What's changing with the Rules of Cooperation on Oct 17?

Tuesday, September 20, 2022

The Rules of Cooperation are changing to make a seller’s instruction to delay the presentation of offers an irrevocable instruction effective October 17, 2022.

Here's a comparison between the old rules and the new rules. You can also review these changes in a PDF.

Existing Rules March 2020
(deletions are ~~struck out~~)

New Rules Effective October 17, 2022
(additions are underlined)

Section 1 – DEFINITIONS

In these Rules of Cooperation:

“Assessment” means assessments, listing or sale charges or other fees payable to the Board, as established from time to time by the Board;

“Board” means the Chilliwack & District Real Estate Board, Fraser Valley Real Estate Board or Real Estate Board of Greater Vancouver, as the context requires;

“Cooperating Brokerage” means an individual, firm or corporation that is licensed as a brokerage under the Real Estate Services Act acting for a prospective buyer or, with a written consent of the seller, acting as a sub-agent of the Listing Brokerage;

“Internet Remarks” means the free form description of the property submitted by the Listing Brokerage, with the intended audience being the public on the Internet. Where separate Internet Remarks are not submitted by the Listing Brokerage, the Public Remarks automatically appear in the Internet description;

“Listing Brokerage” means an individual, firm or corporation that is licensed as a brokerage under the Real Estate Services Act authorized by the seller to list a property;

“Member” means a member of the Board;

“MLS®” means the Multiple Listing Service® System of the Board;

“MLS® Link Boards” means the Fraser Valley Real Estate Board and Real Estate Board of Greater Vancouver;

“MLS® Reciprocity” means the facility for MLS® Reciprocity Participants to show active MLS® Reciprocity Data on their MLS® Reciprocity Internet Website.

“Public Remarks” means the free form description of the property submitted by the Listing Brokerage, with the intended audience being Members and the public;

“REALTOR® Remarks” means comments submitted by the Listing Brokerage with an intended audience of Members only.

Except where the context requires otherwise, any reference in these Rules of Cooperation to a seller shall include an owner, landlord, or lessor, any reference to a buyer shall include a tenant or lessee, any reference to a listing agreement shall include a listing of property for rent, any reference to an offer to purchase shall include an offer to rent or lease, any reference to a sale or Contract of Purchase and Sale shall include a rental or tenancy agreement or lease, and any reference to completion of a sale shall include commencement of a tenancy or lease.

In these Rules of Cooperation:

“Assessment” means assessments, listing or sale charges or other fees payable to the Board, as established from time to time by the Board;

“Board” means the Chilliwack & District Real Estate Board, Fraser Valley Real Estate Board or Real Estate Board of Greater Vancouver, as the context requires;

“Listing Brokerage” means an individual, firm or corporation that is licensed as a brokerage under the Real Estate Services Act authorized by the seller to list a property;

“Member” means a member of the Board;

“MLS®” means the Multiple Listing Service® System of the Board;

“MLS® Link Boards” means the Fraser Valley Real Estate Board and Real Estate Board of Greater Vancouver;

“MLS® Reciprocity” means the facility for MLS® Reciprocity Participants to show active MLS® Reciprocity Data on their MLS® Reciprocity Internet Website.

“Public Remarks” means the free form description of the property submitted by the Listing Brokerage, with the intended audience being Members and the public;

“REALTOR® Remarks” means comments submitted by the Listing Brokerage with an intended audience of Members only.

SECTION 2 – COMPLIANCE

The By-laws of the Board, including the Code of Ethics and Standards of Business Practice, apply to all transactions and activities. The Rules of Cooperation are enforceable under the By-laws of the Board.

Failure to comply with any of the Rules of Cooperation renders the offending Member liable to discipline under the Board’s By-laws and may result in the suspension of MLS® privileges.

Should any Member have any complaint or criticism about another Member concerning any transactions or activities connected with the MLS® System, such complaint or criticism must be made to the management of the office of that other Member, and where the matter of the complaint or criticism is not settled to the satisfaction of all concerned, then such complaint or criticism shall be made in writing addressed to the Executive Officer of the Board of that other Member.

All listings submitted to the MLS® System are subject to current policies and procedures of the MLS® System, as published and circulated from time to time by the Board. Members are obligated to keep currently informed of these policies and procedures.

In order to be placed on the Board’s MLS® System, a listing must comply with CREA’s Rules and Regulations, including the Three Pillars of the MLS® Mark and the Interpretations as approved by the CREA General Assembly. The Three Pillars of the MLS® Mark are as follows:

Membership: Only licensed Members (REALTORS®) may place a listing on a Board/Association’s MLS® System;

Agency: A listing Member must act as agent for the seller to post, amend or remove a property listing in a Board’s MLS® System. The nature of any additional services to be provided by the listing Member to the seller is determined by agreement between the listing Member and the seller;

Compensation: The listing Member agrees to pay to the cooperating Member compensation for the cooperative selling of the property. An offer of compensation of zero is not acceptable.

