Rules and Regulations of the CLICK HERE TO PRINT

Section 10.2 (Formerly10.1A) Access to Comparable and Statistical Information: Members of the Park City……………………………………………………………………………………………………………………… 25

Section 10.3 (Formerly 10.2D) Confidential Information………………………………………………………… 25

Section 11 – Ownership of MLS Compilation* and Copyright………………………………………………………. 25

Section 11.0………………………………………………………………………………………………………………….. 25

Section 11.1………………………………………………………………………………………………………………….. 26

Section 11.2 Display……………………………………………………………………………………………………….. 26

Section 12 – Use of Copyrighted MLS Compilation…………………………………………………………………….. 26

Section 12.0 Distribution…………………………………………………………………………………………………. 26

Section 12.1 Display……………………………………………………………………………………………………….. 26

Section 12.2 Reproduction……………………………………………………………………………………………….. 26

Section 13 – Use of MLS Information……………………………………………………………………………………… 27

Section 13.1 Limitations on Use of MLS Information………………………………………………………………. 27

Section 13.2 (Formerly 13.A) Notice of Use of MLS Information……………………………………………….. 27

Section 14 – Changes in Rules and Regulations…………………………………………………………………………. 28

Section 17 – Orientation and Other Policies…………………………………………………………………………….. 28

Section 18 – Internet Data Exchange (IDX)……………………………………………………………………………….. 28

Section 18.0 IDX Defined…………………………………………………………………………………………………. 28

Section 18.1, Authorization………………………………………………………………………………………………. 28

Section 18.2 Participation………………………………………………………………………………………………… 29

Section 18.3 Display (Optional, bi-lateral rules)…………………………………………………………………….. 30

Section 18.4 Service Fees and Charges………………………………………………………………………………… 33

Section 19 – Virtual Office Websites (VOWs)……………………………………………………………………………. 33

Section 19.1 VOW Defined………………………………………………………………………………………………. 33

Seller Opt-out Form…………………………………………………………………………………………………………… 36

Section 20 – Lock Box Requirements………………………………………………………………………………………. 39

Section 20.1 Lock Boxes and Lock Box Keys………………………………………………………………………….. 39

Section 20.2 Lock Box Availability and Use…………………………………………………………………………… 39

Access to MLS Listed Properties……………………………………………………………………………….. 39

Section 20.3 Lock Boxes Security Requirements (NAR MLS Policy Statement 7.31, Handbook Section H):

…………………………………………………………………………………………………………………………………. 40

Section 20.4 Terminations……………………………………………………………………………………………….. 42

Appendix I – Statuses…………………………………………………………………………………………………………. 43

Appendix II – Property Types and Sub-types……………………………………………………………………………. 47

Concessions Summary – Compensation offers moved off MLS (8/14/24)………………………………………… 51

What can I say? Where can I say it?……………………………………………………………………………………. 52

Rules and Regulations of the Park City Multiple Listing Service, Inc.

Effective February 15, 2025

The following Rules and Regulations of the Park City Multiple Listing Service, Inc. (“PCMLS” or “the Service”) were adopted by the PCMLS board of directors and approved by the Park City Board of REALTORS® (“PCBR”) board of directors to be in full force and effect as of July 30, 2024.

Preface

Section P.1.0 – Definition of the MLS

A multiple listing service is:

a facility for the orderly correlation and dissemination of listing information so Participants may better serve their clients and customers and the public
a means of enhancing cooperation among Participants
a means by which information is accumulated and disseminated to enable authorized Participants to prepare appraisals, analyses, and other valuations of real property for bona fide clients and customers
a means by which Participants engaging in real estate appraisal contribute to common databases (Revised 06/24)

Section P.1.1 – Definition of the MLS Participant

Where the term REALTOR® is used in this explanation of policy in connection with the word member or the word Participant, it shall be construed to mean the REALTOR® principal or principals, of this or any other association, or a firm comprised of REALTOR® principals participating in a multiple listing service owned and operated by the board. Participatory rights shall be held by an individual principal broker unless determined by the association or MLS to be held by a firm. It shall not be construed to include individuals other than a principal or principals who are REALTOR® members of this or any other association, or who are legally entitled to participate without association membership. However, under no circumstances is any individual or firm, regardless of membership status, entitled to MLS membership or participation unless they hold a current, valid real estate broker’s license and/or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property. Use of information developed by or published by an association multiple listing service is strictly limited to the activities authorized under a Participant’s licensure(s) or certification and unauthorized uses are prohibited.

Mere possession of a broker’s license is not sufficient to qualify for MLS participation. Rather, the requirement that an individual or firm cooperates means that the Participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS, shares information on listed property, and makes property available to other brokers for showing to prospective purchasers and tenants when it is in the best interests of their clients, and to cooperate “Actively” means on a continual and ongoing basis during the operation of the Participant’s real estate business. The “actively” requirement is not intended to preclude MLS participation by a Participant or potential Participant that operates a real estate business on a part-time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a Participant or potential Participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny participation based on the level of service provided by the Participant or potential Participant as long as the level of service satisfies state law.

The key is that the Participant or potential Participant cooperates with respect to properties of the type that are listed on the MLS in which participation is sought. Cooperation is the obligation to share information on listed property and to make property available to other brokers for showing to prospective

purchasers and tenants when it is in the best interests of their client(s). This requirement does not permit an MLS to deny participation to a Participant or potential Participant that operates a “Virtual Office Website” (VOW) (including a VOW that the Participant uses to refer customers to other Participants) if the Participant or potential Participant actively endeavors to cooperate. An MLS may evaluate whether a Participant or potential Participant actively endeavors during the operation of its real estate business to cooperate only if the MLS has a reasonable basis to believe that the Participant or potential Participant is in fact not doing so. The membership requirement shall be applied in a nondiscriminatory manner to all Participants and potential Participants. M

Section 1 – Listing Procedures

PCMLS does not accept listings containing an offer of compensation in the MLS to other MLS Participants and Subscribers. Further, PCMLS will not create, facilitate, or support any non-MLS mechanism (including by providing listing information to an internet aggregator’s website for such purpose) for Participants, Subscribers, or sellers to make offers of compensation to buyer brokers or other buyer representatives.

Use of PCMLS data or data feeds to directly or indirectly establish or maintain a platform of offers of compensation from multiple brokers to buyer brokers or other buyer representatives is prohibited and will result in the MLS terminating that Participant’s access to any MLS data and data feeds.

The PCMLS will not adopt any rule requiring the listing broker to disclose the amount of total negotiated commission in his listing contract, and the PCMLS will not publish the total negotiated commission on a listing which has been submitted to the PCMLS by a participant. The PCMLS prohibits disclosing in any way the total commission negotiated between the seller and the listing broker, or total broker compensation (i.e. combined compensation to both listing brokers and buyer brokers). (Added 7/30/24)

Section 1.0 Listing Procedures – Property Types

Listings of real or personal property of the following types, which are listed subject to a real estate broker’s license, and are located within the territorial service area of the Service as defined in the bylaws of the Park City Board of REALTORS® (currently Summit and Wasatch counties in Utah), and are taken by Participant or Participants’ PCMLS Subscriber* on exclusive right-to-sell or to lease listing agreements and exclusive agency listing agreements shall be delivered to the Service within five (5) business days after the effective date of the listing agreement, which shall be after the listing agreement has been signed by the authorized seller’s agent or broker, after all necessary signatures of seller(s) have been obtained:

residential property for sale or This will include whole ownership single dwelling and may include single family detached homes, townhomes, twin homes, duplex (triplex and quad-plex), stacked condominiums and planned unit developments (PUDs).
vacant lots and acreage for sale or exchange
two-family, three-family, and four-family residential buildings for sale or exchange (“Multi-Unit” subtype)
with proper disclosure in the public remarks section of the MLS, fractional interest properties where a seller owns and wishes to sell all of the fractional interests associated with that property may be listed as Disclosure in the public remarks shall specify that the condominium is located in a fractional interest development and is subject to the governing documents for that development.
fractional interest (3 weeks or more), which means any ownership interest in real estate that is less than whole ownership and entitles the owners to three weeks or more occupancy of the real estate per year.

fractional interest (3 weeks or less), which means any ownership interest in real estate that is less than whole ownership and entitles the owners to less than three weeks occupancy of the real estate per year.
commercial (sale or lease), which means a property (improved or unimproved) with commercial use that is for sale or lease.
residential rental – property for rent for a period of 90 (ninety) days or longer (new, effective 3/15/21, Rev 11/4/21)

For a more detailed discussion of Property Types and Sub-Types, see Appendix II at the end of these rules.

