Summary of 2017 MLS Changes

This summary highlights changes in MLS policy adopted in 2016 that became effective January 2017. For the complete and comprehensive changes see the 2017 Multiple Listing Issues and Policy Committee Actions. Also review the shaded portions of the 2017 Handbook on Multiple Listing Policy which highlights all the changes.

Previous years' changes to MLS policy and Model MLS rules and regulations can be viewed here.

Underscoring indicates additions and strikeouts indicate deletions in this summary. Also, at the end of each policy change, the compliance classification category is noted by the following letters:

M         Mandatory*

R          Recommended

O         Optional

I           Informational

*Adoption is necessary to ensure compliance with mandatory policies and ensure coverage under the National Association master professional liability insurance policy.

One Multiple Listing Policy Statement Amended (Underscoring indicates additions and strikeouts indicate deletions):

• MLS Policy Statement 7.85, Ownership of Listing and Listing Content is amended as follows:

The listing broker owns the listing agreement. Prior to submitting a listing to the MLS, the listing broker should own, or have the authority to cause license all listing content (e.g., photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information, and other details or information related to listed property) to be published in the MLS compilation of listing information.

Use of listings and listing information by MLSs for purposes other than the defined purposes of MLS requires participants’ consent. Such consent cannot be required as a condition of obtaining or maintaining MLS participatory rights. MLSs may presume such consent provided that listing brokers are given adequate prior notice of any intended use unrelated to the defined purpose of MLS, and given the opportunity to affirmatively withhold consent for that use.

Participants cannot be required to transfer any ownership rights (including intellectual property rights) in their listings or listing content to MLS to obtain or maintain participatory rights except that MLSs may require participants to consent to grant the licenses necessary for storage, reproduction, compiling, and distribution of listings and listing information to the extent necessary to fulfill the defined purposes of MLS. MLSs may also require participants to warrant that they have the rights in submitted information necessary to grant these rights to MLS. M

One paragraph changes in the Model MLS Rules and Regulations (all types) (underscoring indicates additions and strikeouts indicate deletions)

• Section 11, Ownership of MLS Compilation and Copyright

By the act of submitting any property listing content to the MLS, the participant represents that he has been authorized to grant license and also thereby does grant license authority for the MLS to include the property listing content in its copyrighted MLS compilation and also in any statistical report on comparables. Listing content includes, but is not limited to, photographs, images, graphics, audio and video recordings, virtual tours, drawings, descriptions, remarks, narratives, pricing information, and other details or information related to the listed property. M

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