Members shall not accept instructions from a client that contradict or override the requirements of the MLS® System or the Rules of Cooperation, except as expressly permitted within these Rules of Cooperation . Failure to comply with any of the Rules of Cooperation renders the offending Member liable to discipline under the Board’s By-laws and may result in the suspension of MLS® privileges.

Membership: Only licensed Members (REALTORS®) may place a listing on a Board/Association’s MLS® System;

Compensation: The listing Member agrees to pay to the cooperating Member compensation for the cooperative selling of the property. An offer of compensation of zero is not acceptable.

SECTION 3 – LISTINGS

3.01 Jurisdiction of MLS® System

MLS® listings when taken come under the jurisdiction of the MLS® System as of the effective date of the listing. The responsibility for the information therein and the servicing thereof remains with the Listing Brokerage.

3.02 Assessments

Assessments may be established by the Board from time to time. Such Assessments, if applicable, shall be charged to the Listing Brokerage unless payment is received in advance.

3.03 Standard MLS® Listing Contract

All listings shall be contracted for on the appropriate standard MLS®Listing Contract of the Board which may not be altered or amended except as provided herein, and shall be complete in every detail.

An MLS® listing where the standard form MLS® Listing Contract has been altered will not be acceptable on the MLS® System except where the seller has crossed out and initialed specific provisions as follows:

(a) MLS® Listing Contract

· restriction of advertising of the property to the Listing Brokerage only

· placement of “For Sale” and “Sold” signs on the property

(b) Authority to Lease Contract

· placement of “For Lease” and “Leased” signs on the property

3.01 Jurisdiction of MLS® System

3.02 Assessments

Assessments may be established by the Board from time to time. Such Assessments, if applicable, shall be charged to the Listing Brokerage unless payment is received in advance.

3.03 Standard MLS® Listing Contract

(a) MLS® Listing Contract

· restriction of advertising of the property to the Listing Brokerage only

· placement of “For Sale” and “Sold” signs on the property

(b) Authority to Lease Contract

· placement of “For Lease” and “Leased” signs on the property

3.04 Co-Listings

An MLS®Listing Contract must be signed by ONE Listing Brokerage only, and instructions or changes to the listing will be accepted by the MLS® Department only from that Listing Brokerage.

3.05 Contact Information in Remarks

Contact information including but not limited to names, phone numbers, email addresses and web addresses may not appear in the Public or Internet Remarks of a listing. The REALTOR® Remarks may include the name, address, telephone and/or facsimile number and/or email address of the Listing Brokerage and Members or other individuals, including the seller where the seller has directed the Listing Brokerage in writing to do so, to be contacted for more information concerning the property.

The Listing Brokerage or Member may include a direction in the Public or Internet Remarks of a listing to visit the Listing Brokerage’s or Member’s website to obtain additional information about the listing, but the nature of such additional information shall not be specified. The promotion of REALTORS® or properties not currently on the MLS® System is not otherwise permitted in free form fields.

3.06 Accuracy of Listing Information

It is the responsibility of every Member to provide to other Members clear, accurate and factual information concerning any listing by such Member.

Without limiting the generality of the foregoing:

(a) Members are not permitted to copy from a previous listing of another Member; and

(b) Members shall declare within the REALTOR® Remarks the source of measurements referenced in the listing.

IT SHALL BE THE RESPONSIBILITY OF THE LISTING BROKERAGE TO CHECK ALL LISTINGS AND AMENDMENTS OF LISTINGS AFTER THEY HAVE BEEN PUBLISHED BY THE MLS® SYSTEM AND TO ENSURE THEIR COMPLETE ACCURACY, INCLUDING COMMISSION PAYABLE TO A COOPERATING BROKERAGE.

3.04 Co-Listings

An MLS®Listing Contract must be signed by ONE Listing Brokerage only, and instructions or changes to the listing will be accepted by the MLS® Department only from that Listing Brokerage.

3.05 Contact Information in Remarks

3.06 Accuracy of Listing Information

It is the responsibility of every Member to provide to other Members clear, accurate and factual information concerning any listing by such Member.

Without limiting the generality of the foregoing:

(a) Members are not permitted to copy from a previous listing of another Member, except as expressly permitted under Section 3.25 [Photographs, Pictures and Sketches] of these Rules of Cooperation; and

(b) Members shall declare within the REALTOR® Remarks the source of measurements referenced in the listing.