*Note: While the MLS is under no obligation to accept the listings of an MLS of Choice waiver recipient, the PCMLS will voluntarily accept the listings of waiver recipients because the listing agent’s broker is an MLS Participant. In such cases, the Participant shall be entered as the Listing Agent. (Added 10/20) Further, a participant entering such a listing is prohibited from referencing, naming, or mentioning, within the body of the listing record filed with the service, the name or contact information for any waiver recipient or any other licensee or employee who is not a subscriber to the PCMLS service. (Contact information for the property owner is permitted so long as the owner is not a licensee or employee of the Participant.) Any such entry would be a violation of “Section VI – Inappropriate Language in MLS Listings Policy” as published in the PCMLS Policy Manual and would be sanctioned under “Section

Miscellaneous Violations” as described in the PCMLS Schedule of Fines and Sanctions. (added 5/22)

Section 1.0.1 Listing Agreements

PCMLS reserves the right to refuse to accept a listing form which fails to adequately protect the interests of the public and the Participants;
No listing form filed with PCMLS may establish, directly or indirectly, any contractual relationship between PCMLS and the Participant’s client (buyer or seller);
All listings and listing changes, including extension, withdrawal or renewal of a listing, must include the seller’s written authorization to submit the agreement to PCMLS;
PCMLS shall accept exclusive right-to-sell listing contracts and exclusive agency listing contracts and may accept other forms of agreement (Amended 7/30/24)
1. The exclusive right-to-sell listing is the conventional form of listing submitted to the Service in that the seller authorizes the listing broker to cooperate with other brokers. (Amended 7/30/24)
2. The exclusive agency listing also authorizes the listing broker, as exclusive agent, to offer cooperation but also reserves to the seller the general right to sell the property on an unlimited or restrictive basis. (Amended 7/30/24)
Exclusive agency listings and exclusive right-to-sell listings with exempt prospects must be designated using the Exempted Prospects field and prospects may be named in the Exempted Prospects Comments (Note: Exempt Prospect: shall mean, when applied to a Listing Agreement under which the Listing Broker becomes the sole agent of the Seller and the Seller agrees to pay a commission to the Listing Broker regardless of whether the Listed Property is sold through the efforts of the Listing Broker, the Seller or anyone else, except that the Seller may name one or more individuals or entities as exemptions in the Listing Agreement and, if the Listed Property is sold to any exempted individual or entity, the Seller is not obligated to pay a commission to the Listing Broker.) (Definition Added 8/20)
PCMLS does not accept Net Listings or Open Listings, but participants may accept such listings outside of PCMLS.
PCMLS does not accept auction
PCMLS does not accept listing agreements commonly known as “Coming Soon”, “Pocket Listings” or “Off-MLS” listings, i.e. any listing agreement which provides for a period of exclusion of the listing from the PCMLS database and distribution through the normal

advertising channels of PCMLS, or a period of exclusivity for the listing broker during which the broker may market the property within his/her brokerage but does not make an offer of cooperation to the other Participants of PCMLS. PCMLS Participants are prohibited from

advertising, through any media or via any channel provided by the MLS as part of the MLS or Board of Realtors services, a property for sale that is not listed with PCMLS and entered into the PCMLS database. (Amended 7/30/24)

Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public. In accordance with Section 1.3 of these rules, Listing broker may file a Certification to Withhold any listing agreement. Such certification may provide for a period of exclusion of the listing from the PCMLS database during which the broker may market the property within his/her brokerage but does not make an offer of cooperation to the other Participants of PCMLS. PCMLS Participants are prohibited from advertising, through any media or via any channel a property for sale that is not listed with PCMLS and entered into the PCMLS database, if that property is located within the primary service area of PCMLS defined above. (Amended effective 5/1/2020) (Clarifying definition added 2/1/2021) (aka Clear Cooperation Policy) (Amended 7/30/24)

Section 1.0.2 (Formerly 1B-A) Listing May Only Be Entered Under One Property Type

A listing may only be entered into a single property type, except for properties both For Rent/Lease and For Sale, which may be entered in both property types simultaneously. For purposes of entry into the Service, a listing shall be entered into the property type consistent with the property types mentioned above. Listings that are within any of the property types mentioned immediately above must be entered into the Service if taken by a participant within the Service area of PCMLS. (Amended 6/19/21 Coml. and 3/21/21 Res.)

However, if a property is sold as a lot with a home to be built, the Selling Agent may also show the lot at the time it sells and then show the home and lot as a complete sale after it has sold without having to readjust the prior lot sale. The following language must be shown in the closed remarks. “This home sale price reflects the total price paid by buyer to acquire the property. The sale was completed in two steps, with the lot purchase MLS #xxxxxx as the vacant land occurring prior to the start of construction. The amount of that closing $xxx,xxx has been added to the construction price to show the actual market value here for statistical purposes.”

Section 1.0.3 Property must be legally platted or “Reserved”

Property which is to be developed may be entered in the MLS before a plat map has been accepted and filed with the County Recorder’s Office. Such properties must be entered in the “Active- Reservation” status while offered and moved to the “Reserved” status when Pended.

Section 1.1 (Formerly 1A) Types of Properties

Following are some of the types of properties that may be published through the Service, including types described in the preceding paragraph that are required to be filed with the Service and other types that may be filed with the Service at the participant’s option provided, however, that any listing submitted is entered into within the scope of the participant’s licensure as a real estate broker:

residential motel-hotel
residential income mobile homes
subdivided vacant lot mobile home parks
land and ranch commercial income
business opportunity industrial

Section 1.1.1 Listings Subject to Rules and Regulations of the Service

Any listing taken on a contract to be filed with the Service is subject to the rules and regulations of the Service upon signature of the seller(s).

Section 1.2 Detail on Listings Filed with the Service

A listing agreement or property data form, when filed with the Service by the listing broker, shall be complete in every detail which is ascertainable as specified on the property data form.

Section 1.2.0 (New 3/1/21) Accuracy of Listing Data

Participants and subscribers are required to submit accurate listing data and required to correct any known errors. M

Section 1.2.1 (Formerly 1.2A) Tax Identification Numbers

Listing brokers must update tax identification numbers within five (5) business days of the issuance of a permanent tax identification number.

