First offense, written warning; second offense, $100.00; third offense, the Designated REALTORR and the agent will appear before the MLS Board of Directors and after review a fine of no less than $200.00 but no more than $500.00 can be assessed. 12. For placing site agent information or any agent information who is not a member of the St. Augustine & St. Johns County Multiple Listing Service, Inc. on any listings including Exclusive right to sell listings, 1st offense, written warning; 2nd offense, $500.00; 3rd offense, $1000.00. 13. For failure to remove a property from multiple property types after that property sells and closes. Only one of the property types can be closed. The other property types must be withdrawn. First offense, written warning (copy to Participant); All subsequent offense(s) will be a fine of $100.00.(03/12) 14. To relist, as a new listing, a withdrawn listing within 30 days of being placed as withdrawn. 1st offense, written warning; 2nd offense $100; 3rd offense and thereafter $500. Thank you, Victor Victor J. Raymos, RCE, CRS, ABR AE-CEO St. Augustine & St Johns County Board of REALTORS 1789 Lakeside Avenue St. Augustine, FL 32084 904-829-8738 ae@stjohnsrealtors.org