3.07 Property Disclosure Statement

In the case of a residential listing contract, the Listing Brokerage must state that the seller has either completed and signed the appropriate Property Disclosure Statement, or does not wish to or is unable to do so.

3.08 Signing Authority

It is the responsibility of the Listing Brokerage to ensure that appropriate signatures are obtained on all documentation processed within the MLS® System.

In general, only listings signed by the registered owners will be acceptable on the MLS® System. Certain listings from other than registered owners may be processed by the MLS® Department, however, full disclosure of all pertinent details is required together with all supporting documentation. Such listings may include: entered Court Orders, registered Options, registered Rights to Purchase, or registered Agreements for Sale.

All listing contracts and any other MLS® forms involving the alteration of any material terms of the contract must contain:

(a) the names and signatures of all registered owners. A legal Power of Attorney is acceptable in lieu of a signature, but a copy of the Power of Attorney must be filed with the MLS® Department;

(b) in the case of a corporate owner, the signature of a duly authorized signatory, specifying the capacity in which each such person signed;

(c) in the case of an estate, the signature of an executor or administrator, together with a copy of Letters Probate, or Letters of Administration confirming the authority;

(d) in the case of properties under the jurisdiction of a Receiver-Manager or Public Trustee, a properly authorized signature together with confirmation of appointment as may be required by the MLS® Department;

(e) in the case of a court ordered sale, the signature of a person authorized under Section 3.28 of these Rules of Cooperation.

3.09 Minimum Listing Period

MLS® Listing Contracts shall be for a period of NOT less than 60 days and shall bear a definite effective and final termination date. The Listing Brokerage, however, shall have the right to extend the final termination date of the contract.

3.10 Deadline for Submission of Listings

Listings for data entry by the MLS® Department must be delivered to the Board within three (3) calendar days (excluding statutory holidays) after the effective date of the listing, otherwise the listing shall be deemed late and the Member may be required to resubmit the listing with a current effective date. “Listings” include documentation as required by the Board.

Listing Brokerage loaded listings must be entered within three (3) calendar days (excluding statutory holidays) after the effective date of the listing, otherwise the listing shall be deemed late. Documentation as required by the Board must be delivered to the Board office in accordance with Rule 3.11.

3.07 Property Disclosure Statement

Unless otherwise instructed by the seller in writing, a Listing Brokerage shall, upon request from a Cooperating Brokerage, provide a copy of the Property Disclosure Statement to the Cooperating Brokerage for its use. A copy of the Property Disclosure Statement posted to the MLS® System would satisfy the Listing Brokerage’s obligation under this Rule.

3.08 Signing Authority

It is the responsibility of the Listing Brokerage to ensure that appropriate signatures are obtained on all documentation processed within the MLS® System.

All listing contracts and any other MLS® forms involving the alteration of any material terms of the contract must contain:

(a) the names and signatures of all registered owners. A legal Power of Attorney is acceptable in lieu of a signature, but a copy of the Power of Attorney must be filed with the MLS® Department;

(b) in the case of a corporate owner, the signature of a duly authorized signatory, specifying the capacity in which each such person signed;

(c) in the case of an estate, the signature of an executor or administrator, together with a copy of Letters Probate, or Letters of Administration confirming the authority;

(e) in the case of a court ordered sale, the signature of a person authorized under Section 3.28 of these Rules of Cooperation.

3.09 Minimum Listing Period

3.10 Deadline for Submission of Listings

3.11 Listing Documentation

Documentation required ~~by the Board~~ for listings ~~for data entry by the MLS® Department~~ shall include the standard form MLS® Listing Contract, including Schedule “A” describing the real estate services to be provided, ~~any~~ Direction Regarding Presentation of Offers form ~~and the data input form~~.

In general, for all Listing Brokerage loaded listings, documentation including but not limited to the listing contract and data input forms must be submitted to the Board by the Listing Brokerage within one (1) business day after entry or the listing will be deleted from the MLS® System.

For the Fraser Valley Real Estate Board and Real Estate Board of Greater Vancouver, documentation will not be required for Listing Brokerage loaded listings; however, listings selected at random will be required to provide documentation.

The Privacy Notice and Consent form shall be provided to every seller and a signed receipt retained on file in the office of the Listing Brokerage, as evidence of the Listing Brokerage’s efforts to comply with the Personal Information Protection Act. Where the seller refuses to sign, a notation to that effect, including the date the form was provided to the seller and by whom, shall be retained on file in the office of the Listing Brokerage. The Listing Brokerage shall produce any such documentation upon request by the Board. -- see also 6.06 Privacy-Protected Listings

3.11 Listing Documentation

Documentation required for listings on the MLS® System shall include the standard form MLS® Listing Contract or Authority to Lease – Commercial Contract, including Schedule “A” describing the real estate services to be provided, and any completed Irrevocable Direction Regarding Presentation of Offers form. In the case of strata MLS® listings, documentation shall also include one of the following, in accordance with Section 6.04 [Strata Properties] of these Rules of Cooperation:

(a) proof that the strata documents defined in Section 6.04(a) have been ordered or received; or

(b) a copy of the Seller’s written instructions to the Listing Brokerage as set out in Section 6.04(c).