Section 1.2.2 (Formerly 1.2B) Bedroom(s)

For purposes of entry of a listing into the Service, a room may not be identified as a bedroom unless there is access to, and egress from the room as provided in the applicable Uniform Building Code and any local ordinances or regulations, the room has finished walls and a door, and the room has an alternate egress (most commonly a window the bottom of which may be not more than 44″ measured from the floor of the room). Nothing in this section shall preclude the listing broker from including in the remarks a disclaimer that the number of bedrooms has been identified by the seller. Nothing in the preceding sentence shall allow or justify the entry of an incorrect count of conforming bedrooms. (Amended 02/22)

Section 1.2.3 (Formerly 1.2C) Public Remarks

Data entered into all publicly accessible fields, including but not limited to public remarks, book headline, virtual tour, public supplemental remarks, public attachments or documents, and photographs (collectively referred to as “Public Remarks”) must only describe, and/or display, and accurately represent, the physical traits of the property for sale and its vicinity. Public Remarks shall not include (i) anything that appears designed to divert traffic from broker who has provided the IDX listing feed, including links or references to third party service providers; or (ii) any mechanism that collects information from the public. (Please see Section V. “Inappropriate Language in MLS Listings Policy” of the PCMLS Policy Manual for a more detailed description of and examples of language prohibited in Public Remarks.)

Section 1.2.4 (Formerly 1.2D) Corrections to Listings

Information entered into the system must be true and accurate and must comply with these Rules and Regulations. Listing brokers must correct violations or errors within three (3) business days of written request from the MLS. If the listing broker has not corrected a violation or error in a listing within five (5) business days of notification of such violation or error, then the Service shall have the right, but not the obligation, to correct the listing and to impose any applicable fine or sanction in accordance with the PCMLS Schedule of Fines and Sanctions for MLS Violations, and Sections 7 and 9 of these Rules.(Amended 10/3/19)

Section 1.2.5 (Formerly 1.2E) Providing Written Documentation to the Park City MLS

Listing agreements, data input forms, change forms and any other forms used by the listing broker in conjunction with the MLS must be retained by the participant and be provided to the Service no later than five (5) business days after receipt of written request from the Service.

Section 1.2.6 (Formerly 1.2F) Primary Photo

Listing brokers are required to attach at least one (1) primary (1^st) photo or representative image (the “Primary Photo”) to the listing immediately upon entry into the system. The Primary Photo must be taken of, or from, the property. The photo is not required if the seller does not want photos on the Service; however, the seller’s written request to withhold the photo must be filed with the Service at the time the listing is entered. Homes that are to be built must have architectural floor plans and a rendering to be listed on the MLS. Floor plans may be submitted as photos or as attached documents. Renderings of proposed homes with no details will not be permitted on the MLS. A rendering is acceptable if it is labeled as such, and it is an accurate representation of the home to be built. A photograph of a model home is acceptable if it is the same model as the home being built and it is labeled as such. (Amended 9/3/20) The primary photo of a Fractional Interest property listing must carry a banner identifying the listing as a Fractional Interest property. In the absence of this required banner, MLS staff will add the banner and a service fee as defined in the current PCMLS Policy Manual will be assessed. (Amended 7/1/22)

Section 1.2.7 (Formerly 1.2G) Additional Photos

Any additional photo taken off the property, but not of the property, must have a banner with one of the following labels: “Amenities”, “Lifestyle”, or “Surrounding Area.”

Section 1.2.8 (Formerly 1.2H) Photos Must Accurately Represent Property

Photos that do not accurately represent the property views will not be allowed on the MLS.

Section 1.2.9 (Formerly 1.2I) Certificate of Occupancy

The primary (1st) photo of any listing that has not received its certificate of occupancy (CO) must provide clear, visual evidence of the unfinished nature of the property and the estimated completion date and construction status fields must be complete. The primary photo of such a property must be tagged with the “Under Construction” banner. Visual evidence must be provided as either text on an image, or an image alone, that leaves no doubt of the unfinished nature of the property. Any additional photos that are not taken of the physical property, but are instead renderings, drawings, or artificial representations of what the property will look like when done must be clearly captioned as such. (Amended 10/3/19)

Section 1.2.10 (Formerly 1.2J) Joint Listings

In the event a participant jointly lists a property with another participant, only one data input form shall be processed through the Service. In the event that a participant jointly lists a property with a party who is not a participant, the participant shall submit a copy of the listing agreement to the Service upon written request by the Service.

Section 1.2.11 (Formerly 1.2K) Listings with Simultaneous Closing

Listing brokers may submit for inclusion in the MLS simultaneous closing listings if the listing broker has disclosed the nature of the transaction and all other relevant facts in the MLS, and if the listing and listing broker comply with all supplemental rules and procedures established by the MLS for such transactions.

Section 1.2.12 (Formerly 1.2L) Freestanding Condominium

A freestanding condominium may be entered into the MLS as a Residential property type with a Sub-Type of either Single Family or Townhouse.

Section 1.2.13 (Formerly 1.2.1) Limited Service Listings – Removed 2/15/25

Section 1.2.14 (Formerly 1.2.1A) Limited-Service Listings – Additional Identification – Removed 2/15/25

Note: a listing broker must provide certain minimum services to comply with Utah law, see Utah Code Ann. § 61-2f-308, as amended or substituted. Utah real estate laws and Department of Real Estate regulations require certain disclosures by the listing broker. Nothing in these rules will prohibit the inclusion of language required for brokers to comply with such state regulations, nor shall the removal of these PCMLS rules prevent a broker from including in the listing remarks any language the broker chooses to explain the nature and terms of the listing for the property being offered. (Amended 2/15/25)

Section 1.2.15 Subdivisions

Subdivisions may be added to the System only upon presentation of evidence that the authorized Planning Commission of the County where the property is located has approved the development of the subdivision.

Section 1.2.16 Days on Market

Days on market are calculated from the date a listing enters Active Status until the date it is changed to any of the off-market statuses including Pending, Cancelled, Closed or Expired. Cumulative Days on Market (CDOM) continue to accrue for any property that has been off market for fewer than 90 days and is then again offered as Active (in any of the Active statuses). Exceptions to the DOM calculation include the following: (Note: contact MLS staff to reset DOM if needed.)

time spent in Withdrawn with Valid Contract status (See Status Definitions and Section 1.3 for clarification of Withdrawn status)
listing a property that has changed ownership in the previous 90 days (resets DOM/CDOM to zero)
issuance of new Certificate of Occupancy (new construction completed or tear- down/rebuild completed) resets DOM/CDOM to zero. (New listing should be copied from prior listing.)(Clarifications added 5-1-20)
Property is listed in a new property class due to a material change in the real property being offered for sale. (Examples: a Vacant Land listing that is cancelled and replaced by a new Residential listing, offering land and a house to be built at the full price for both, or a Residential listing, perhaps with a tear-down structure, that is cancelled and relisted as just Vacant Land.) (Clarification added 2023-October)

Section 1.2.17 Listings approved by Designated Broker

All listings must be reviewed and approved by the Designated Broker or Managing Broker of the listing firm prior to being committed to the Service as an Active listing. The Designated or Managing Broker may delegate this review and authorization authority according to the policies established for their firm. After a listing has been entered into the Service, only the Designated or Managing Broker or designee(s) may make status changes or price changes to the listing.

Section 1.2.18 (Formerly Section 1.2.2) MLS Entry-only Listings

PCMLS does not accept MLS-Entry-Only listings. MLS-Entry-only listings are defined as listing agreements under which the listing broker will not provide any of the following services:

arrange appointments for cooperating brokers to show listed property to potential purchasers but instead gives cooperating brokers authority to make such appointments directly with the seller(s)
accept and present to the seller(s) offers to purchase procured by cooperating brokers but instead gives cooperating brokers authority to present offers to purchase directly to the seller(s)
advise the seller(s) as to the merits of offers to purchase
assist the seller(s) in developing, communicating, or presenting counter-offers
participate on the seller’s(s’) behalf in negotiations leading to the sale of the listed property

(Adopted 5/01) O

Section 1.2.19 Use of information fields

PCMLS Subscribers may only enter in any data field the information required or reasonably contemplated by such field.