Where a listing is to be entered onto the MLS® System by Board staff, all of the required documentation as noted above AND the data input form must be submitted to the Board.

Where a listing is entered onto the MLS® System by the Listing Brokerage, listing documentation must not be sent to the Board unless specifically requested by the Board, in which case all requested documentation must be provided within one (1) business day.

3.12 Consent to Post Documents to the MLS® System

All Members are responsible for ensuring that prior to posting any documents to the MLS® System, they have secured all the necessary consents to that information being posted.

Without limiting the generality of the foregoing:

(a) ~~Unless otherwise instructed by the seller in writing,~~ a copy of the basic title search must be posted ~~by the Member~~ to the MLS® System as an associated document within 24 hours of the listing becoming active on the MLS® System. ~~A copy of the seller’s written direction must be provided to the Board upon request.~~ -- see also 3.26 Title Searches; and

(b) unless otherwise instructed by the seller in writing, a copy of the registered strata plan must be posted by the ~~Member~~ to the MLS® System as an associated document within 24 hours of the listing becoming active on the MLS® System. A copy of the seller’s written direction must be ~~provided to the Board upon request.~~ -- see also 6.04 Strata Properties

3.12 Consent to Post Documents to the MLS® System

All Members are responsible for ensuring that prior to posting any documents to the MLS® System, they have secured all the necessary consents to that information being posted.

Without limiting the generality of the foregoing, and unless otherwise instructed by the seller in writing:

(a) a copy of the basic title search, or other documentation necessary to confirm ownership, must be posted by the Listing Brokerage to the MLS® System as an associated document within 24 hours of the listing becoming active on the MLS® System. -- see also 3.26 [Title Searches]; and

(b) a copy of the registered strata plan must be posted by the Listing Brokerage to the MLS® System as an associated document within 24 hours of the listing becoming active on the MLS® System. -- see also 6.04 [Strata Properties]

Where written instructions have been received from the seller not to post the required document(s) under (a) or (b) above, a copy of the seller’s written direction must be posted by the Listing Brokerage to the MLS® System as an associated document within 24 hours of the listing becoming active on the MLS® System.

3.13 Manager Approval of Listing Brokerage Loaded Listings

Listing Brokerage loaded listings must, prior to entry, be approved by the manager of the Listing Brokerage’s office where the listing originated.

3.14 Review of Listing Brokerage Loaded Listings

All Listing Brokerage loaded listings will be subject to review by the MLS® Department to ensure complete and accurate listing information, to preserve the integrity of the system. The Board reserves the right to request documentation from the Listing Brokerage, and the Listing Brokerage shall produce requested documentation within one (1) business day of the request.

3.15 Corrections to Listing Brokerage Loaded Listings

If a Listing Brokerage loaded MLS® listing is found to be in contravention of the Rules of Cooperation, a correction must be made within one (1) day after notification. In addition to other consequences that might apply, failure to correct the listing may result in the listing being removed from the MLS® System.

3.13 Manager Approval of Listing Brokerage Loaded Listings

Listing Brokerage loaded listings must, prior to entry, be approved by the manager of the Listing Brokerage’s office where the listing originated.

3.14 Review of Listing Brokerage Loaded Listings

3.15 Corrections to Listing Brokerage Loaded Listings

3.16 Changes to Listing Information

(a) Any change in the MLS® listing information on the listing contract must be on the appropriate form of the MLS® System and delivered to the Board or where permitted, Listing Brokerage loaded within two (2) calendar days after the Listing Brokerage has received the change in writing, signed by the seller(s).

(i) An extension of the MLS® Listing Contract must be on the appropriate form, signed by the seller(s) prior to the expiry date of the listing and delivered to the Board not later than two (2) calendar days after the expiry date shown on the listing.

(ii) Changes to the information on the data input form may be communicated to the MLS® Department in writing, at the discretion of the MLS® Department.

(b) Any changes to MLS® listing information must be communicated in writing by the Listing Brokerage to any Cooperating Brokerage or potential buyer that shows interest in the property, from the time the change was made and until such change has been published on the MLS® System and such period of time thereafter as is reasonable in the circumstances.

(c) Members are not permitted to delete information from the listing for the sole purpose of making such information not available in the MLS® System for future reference. This includes, but is not limited to, photos, brochures, remarks, measurements, and data.