Section 1.3 Exempt Listings – Certification to Withhold Property Listing

When the seller does not want the property disseminated by the Service, the participant may then take the listing (office exclusive) and must submit a Certification to Withhold Property Listing to the Service no later than five (5) business days after the effective date of the listing. If the listing is entered into the system, but moved to a Withdrawn status at the direction of the Seller through the execution of a Certification to Withhold, Days on Market will be calculated accumulating the days starting on the date the listing was entered and adding days beginning with the date the listing is returned to Active status. Days listing was in Withdrawn status do not count toward cumulative days on market. (Amended 10/3/19)

Section 1.4 Status of Listing

All listings filed with the Service shall be in one of the following statuses: (For detailed discussion of Statuses, please see Appendix I – Statuses.)

Active – available for showing and for purchase
Active-Short Sale – available for showing and for purchase subject to the provisions of Section 5.0.1 Short Sales
Active Short Sale Under Review – Active short-sale listing that has an offer that has been accepted by the Seller, but has not yet obtained consent from the mortgage holder
Active-Time Clause – A sales contract is pending on the property subject to the completion or waiver of certain contingencies but may continue to be shown and backup offers will be accepted
Pending – a purchase contract is pending and there are no contingencies
Closed – sale is completed and title has closed
Undisclosed Sales Price – sale is completed, title has closed, but parties have agreed not to disclose the sales price
Cancelled (formerly “Withdrawn Contract Cancelled”) – the listing contract was cancelled prior to the expiration date
Withdrawn Valid Contract – The actual listing agreement is valid, but the Seller wishes to temporarily remove the listing from the MLS (Active Status) and associated IDX feeds. (aka Temporarily Off Market)
Expired – the listing contract period terminated without a sale of the property
Active Reservation – available for reservation, but not yet platted or assigned a Tax ID number

Reserved – equivalent of “Pending” for Active-Reservation type listings Any change in listed price or other change in the original listing agreement shall be made only when

authorized in writing by the seller and must be filed with the Service within five (5) business days (excepting weekends, holidays, and postal holidays) after the authorized change is received by the listing broker.

Section 1.5 Withdrawal of Listing Prior to Expiration

Listings of property may be withdrawn from the Service by the listing broker before the expiration date of the listing agreement, provided notice is filed with the Service. If requested by the Service, notice shall include a copy of the agreement between the seller and the listing broker which authorizes the withdrawal.

Sellers do not have the unilateral right to require an MLS to withdraw a listing without the listing broker’s concurrence. However, when a seller(s) can document that his exclusive relationship with the listing broker has been terminated, the Service may remove the listing at the request of the seller.

Section 1.5.1 (Formerly 1.5A) Removal of Listing

In no event shall a listing be deleted from the MLS without a court order, or to remove an exact duplicate listing.

Section 1.6 Contingencies Applicable to Listings

Any contingency or conditions of any term in a listing shall be specified and noticed to the participants.

Section 1.7 Listing Price Specified

The full gross listing price stated in the listing contract will be included in the information published in the MLS compilation of current listings, unless the property is subject to auction.

Section 1.8 Listing Multiple Unit Properties

All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data form. When part of a listed property has been sold, proper notification should be given to the Service.

Section 1.8.1 (Formerly 1.8A) Multiple Unit Property Listings

Multiple unit properties are shown as a sub-category of single family homes in the MLS.

Section 1.9 No Control of Commission Rates or Fees Charged by Participants

The PCMLS does not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by participants. (Amended 7/30/24)

Section 1.10 Expiration of Listings

Listings filed with the Service will automatically be removed from the compilation of current listings on the expiration date specified in the agreement, unless prior to or within 30 days after that date the MLS receives notice that the listing has been extended or renewed.

Section 1.10.1 (Formerly 1.10A) Expiration, Extension and Renewal of Listing (Less Than 30 Days) If a renewal or extension of an existing listing is filed within thirty (30) business days of the expiration date of the original listing, the renewal or extension may be submitted as a change form, or in another alternative means approved by the Service. Any extensions or renewals of listings must be signed by the seller(s) and filed with the Service. In the event that a participant jointly lists a property with another participant, only one data input form shall be processed through the Service.

Section 1.11 Termination Date on Listings

Listings filed with the Service shall bear a definite and final termination date, as negotiated between the listing broker and the seller.

Section 1.12 Service Area

Only listings of the designated types of property located within the Service area of the MLS are required to be submitted to the Service. Listings of property located outside the MLS’s service area will be accepted if submitted voluntarily by a participant, but are not required by the Service.

Section 1.13 Listings of Suspended Participants

When a participant of the Service is suspended from the MLS for failing to abide by a membership duty (i.e., violation of the Code of Ethics, association bylaws, MLS bylaws, MLS rules and regulations, or other membership obligation except failure to pay appropriate dues, fees, or charges), all listings currently filed with the MLS by the suspended participant shall, at the participant’s option, be retained in the Service until sold, withdrawn or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the suspension became effective. If a participant has been suspended from the association or MLS (or both) for failure to pay appropriate dues, fees, or charges, an association MLS is not obligated to provide MLS services, including continued inclusion of the suspended participant’s listings in the MLS compilation of current listing information. Prior to any removal of a suspended participant’s listings from the MLS, the suspended participant should be advised, in writing, of the intended removal so that the suspended participant may advise his clients.

Section 1.14 Listings of Expelled Participants

When a participant of the Service is expelled from the MLS for failing to abide by a membership duty (i.e., violation of the Code of Ethics, association bylaws, MLS bylaws, MLS rules and regulations, or other membership obligations except failure to pay appropriate dues, fees, or charges), all listings currently filed with the MLS by the expelled participant shall, at the participant’s option, be retained in the Service until sold, withdrawn, or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the expulsion became effective. If a participant has been expelled from the association (except where MLS participation without association membership is permitted by law) or MLS (or both) for failure to pay appropriate dues, fees, or charges, an association MLS is not obligated to provide MLS services, including continued inclusion of the expelled participant’s listings in the MLS compilation of current listing information. Prior to any removal of an expelled participant’s listings from the MLS, the expelled participant should be advised, in writing, of the intended removal so that the expelled participant may advise his clients.

Section 1.15 Listings of Resigned Participants

When a participant resigns from the MLS, the MLS is not obligated to provide services, including continued inclusion of the resigned participant’s listings in the MLS compilation of current listing information. Prior to any removal of a resigned participant’s listings from the MLS, the resigned participant should be advised, in writing, of the intended removal so that the resigned participant may advise his clients.

Section 1.16, Property Addresses

At the time of filing a listing, participants and subscribers must include a property address available to other participants and subscribers, and if an address doesn’t exist a parcel identification number can be used.

Where an address or parcel identification number are unavailable, the information filed with the MLS must include a legal description of the property sufficient to describe its location. M (New 2/1/22)

Section 2 – Selling Procedures

Section 2.0 Showings and Negotiations

Appointments for showings and negotiations with the seller for the purchase of listed property filed with the Service shall be conducted through the listing broker, except under the following circumstances:

the listing broker gives the cooperating broker specific authority to show and/or negotiate directly, or

after reasonable effort, the cooperating broker cannot `the listing broker or their representative; however, the listing broker, at his option, may preclude such direct negotiations by cooperating

Section 2.1 Presentation of Offers

The listing broker must make arrangements to present the offer as soon as possible, or give the cooperating broker a satisfactory reason for not doing so.

Section 2.2 Submission of Written Offers and Counter-offers

The listing broker shall submit to the seller all written offers until closing unless precluded by law, government rule, regulation, or agreed otherwise in writing between the seller and the listing broker. Unless the subsequent offer is contingent upon the termination of an existing contract, the listing broker shall recommend that the seller obtain the advice of legal counsel prior to acceptance of the subsequent offer.