3.16 Changes to Listing Information

(ii) Changes to the information on the data input form may be communicated to the MLS® Department in writing, at the discretion of the MLS® Department.

3.17 Change of Listing Brokerage

In order for the MLS® Department to process a change in Listing Brokerage, the Transfer of Listing form must be completed and signed by the Member-Link of the original Listing Brokerage and of the new Listing Brokerage and by the seller(s).

3.18 Cancellation of Listing

~~The~~ cancellation of an MLS® listing will be processed by the MLS® Department upon the written request of the Listing Brokerage, in a form acceptable to MLS® Department, under the terms agreed to by all the contracting parties.

The cancellation of an MLS® listing may not be Listing Brokerage loaded.

Where an MLS® listing has been cancelled by the submission to the MLS® Department of a Cancellation Form, the MLS® Department will accept a new listing for the property with another Listing Brokerage during the Cancellation Period set out on the Cancellation Form (“Cancellation Period”) provided that the MLS® Department receives a letter signed by the seller(s) and the manager or managing broker of the new Listing Brokerage stating that the seller(s) understands, acknowledges and accepts that by signing the new listing contract within the Cancellation Period, the seller(s) agrees to pay commission under both the original listing contract and the new listing contract if an offer for sale is accepted or the property is sold during the Cancellation Period.

3.19 Change of Property Type

A change of property type (i.e. from “Residential” to “Land Only”) will be accepted by the MLS® Department when the new data input form is submitted. The seller’s signature is not required. The original listing will be cancelled and the listing re-entered based on the new data input form.

3.20 Contingent Listings

Contingent listings will be accepted on the MLS® System when such contingency is stated in the listing contract and noted in the REALTOR® Remarks, with the exception of contingencies that reference commission, in which case the contingency must be stated in the listing contract and in the commission field. The responsibility for submitting details of a contingency or unusual condition on any listing shall be the responsibility of the Listing Brokerage.

3.21 Seller’s Rights Reserved

Where the seller has reserved the right to sell the property themselves that fact shall be stated in the listing contract and noted in the REALTOR® Remarks.

3.22 Member Access to Listed Properties

Access to listings on the MLS® System shall be made available to all Members subject to these Rules of Cooperation.

(a) A new listing that cannot be shown for a defined period of up to five (5) calendar days from the effective date of the listing will be accepted as a contingent listing, and such contingency, including the specific date on which showings will be accommodated, must be stated on the Schedule “A” and noted in the REALTOR® Remarks. A new listing that cannot be shown for an undefined period or a period that exceeds five (5) calendar days from the effective date of the listing will not be acceptable for listing on the MLS® System, and the Listing Brokerage will be advised accordingly.

(b) If an existing listing cannot be shown for a defined period of up to five (5) calendar days, the listing will be considered a contingent listing and the details of the contingency must be added to the REALTOR® Remarks by either the Listing Brokerage or the MLS® Department. An existing listing that cannot be shown for an undefined period or a period that exceeds five (5) calendar days cannot be active on the MLS® System, and a Hold Action not exceeding fourteen (14) calendar days or cancellation instruction must be submitted in the appropriate form. Failure by the Listing Brokerage to submit the appropriate documentation will result in the listing being removed from “Active” status and placed in “Cancelled” status, and cancel protected until the expiry date of the listing.

(c) In the event the Listing Brokerage receives a written offer during a “no show” period, the Listing Brokerage shall, prior to presenting the offer, inform all Cooperating Brokerages that have requested a viewing appointment, or who have requested in writing to be kept informed about offers, that an offer is scheduled for presentation.

3.23 Business Listings

All business listings submitted to the MLS® System must show a current place of business, the address and business name of which will be suppressed by the MLS® Department upon the written request of the Listing Brokerage.

3.24 Unauthorized Accommodation and/or Use

(a) Listings of property containing “unauthorized suites” will be acceptable on the MLS® System when noted in the REALTOR® Remarks that “PROPERTY CONTAINS ACCOMMODATION WHICH IS NOT AUTHORIZED.”

(b) Listings of property where there is an unauthorized use will be acceptable on the MLS® System when noted in the REALTOR® Remarks that “PROPERTY HAS A USE THAT IS NOT AUTHORIZED”.

3.17 Change of Listing Brokerage

3.18 Cancellation of Listing

Except where prohibited under Section 4.02(c) of these Rules of Cooperation, the cancellation of an MLS® listing will be processed by the MLS® Department upon the written request of the Listing Brokerage, in a form acceptable to the MLS® Department, under the terms agreed to by all the contracting parties.

The cancellation of an MLS® listing may not be Listing Brokerage loaded.

3.19 Change of Property Type

3.20 Contingent Listings

3.21 Seller’s Rights Reserved

Where the seller has reserved the right to sell the property themselves that fact shall be stated in the listing contract and noted in the REALTOR® Remarks.

3.22 Member Access to Listed Properties

Access to listings on the MLS® System shall be made available to all Members subject to these Rules of Cooperation.

(a) A new listing that cannot be shown for a defined period of up to five (5) calendar days from the effective date of the listing will be accepted as a contingent listing, and such contingency, including the specific date on which showings will be accommodated, must be stated on the Schedule “A” and noted in the REALTOR® Remarks. Any such written direction by a seller to delay showings must be complied with by the Listing Brokerage. A new listing that cannot be shown for an undefined period or a period that exceeds five (5) calendar days from the effective date of the listing will not be acceptable for listing on the MLS® System, and the Listing Brokerage will be advised accordingly.

(b) If an existing listing cannot be shown for a defined period of up to five (5) calendar days, the listing will be considered a contingent listing and the details of the contingency, including the specific date on which showings will be accommodated, must be in writing on an Amendment of Multiple Listing Contract form signed by the seller and must be added to the REALTOR® Remarks by either the Listing Brokerage or the MLS® Department. Any such written direction by a seller to delay showings must be complied with by the Listing Brokerage. An existing listing that cannot be shown for an undefined period or a period that exceeds five (5) calendar days cannot be active on the MLS® System, and a Hold Action not exceeding fourteen (14) calendar days or cancellation instruction must be submitted in the appropriate form. Failure by the Listing Brokerage to submit the appropriate documentation will result in the listing being removed from “Active” status and placed in “Cancelled” status, and cancel protected until the expiry date of the listing.

(c) Unless there is an irrevocable direction by a seller to delay presentation of offers, in the event the Listing Brokerage receives a written offer during a “no show” period, the Listing Brokerage shall, prior to presenting the offer, inform all Cooperating Brokerages that have requested a viewing appointment, or who have requested in writing to be kept informed about offers, that an offer is scheduled for presentation.

3.23 Business Listings

3.24 Unauthorized Accommodation and/or Use

(b) Listings of property where there is an unauthorized use will be acceptable on the MLS® System when noted in the REALTOR® Remarks that “PROPERTY HAS A USE THAT IS NOT AUTHORIZED”.

3.25 Photographs, Pictures and Sketches

Images that are provided to the Board in respect of an MLS® listing shall become the property of the Board and may be used by the Board at its discretion. Only MLS® Department-approved watermarks may appear on images. The display of a child’s image on an MLS® listing is prohibited. The Board reserves the right to remove images which in the opinion of the Board are inappropriate.

A minimum of one photo related to the property must be provided for each listing within 24 hours of the listing becoming active on the MLS® System.

Other than the front exterior photo, additional listing photos shall not be used in future listings without the consent of the originating Brokerage.

Images that contain information that is considered to be promotion of a Member will not be permitted. ‘For Sale’ and ‘Sold’ signs are not permitted in photos.

Images are to relate only to the real property for sale. No comments or additional information will be permitted to be placed on the image.

3.25 Photographs, Pictures and Sketches

A minimum of one photo related to the property must be provided for each listing within 24 hours of the listing becoming active on the MLS® System.

Other than the front exterior photo, additional listing photos shall not be used in future listings without the consent of the originating Brokerage.

Images that contain information that is considered to be promotion of a Member will not be permitted. ‘For Sale’ and ‘Sold’ signs are not permitted in photos.

Images are to relate only to the real property for sale. No comments or additional information will be permitted to be placed on the image.

3.26 Title Searches

In order to confirm registered ownership of the property, except where the title search is provided by the Board, the Member must conduct a basic title search prior to, or at the time of taking a listing. A search must be conducted on all listings of property for sale submitted to the MLS® System except business-without-land listings~~, manufactured home listings and except where title to land consists of shares of a co-operative or time share.~~

Unless otherwise instructed by the seller in writing, a copy of the basic title search must be posted by the Member to the MLS® System as an associated document within 24 hours of the listing becoming active on the MLS® System. ~~A copy of the seller’s written direction must be provided to the Board upon request.~~ -- see also 3.12 Consent to Post Documents to the MLS® System

3.26 Title Searches

In order to confirm registered ownership of the property, except where the title search is provided by the Board, the Member must conduct a basic title search, or other search necessary to confirm ownership, prior to, or at the time of taking a listing. A search must be conducted on all listings of property for sale submitted to the MLS® System except business-without-land listings.