Participants representing buyers or tenants shall submit to the buyer or tenant all offers and counter-offers until acceptance, and shall recommend that buyers and tenants obtain legal advice where there is a question about whether a pre-existing contract has been terminated.

Section 2.3 Right of Cooperating Broker in Presentation of Offer

The cooperating brokers (subagent or buyer agent) or their representative has the right to participate in the presentation to the seller or lessor of any offer they secure to purchase or lease. They do not have the right to be present at any discussion or evaluation of that offer by the seller or lessor and the listing broker.

However, if the seller or lessor gives written instructions to the listing broker that the cooperating broker may not be present when an offer the cooperating broker procured is presented, the cooperating broker has the right to a copy of the seller’s or lessor’s written instructions. None of the foregoing diminishes the listing broker’s right to control the establishment of appointments for such presentations. (Amended 4/92)

Where the cooperating broker is not present during the presentation of the offer, the cooperating broker can request in writing, and the listing broker must provide, as soon as practical, written affirmation stating that the offer has been submitted to the seller, or written notification that the seller has waived the obligation to have the offer presented. (Amended 11/2019)

Section 2.4 Right of Listing Broker in Presentation of Counter-offer

The listing broker or his representative has the right to participate in the presentation of any counter-offer made by the seller or lessor. He does not have the right to be present at any discussion or evaluation of a counter-offer by the purchaser or lessee (except when the cooperating broker is a subagent). However, if the purchaser or lessee gives written instructions to the cooperating broker that the listing broker not be present when a counter- offer is presented, the listing broker has the right to a copy of the purchaser’s or lessee’s written instructions. (Adopted 11/93)

Section 2.5 Reporting Sales to the Service

Status changes, including final closing of sales and sales prices, shall be reported to the Service by the listing broker within five (5) business days after they have occurred.

If negotiations were carried on under Section 2.0 a. or b. hereof, the cooperating broker shall report accepted offers and prices to the listing broker within three (3) business days after occurrence and the listing broker shall report them to the MLS within forty-eight (48) hours after receiving notice from the cooperating broker.

Section 2.5.1 (Formerly 2.5C Note2A) Sales Price information is confidential

Sold data is categorized as confidential by the PCMLS. It is a violation of these Rules (Immediate Fines section) to distribute or disclose Sold data, except as outlined in Section 2.5.2. (Note: Prior to 2017, properties could be reported to the MLS as “Undisclosed Sales Price” in which case the actual

sold price was withheld from the MLS. The MLS reported a sold price of 95% of the last listed price of the property and marked the status as “Undisclosed Sales Price” so everyone was made aware of the nature of the reported price. From and after January 1, 2017, sales prices must be reported.

However, the MLS will retain the historical Undisclosed Sales Price records for statistical purposes.)

Section 2.5.2 Uses of sale price information

Sale price information shall be limited to use by participants and subscribers in providing real estate services, including appraisals and other valuations, to customers and clients; and to governmental bodies and third-party entities only as provided below.

(Formerly 2.5C Note 2) The MLS may provide sale price information to governmental bodies only to be used for statistical purposes (including use of aggregated data for purposes of valuing property) and to confirm the accuracy of information submitted by property owners or their representatives in connection with property valuation challenges; and to third-party entities only to be used for academic research, statistical analysis, or for providing services to participants and subscribers. In any instance where a governmental body or third-party entity makes sale price information provided by the MLS available other than as provided for in this provision, a listing participant may request the sale price information for a specific property be withheld from dissemination for these purposes with written authorization from the seller and withholding of sale price information from those entities shall not be construed as a violation of the requirement to report sale prices.

Section 2.5.3 (Formerly 2.5A) Actions taken to avoid Reporting Sold data to the Service Participants and subscribers of the MLS must report the sales or lease price of any transaction from which a commission is received. Actions such as withdrawing, expiring early, timing the pending or closing of a contract to occur after a natural expiration of a listing agreement, or other maneuvers that circumvent the requirement to fully, accurately, and timely report the sales or lease price are prohibited. For the purposes of this rule, “timely report” shall be defined as within five business days of closing. This timeframe will apply to both the requirement to report the status change and to the submission of a Non-disclosure of Sale Price certificate along with the required non-disclosure fee.

Participants and Subscribers who fail to submit the certificate and fee within the required timeframe shall forfeit and waive any claim to not disclose the sale price on behalf of their client(s). Violations of this Section are subject to the penalties described in the PCMLS Schedule of Fines and Sanctions for MLS Violations. (Amended 7/1/22)

Section 2.5.4 (Formerly 2.5B) Reporting Pending Sales to the Service

No later than five (5) business days after a listed property goes under contract (including contracts that contain a Time-Clause that permits the seller to continue to offer the property for sale, in which case the status shall be changed to “Active – Time-Clause”), such status change shall be reported to the MLS by the listing broker. Regardless of agreements between buyer and seller to continue marketing the property as active, the property status must be changed to “Pended” or one of the narrowly defined sub-active statuses (e.g., Active – Time Clause).

Section 2.5.5 (Formerly 2.5C) Reporting Sales of Properties Without a Listing Agreement Properties that are sold without having a listing agreement but utilize an agreement may be entered into the Service as comparable sold data after the transaction has closed. The confidential remarks must state that the property and sales data are being entered into the Service as a courtesy by the seller’s brokerage or by the buyer’s brokerage, whichever is applicable. (Amended 7/30/24)

Section 2.6 Reporting Resolutions of Contingencies

The listing broker shall report to the Service within five (5) business days that a contingency on file with the Service has been fulfilled or renewed, or the agreement cancelled. This reporting would be done by changing the Listing Status from Active-Time Clause to Pending or Active. (Relocated from 2.8.1 below) M

Section 2.7 Advertising of Listings Filed With the Service

A listing shall not be advertised by any participant other than the listing broker without the prior consent of the listing broker.

Section 2.8 Reporting Cancellation of Pending Sale

The listing broker shall report to the Service by the close of the following business day the cancellation of any pending sale, and the listing shall be reinstated immediately.

Section 2.9 Disclosing the Existence of Offers

Listing brokers, in response to inquiries from buyers or cooperating brokers, shall, with the seller’s approval, disclose the existence of offers on the property. The listing broker shall also disclose, if asked, whether offers were obtained by the listing licensee, by another licensee in the listing firm, or by a cooperating broker.

Section 2.10 Availability of Listed Property

Listing brokers shall not misrepresent the availability of access to show or inspect listed property.

Section 3 – Refusal to Sell

If the seller of any listed property filed with the multiple listing service refuses to accept a written offer satisfying the terms and conditions stated in the listing, such fact shall be transmitted immediately to the service and to all participants. R

Section 4 – Prohibitions

Section 4.0 Information for Participants Only

Any listing filed with the Service shall not be made available to any broker or firm not a member of the MLS without the prior consent of the listing broker.

Section 4.0.1 (Formerly 4A) Providing Unauthorized Access to the Service

No Subscriber may provide access to the Service by sharing login credentials, including User ID and password to anyone under any circumstances.

Section 4.1 For Sale Signs

Only the for sale sign of the listing broker may be placed on a property. Brokerage signs may be placed only on Active (“for sale” sign) or Pending (“under contract” or “sold by” signs) listings. (For compliance with the Clear Cooperation policy, listings in Withdrawn-Active Contract status shall be considered Active and signage may remain.) (Amended 5/20)

Section 4.2 Sold Signs

Prior to closing, only the sold sign of the listing broker may be placed on a property, unless the listing broker authorizes the cooperating (selling) broker to post such a sign. All signs must be removed from the property no later than five (5) business days after closing. (Amended 5/20)

Section 4.3 Solicitation of Listing Filed with the Service

Participants shall not solicit a listing on property filed with the Service unless such solicitation is consistent with Article 16 of the Realtors®’ Code of Ethics, its Standards of Practice, and its Case Interpretations.

Section 4.4 Use of the Terms MLS and Multiple Listing Service

No MLS participant, subscriber, or licensee affiliated with any participant shall, through the name of their firm, their URLs, their e-mail addresses, their website addresses, or in any other way represent, suggest, or imply that the individual or firm is an MLS, or that they operate an MLS. Participants, subscribers and licensees affiliated with participants shall not represent, suggest, or imply that consumers or others have direct access to MLS databases, or that consumers or others are able to search MLS databases available only to participants and subscribers. This does not prohibit participants and subscribers from representing that

any information they are authorized under MLS rules to provide to clients or customers is available on their websites or otherwise.

Section 4.5, Services Advertised as “Free”

MLS participants and subscribers must not represent that their brokerage services to a client or customer are free or available at no cost to their clients, unless the participant or subscriber will receive no financial compensation from any source for those services. (Added 02/2022)

Section 4.6, Filtering prohibited

Participants and Subscribers must not filter out or restrict MLS listings that are communicated to customers or clients based on the existence or level of compensation offered to the cooperating broker or the name of a brokerage or agent. (Amended 7/30/24)

Section 5 – Commissions/Compensation

Section 5.0 No Compensation Specified on Each Listing

Participants, Subscribers, or their sellers may not make offers of compensation to buyer brokers and other buyer representatives in the MLS.

Use of MLS data or data feeds to directly or indirectly establish or maintain a platform to make offers of compensation from multiple brokers to buyer brokers or other buyer representatives is prohibited and must result in the MLS terminating that Participant’s access to any MLS data and data feeds.

Note 1: The multiple listing service must not have a rule requiring the listing broker to disclose the amount of total negotiated commission in his listing contract, and the multiple listing service shall not publish the total negotiated commission on a listing which has been submitted to the MLS by a participant. The multiple listing service must prohibit disclosing in any way the total commission negotiated between the seller and the listing broker, or total broker compensation (i.e. combined compensation to both listing brokers and buyer brokers).

Note 2: The multiple listing service shall make no rule on the division of commissions between Participants and non-Participants. This should remain solely the responsibility of the listing broker.

Note 3: Multiple listing services must give Participants the ability to disclose to other Participants any potential for a short sale. As used in these rules, short sales are defined as a transaction where title transfers, where the sale price is insufficient to pay the total of all liens and costs of sale and where the seller does not bring sufficient liquid assets to the closing to cure all deficiencies. Multiple listing services may, as a matter of local discretion, require Participants to disclose potential short sales when Participants know a transaction is a potential short sale. (Amended 7/30/24)

Section 5.0.1 Disclosures of compensation

MLS Participants and Subscribers must:

Disclose to prospective sellers and buyers that broker compensation is not set by law and is fully negotiable. This must be included in conspicuous language as part of any listing agreement, buyer written agreement, and pre-closing disclosure documents (if any).
Conspicuously disclose in writing to sellers, and obtain the seller’s authority, for any payments or offer of payment that the listing Participant or seller will make to another broker, agent, or other representative (e.g. real estate attorney) acting for buyers. This disclosure must include the amount or rate of any such payment and be made in writing in advance of any payment or agreement to pay.

Section 5.0.2 Written Buyer Agreement

Unless inconsistent with state or federal law or regulation, all MLS Participants working with a buyer must enter into a written agreement with the buyer prior to touring a home. The written agreement must include:

a specific and conspicuous disclosure of the amount or rate of compensation the Participant will receive or how this amount will be determined, to the extent that the Participant will receive compensation from any source;
the amount of compensation in a manner that is objectively ascertainable and not open-
a term that prohibits the Participant from receiving compensation for brokerage services from any source that exceeds the amount or rate agreed to in the agreement with the buyer; and
a conspicuous statement that broker fees and commissions are not set by law and are fully negotiable. (Amended 7/30/24)

Section 5.0.3 (Formerly 5A) Net Sale Price

Seller concessions are defined as amounts paid by seller on behalf of buyer, seller-paid buyer closing costs, cash or cash allowances not escrowed, down payment assistance, additions or alterations not considered deferred maintenance, and personal property not usual and customary to such transactions conveyed from seller to buyer having an agreed upon monetary value. (Adopted 5/12) (Amended 7/30/24)

Section 5.0.4 (Section Deleted 7/30/24)

Section 5.0.5 Disclosing Potential Short Sales (NAR Model Section 5.0.1)

Participants must disclose potential short sales (defined as a transaction where title transfers, where the sale price is insufficient to pay the total of all liens and costs of sale and where the seller does not bring sufficient liquid assets to the closing to cure all deficiencies) when reasonably known to the listing participants. (Amended 5/2009)

All confidential disclosures and confidential information related to short sales must be communicated through confidential “remarks” available only to participants and subscribers. (Amended 7/30/24)

Section 5.1 Participant as Principal

If a participant or any licensee (or licensed or certified appraiser) whether or not affiliated with a participant has any ownership interest in a property, the listing of which is to be disseminated through the Service, that person shall disclose that interest when the listing is filed with the Service and such information shall be disseminated to all multiple listing service participants. Such disclosure shall take the form of a Yes/No data field indicating “Owner is Licensee” and a declaration in the Confidential Remarks to the effect that “Owner is Licensee.” (Amended 10/19)(Amended 09/20 to change “or” to “and”)

Section 5.2 Participant as Purchaser

If a participant or any licensee (including licensed and certified appraisers) affiliated with a participant wishes to acquire an interest in property listed with another participant, such contemplated interest shall be disclosed, in writing, to the listing broker not later than the time an offer to purchase is submitted to the listing broker.

Section 5.3 (Section deleted 7/30/24) Section 5.4 (Section deleted 7/30/24) Section 5.5 (Section deleted 7/30/24)

Section 5.6 Required Consumer Disclosure

MLS Participants and Subscribers must:

Disclose to prospective sellers and buyers that broker compensation is not set by law and is fully negotiable. This must be included in conspicuous language as part of any listing agreement, buyer written agreement, and pre-closing disclosure documents (if any).
Conspicuously disclose in writing to sellers, and obtain the seller’s authority, for any payments or offer of payment that the listing Participant or seller will make to another broker, agent, or other representative (e.g. real estate attorney) acting for buyers. This disclosure must include the amount or rate of any such payment and be made in writing in advance of any payment or agreement to (Amended 7/30/24)

Section 5.7 Written Buyer Agreement Required (New NAR Policy 8.13)

All MLS Participants working with a buyer must enter into a written agreement with the buyer prior to touring a home. The written agreement must include:

a specific and conspicuous disclosure of the amount or rate of compensation the Participant will receive or how this amount will be determined, to the extent that the Participant will receive compensation from any source.
the amount of compensation in a manner that is objectively ascertainable and not open-
a term that prohibits the Participant from receiving compensation for brokerage services from any source that exceeds the amount or rate agreed to in the agreement with the buyer; and a conspicuous statement that broker fees and commissions are not set by law and are fully
Disclose to prospective sellers and buyers that broker compensation is not set by law and is fully negotiable. (Amended 7/30/24)

Section 6 – Service Charges

Section 6.0 Service Fees and Charges

The following service charges for operation of the Service are in effect to defray the costs of the Service and are subject to change from time to time in the manner prescribed:

Section 6.0.1 Initial Participation Fee

Each participant and each subscriber applying for participation in the Service shall pay an application fee, with such fee to accompany the application. Administrative members, including appraiser’s trainees, shall not be required to pay an initial participation fee.