Unless otherwise instructed by the seller in writing, a copy of the basic title search, or other documentation necessary to confirm ownership, must be posted by the Member to the MLS® System as an associated document within 24 hours of the listing becoming active on the MLS® System. Where written instructions have been received from the seller not to post the required document(s), a copy of the seller’s written direction must be posted by the Member to the MLS® System as an associated document within 24 hours of the listing becoming active on the MLS® System. -- see also 3.12 [Consent to Post Documents to the MLS® System]

3.27 Assignment of Contract of Purchase and Sale

An Assignment of Contract of Purchase and Sale will be acceptable for listing on the MLS® System where the following conditions are met:

(a) the name of the buyer of the property must show as the seller’s name at the top of the MLS® Listing Contract;

(b) REALTOR® Remarks must include “Assignment of Contract”; and

(c) listing documentation must include a letter or other documentation from the original seller giving the buyer permission to list the property for sale prior to completion of the original transaction.

3.27 Assignment of Contract of Purchase and Sale

An Assignment of Contract of Purchase and Sale will be acceptable for listing on the MLS® System where the following conditions are met:

(a) the name of the buyer of the property must show as the seller’s name at the top of the MLS® Listing Contract;

(b) REALTOR® Remarks must include “Assignment of Contract”; and

3.28 Court Ordered Sales

A listing of property under Court Ordered Sale will be acceptable for listing on the MLS® System under the following conditions:

(a) if currently listed with the MLS® System, the Court Order giving the exclusive right to list the property will take precedence;

(b) the listing contract is accompanied by a photocopy or certified copy of the entered Order Nisi of Foreclosure or other Order (the “Order”), giving a particular named party the exclusive right to list the property for sale, setting out the legal description of the property and authorizing the payment of commission; or if the Listing Brokerage obtains from the lawyer who obtained the Order, a letter which states the following:

(i) the date the lawyer obtained the Court Order;

(ii) that a copy of the Court Order giving the exclusive right to list the property has been submitted to the Registry for signature and entry;

(iii) confirmation that the Order has been drafted in the terms approved by the Judge; and

(iv) that upon entry of the Order, a copy of the entered Order will be sent to the Listing Brokerage who must then send a copy of the entered Order to the Board;

(c) the listing contract makes specific reference to any sale being “subject to the approval of The Supreme Court of British Columbia”;

(d) the party named in the Order or someone, other than the Listing Brokerage, acting on behalf of that party (e.g. an officer or solicitor) has signed the listing contract as “seller”;

(e) the Listing Brokerage may be required to provide the MLS® Department with a letter stating that the person or persons signing the listing contract has or have authority to do so and, where applicable, specifying the capacity in which each such person signed (e.g. President, Secretary); and

(f) the Order makes provision for showing the property to prospective buyers or otherwise makes satisfactory provision for the listing of the property on the MLS® System and for its sale subject to the approval of the Court.

3.29 Listings Taken in Trade

“Trade listings” shall be acceptable for listing on the MLS® System on the following basis:

(a) a copy of the Contract of Purchase and Sale must be provided, showing that it is a trade situation or a guaranteed purchase; or

(b) a copy of the State of Title Certificate, or Form A Freehold Transfer with details of acceptance for registration, must be provided showing that the property has been transferred into the name of the Member; and

(c) the property must be re-listed with the MLS® System for a minimum period of sixty (60) days following the date of registration or acceptance for registration; and

(d) where a property, which is currently listed with the MLS^®System, is accepted “in trade” on the purchase of another property, no sales charges will be levied provided that the Listing Brokerage does not receive a commission and the property is re-listed with the MLS® System for a minimum period of sixty (60) days.

3.30 Relocation Services and Corporate Guarantees

Listings or sales involving “corporate guarantees”, or on behalf of relocation services or other special “authorities to sell”, will be acceptable for listing on the MLS® System on the following basis:

(a) on receipt of a new listing contract or sales report with an acceptable explanation in writing from the Listing Brokerage, together with all supporting documentation; and

(b) the property must be re-listed with the MLS® System for a minimum period of sixty (60) days following the date of the change.

3.31 Right of First Refusal

The MLS® System will accept listings of properties where a party has been granted a “right of first refusal” to purchase the property, to be exercised within a specified time period, on the same terms and conditions as are acceptable to the seller, when such an offer is received from a prospective buyer. Such listings must meet the following conditions:

(a) a copy of the right of first refusal must be filed with the MLS® System;

(b) the listing contract must specify the existence of the right of first refusal;

(c) the seller must have agreed to pay the agreed upon commission on a sale, whether the right of first refusal is exercised or not; and

(d) if an offer is presented to and accepted by the seller, which offer is subject to a right of first refusal but is otherwise unconditional, and the party holding the “right” exercises the “right” accordingly, it is understood that the Listing Brokerage shall share the commission earned with the Cooperating Brokerage securing the offer, in the manner indicated on the listing contract.