Section 6.0.2 Recurring Participation Fee

The annual participation fee of each participant shall be an amount established by the MLS board of directors times each salesperson and licensed or certified appraiser who has access to and use of the Service, whether licensed as a broker, sales licensee, or licensed or certified appraiser who is employed by or affiliated as an independent contractor with such participant. Payment of such fees shall be made on or before the first day of the fiscal year of the Service. Fees shall be prorated on a monthly basis. Administrative members, including appraiser’s trainees, shall not be required to pay a recurring participation fee.

PCMLS provides participants the option of a no–cost waiver of MLS fees, dues, and charges for any licensee or licensed or certified appraiser who can demonstrate subscription to a different MLS or CIE

where the principal broker participates. PCMLS requires that broker participants sign a certification for nonuse of its MLS services by their licensees, which includes penalties and termination of the waiver if violated. (Adopted 11/17)

Section 6.0.3 Monthly Fee for Participants and Subscribers:

The monthly fee for participants and subscribers shall be in an amount established by the MLS board of directors and approved by the shareholder.

Section 6.0.4 Monthly Fee for Administrative members:

Administrative members shall be required to pay a monthly participation fee in an amount established by the MLS board of directors and approved by the shareholder.

Section 6.1 (Formerly 6.E) Mandatory or Optional Participation

Section 6.1.1 (Formerly 6.E.a) Participants Who Are Primary Members.

If the participant is a primary member of the Park City Board of REALTORS®, then each broker, sales licensee, or licensed or certified appraiser who is employed by, or affiliated as an independent contractor with such participant is required to subscribe to the PCMLS.

Section 6.1.2 (Formerly 6.E.b) Participants Who Are Secondary Members.

If the participant is a secondary member of the Park City Board of REALTORS®, or the PCMLS, then any broker, sales licensee, or licensed or certified appraiser who is employed by, or affiliated as an independent contractor with such participant shall have the option to subscribe to the PCMLS.

Section 6.1.3 (Formerly 6.E.c) Participants Who Have Non-Listing or Non-Selling Agents.

There may be one or more licensees affiliated with a participant who do not access or use the MLS and who do not list or sell property. In such an instance, the participant may properly request a waiver of the MLS application fee and recurring fees for such licensee(s). PCMLS requires a signed certification of nonuse of its MLS services signed by the waiver recipient and recipient’s participant. Violation of the certification will result in penalties and termination of the waiver, as published in the PCMLS Schedule of Fines & Sanctions.

Section 7 – Compliance with Rules

Section 7.0 Compliance with Rules—Assertion of Authority to Impose Discipline

By becoming and remaining a participant or subscriber in this MLS, each participant and subscriber agrees to be subject to the rules and regulations and any other MLS governance provision. The MLS may, through the administrative and hearing procedures established in these rules, impose discipline for violations of the rules and other MLS governance provisions. Discipline that may be imposed may only consist of one or more of the following:

letter of warning
letter of reprimand
attendance at MLS orientation or other appropriate courses or seminars which the participant or subscriber can reasonably attend taking into consideration cost, location, and duration
appropriate, reasonable fine not to exceed $15,000
suspension of MLS rights, privileges, and services for not less than thirty (30) days nor more than one

(1) year

termination of MLS rights, privileges, and services with no right to reapply for a specified period not to exceed three (3) years. (Revised 11/14)

Note 1: A participant (or user/subscriber, where appropriate) can be placed on probation. Probation is not a form of discipline. When a participant (or user/subscriber, where appropriate) is placed on probation the discipline is held in abeyance for a stipulated period of time not longer than one (1)

year. Any subsequent finding of a violation of the MLS rules during the probationary period may, at the discretion of the Board of Directors, result in the imposition of the suspended discipline. Absent any subsequent findings of a violation during the probationary period, both the probationary status and the suspended discipline are considered fulfilled, and the individual’s record will reflect the fulfillment. The fact that one or more forms of discipline are held in abeyance during the probationary period does not bar imposition of other forms of discipline which will not be held in abeyance. (Revised 05/14)

Note 2: MLS participants and subscribers can receive no more than three (3) administrative sanctions in a calendar year before they are required to attend a hearing for their actions and potential violations of MLS rules, except that the MLS may allow more administrative sanctions for violations of listing information provided by participants and subscribers before requiring a hearing. The MLS must send a copy of all administrative sanctions against a subscriber to the subscriber’s participant and the participant is required to attend the hearing of a subscriber who has received more than three (3) administrative sanctions within a calendar year. (Adopted 11/20)

Section 7.0.1 (Formerly 7A) – Fines and Sanctions

The board of directors of PCMLS has established a schedule of fines and sanctions for violations of the rules and regulations. The MLS may discipline in accordance with the schedule of fines and sanctions. The subscriber receiving the discipline must comply with the imposed discipline, or alternatively, file a request for a hearing in accordance with the procedures set forth in Section 9 – Enforcement of Rules or Disputes.

Section 7.0.2 – (Formerly 7B) Notice of Violation

The MLS shall provide the subscriber with a written notice specifying the exact nature of the violation and the associated fine and/or sanction based upon the applicable provisions of the schedule of fines and sanctions. The notice may be provided electronically, hand-delivered, and/or sent by US mail, as determined by the MLS.

Section 7.0.3 – (Formerly 7C) Payment of a Fine

If within the time prescribed in the Schedule of Fees & Sanctions for a specific violation the subscriber pays the fine and complies with the sanction as specified in the written notice, the matter shall be deemed satisfactorily resolved.

Section 7.1 Compliance with Rules

The following action may be taken for noncompliance with the rules:

for failure to pay any service charge or fee within one (1) month of the date due, and provided that at least ten (10) days’ notice has been given, the Service shall be suspended until service charges or fees are paid in full
for failure to comply with any other rule, the provisions of Sections 9 and 1 shall apply

Section 7.1.1 (Formerly 7.1A) – Termination of Subscription of Participant and All Licensees for Non-Payment

For failure to pay any service charge or fee, and provided that at least ten (10) days’ notice has been given, the subscription of the non-paying subscriber, the subscriber’s participant, and all licensees affiliated with that participant to the MLS shall automatically terminate unless within that ten-day time period the full amount due is paid.

Section 7.1.2 (Formerly 7.1B) – Application for Reinstatement After Termination for Non- Payment

A former subscriber who has had his/her subscription to the MLS terminated for non-payment of dues, fees, fines, or other assessments duly levied in accordance with the provisions of these Rules & Regulations or the provisions of the bylaws of the association or any of its services, departments, divisions or subsidiaries, may apply for reinstatement as a subscriber in a manner prescribed for new subscribers to the MLS, after making payment in full of all accounts due as of the date of termination.

Section 7.1.3 (Formerly 7.1C) – Reapplication of Suspended Participants

Participants that have been expelled from the MLS must wait for a minimum period of six (6) months after the expulsion date to reapply.

Section 7.2 Applicability of Rules to Users and/or Subscribers

Non-principal brokers, sales licensees, appraisers, and others authorized to have access to information published by the MLS are subject to these rules and regulations and may be disciplined for violations thereof provided that the user or subscriber has signed an agreement (the Subscriber Agreement) acknowledging that access to and use of MLS information is contingent on compliance with the rules and regulations.

Further, failure of any user or subscriber to abide by the rules and/or any sanction imposed for violations thereof can subject the participant to the same or other discipline. This provision does not eliminate the participant’s ultimate responsibility and accountability for all users or subscribers affiliated with the participant.

Section 8 – Meetings

The meetings of the participants in the Service or the board of directors of the Service for the transaction of business of the Service shall be held in accordance with the provisions of Article 7, bylaws of the Service.

Section 9 – Enforcement of Rules or Disputes

Section 9.0 Consideration of Alleged Violations

The board of directors shall give consideration to all written complaints having to do with violations of the rules and regulations. By becoming and remaining a participant, each participant agrees to be subject to these rules and regulations, the enforcement of which are at the sole discretion of the Board of Directors.