3.32 Manufactured Homes/Modular Homes/Park Model Homes

Listing contracts covering manufactured, modular or park model homes shall be acceptable for listing on the MLS® System on the following basis:

(a) where the home is registered in the Manufactured Home Registry for British Columbia and where the manufactured home is situated in a recognized manufactured home park, affixed to a designated “pad” and the right to use that “pad” is transferable to a buyer upon entering into a satisfactory rental agreement with the operator of the manufactured home park:

(i) such listing contracts must state the Manufactured Home Registry number and CSA or BC Electrical Inspection label number; and

(ii) the amount of pad rental must be included on the Data Input Form; or

(b) where the home is affixed to land which is owned by the seller, other than land in a manufactured home park, and is duly registered in the Land Title Office or Indian Lands Registry and where both the land and the manufactured home thereon are included for sale in the listing, the legal description must be noted on the listing contract and:

(i) listing contracts for a manufactured home must state the Manufactured Home Registry number (unless deregistered) and CSA or BC Electrical Inspection label number;

(ii) listing contracts for a modular home must state the serial number and CSA or BC Electrical Inspection label number;

(iii) listing contracts for a park model home must state the serial number and CSA or BC Electrical Inspection label number; or

(c) where the home is affixed to land which is leased by the seller, other than land in a manufactured home park, and affords the right to a buyer to continue to reside at that location upon assuming the balance of the current lease and/or options or entering into a satisfactory lease agreement with the owner of the property:

(i) listing contracts for a manufactured home must state the Manufactured Home Registry number (unless deregistered) and CSA or BC Electrical Inspection label number;

(ii) listing contracts for a modular home must state the serial number and CSA or BC Electrical Inspection label number;

(iii) listing contracts for a park model home must state the serial number and CSA or BC Electrical Inspection label number.

3.33 Non-Registered Strata Properties

Listing contracts covering strata lots where the Strata Plan has not yet been registered at the Land Title Office will be acceptable for listing on the MLS® System if the strata lot can be satisfactorily identified by reference to a plan or sketch prepared by a named surveyor or architect and, if required, a Disclosure Statement has been filed with the Superintendent of Real Estate, on the understanding that as soon as available the MLS® Department will be supplied with the registration number of the Strata Plan and of the Strata Lot(s) comprising the listed strata properties.

In the case of a listing contract on less than five (5) strata lots on a Plan yet to be registered at the Land Title Office, where a Disclosure Statement is not presently required under the Real Estate Development and Marketing Act, the listing will be acceptable for listing on the MLS® System if the strata lots can be satisfactorily identified by reference to a plan or sketch prepared by a named surveyor or architect, on the understanding that as soon as available the MLS® Department will be supplied with the number of the Strata Plan and of the Strata Lot(s) created by it as registered at the Land Title Office.

Listings of these properties must state in the REALTOR® Remarks “Non-registered Strata Property – contact L.R.”

A notation must be included in the listing contract requiring that the Cooperating Brokerage be made aware that the sale cannot be completed until the Strata Plan has been registered; and the completion date must be scheduled accordingly.

3.34 Building Lots

Where a builder has entered into an agreement with a seller to purchase one or more lots and wishes to list or re-list such lot or lots, including a building contract, such listings will be processed under the following conditions:

(a) where the original listing is a Multiple Listing, a sales report is filed with the MLS® Department and the sale published;

(b) a copy of the Contract of Purchase and Sale (or other sale agreement) is attached and the contract includes, as a condition of the purchase (or by separate witnessed document), authorization by the seller to allow the builder to offer the lot or lots with a building contract for sale prior to the completion of the particular purchase; and

(c) the Member agrees to remit to the Board, when due, the MLS® sales charges (where applicable) on the original sale to the builder.

(NOTE: If for some reason the original transaction fails to complete, the MLS® Department must be notified immediately and the appropriate documentation filed.)

3.35 Building Contracts

Listings of lots that are to be sold together with a building contract will be acceptable for listing on the MLS® System under the following conditions:

(a) the vacant property being listed must be a properly registered, subdivided lot with a complete legal description and where available a street address;

(b) the list price of the said lot must be clearly indicated on the listing form if the lot may be sold separately;

(d) complete details must be submitted in respect to zoning and services available to the subject lot;

(e) the MLS® Assessments (where applicable) are payable on the completion of conveyance;

(f) where a builder holds an interest by way of a Contract of Purchase and Sale (or other sale agreement), the builder may sign the listing contract as “seller” and a copy of that Contract of Purchase and Sale (or other sale agreement) must accompany the listing, which must specifically disclose the nature of the interest held; and

(g) listing documentation must include a letter or other documentation from the original seller giving the buyer permission to list the property for sale prior to completion of the original transaction.