(Amended 2019)

When requested by a complainant, the MLS will process a compliant without revealing the complainant’s identity. If a complaint is subsequently forwarded to a hearing, and the original complainant does not consent to participating in the process, the MLS will appoint a representative to serve as the complainant. (Amended 11/20)

Section 9.1 Violations of Rules and Regulations

The Board of Directors of PCMLS has authorized PCMLS Staff to administer these rules and regulations and impose the appropriate penalty or discipline for infractions. If the alleged offense is a violation of the rules and regulations of the Service and does not involve a charge of alleged unethical conduct or request for arbitration, it may be administratively considered and determined by the PCMLS staff. If a violation is determined, the PCMLS staff may direct the imposition of sanction, provided the recipient of such sanction may request a hearing before the Board of Directors of PCMLS within twenty (20) days following receipt of the decision. The decision of the Board of Directors is final and not subject to appeal through any venue.

(Amended 7/19)

Alleged violations involving unethical conduct shall be referred to the professional standards committee of the association of Realtors® 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 Realtors®. (Amended 7/19)

Section 9.2 Complaints of Unethical Conduct

All other complaints of unethical conduct shall be referred by the board of directors of the Service to the association of Realtors® for appropriate action in accordance with the professional standards procedures established in the association’s bylaws. (Amended 11/88)

Section 9.3 Complaints of Unauthorized Use of Listing Content

Any participant who believes another participant has engaged in the unauthorized use or display of listing content, including photographs, images, audio or video recordings, and virtual tours, shall send notice of such alleged unauthorized use to the MLS. Such notice shall be in writing, specifically identify the allegedly unauthorized content, and be delivered to the MLS not more than sixty (60) days after the alleged misuse was first identified. No participant may pursue action over the alleged unauthorized use and display of listing content in a court of law without first completing the notice and response procedures outlined in this Section

9.3 of the MLS rules.

Upon receiving a notice, the PCMLS Board of Directors will send the notice to the participant who is accused of unauthorized use. Within ten (10) days from receipt, the participant must either: 1) remove the allegedly unauthorized content, or 2) provide proof to the committee (Board of Directors) that the use is authorized. Any proof submitted will be considered by the Committee (Board of Directors), and a decision of whether it establishes authority to use the listing content will be made within thirty (30) days.

If the PCMLS Board of Directors determines that the use of the content was unauthorized, the PCMLS Board of Directors may issue a sanction pursuant to Section 7 of the MLS rules, including a request to remove and/or stop the use of the unauthorized content within ten (10) days after transmittal of the decision. If the unauthorized use stems from a violation of the MLS rules, that too will be considered at the time of establishing an appropriate sanction.

If after ten (10) days following transmittal of the PCMLS Board of Director’s determination the alleged violation remains uncured (i.e. the content is not removed or the rules violation remains uncured), then the complaining party may seek action through a court of law. (Adopted 5/18)

Section 9.4 MLS Rules Violations

MLS participants may not take legal action against another participant for alleged rules violation(s) unless the complaining participant has first exhausted the remedies provided in these rules.

Section 10 – Confidentiality of MLS Information

Section 10.0 Confidentiality of MLS Information

Any information provided by the Service to the participants shall be considered official information of the Service. Such information shall be considered confidential and exclusively for the use of participants and real estate licensees affiliated with such participants and those participants who are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property and licensed or certified appraisers affiliated with such participants.

Section 10.1 MLS Not Responsible for Accuracy of Information

The information published and disseminated by the Service is communicated verbatim, without change by the Service, as filed with the Service by the participant. The service does not verify such information provided and disclaims any responsibility for its accuracy. Each participant agrees to hold the Service harmless against any liability arising from any inaccuracy or inadequacy of the information such participant provides.

Section 10.2 (Formerly10.1A) Access to Comparable and Statistical Information: Members of the Park City Board of REALTORS® who are actively engaged in real estate brokerage, property management, mortgage financing, appraising, land development, or building, or are title companies, but do not participate in the MLS, are nonetheless entitled to receive by purchase or lease all year to year statistical information that is made available by the MLS, which shall not include any confidential information. This information is provided for the exclusive use of members of the Park City Board of REALTORS® and individuals affiliated with Park City Board of REALTORS® who are also engaged in the real estate business and may not be transmitted, retransmitted, or provided in any manner to any unauthorized individual, office, or firm, except as otherwise provided in these rules and regulations.

Section 10.3 (Formerly 10.2D) Confidential Information: Section 10.3.1 (Formerly 10.2D.a) Field Restrictions

The following fields of listing content may not be displayed, delivered, or otherwise communicated by a subscriber to any consumer by any means, including through a subscriber’s website, VOW website, office, email, or any other form of oral or written communication and shall be deemed confidential information: type of listing agreement (i.e. – exclusive right to sell or exclusive agency), seller’s and occupant’s name(s), phone number(s), or email address(es), instructions or remarks intended for cooperating brokers only (“confidential remarks”) such as those regarding showings or security of listed property. (Compensation offer deleted 02/22)

Section 10.3.2 (Formerly 10.2D.b) Status Restrictions

Except as otherwise provided in this section, the following listings and any listing content included in such listings, may not be displayed, delivered, or otherwise communicated by a subscriber to any consumer by any means, including through a subscriber’s website, VOW website, office, email, or any other form of oral or written communication, and shall be deemed confidential information: expired, withdrawn, off-market, or pending (“under contract”) listings and sold price/sold terms/sold information that is not available through public records. Subscribers may obtain and display or deliver a limited number of the foregoing listings from the MLS in connection with providing brokerage services, including comparative market analysis, but only so long as the listings are selected by the subscriber, or using criteria selected by the subscriber, in the course of the subscriber providing brokerage services.

Section 10.3.3 (Formerly 10.2D.c) Legally required disclosures

All confidential information shall be maintained by a subscriber as confidential and available exclusively for the use by the subscriber as provided in these rules and regulations. Subscribers shall not disclose any confidential information to anyone, except as provided in these rules and regulations, as ordered by a court of competent jurisdiction, or as otherwise required by law.

Subscribers shall not disclose any confidential information pursuant to a court order or as required by law until a subscriber has given the MLS ten (10) business days’ prior written notice and an opportunity to oppose such disclosure.

Section 11 – Ownership of MLS Compilation* and Copyright

*The term MLS compilation, as used in Sections 11 and 12 herein, shall be construed to include any format in which property listing data is collected and disseminated to the participants, including but not limited to bound book, loose-leaf binder, computer database, card file, or any other format whatsoever.

Section 11.0

By the act of submitting any property listing content to the MLS the participant represents and warrants that he or she is fully authorized to license the property listing content as contemplated by and in compliance with this section and these rules and regulations, and also thereby does grant to the PCMLS license 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 listed property.

Each participant who submits listing content to the MLS agrees to defend and hold the MLS and every other participant harmless from and against any liability or claim arising from any inaccuracy of the submitted listing content or any inadequacy of ownership, license, or title to the submitted listing content. (Amended 5/17)

Section 11.1

All right, title, and interest in each copy of every multiple listing compilation created and copyrighted by the Park City Multiple Listing Service, Inc. and in the copyrights therein, shall at all times remain vested in the Park City Multiple Listing Service, Inc.

Section 11.2 Display

Each participant shall be entitled to lease from the Park City Multiple Listing Service, Inc., a number of copies of each MLS compilation sufficient to provide the participant and each person affiliated as a licensee (including licensed or certified appraisers) with such participant with one copy of such compilation. The participant shall pay for each such copy the rental fee set by the association. Participants shall acquire by such lease only the right to use the MLS compilation in accordance with these rules.

Section 12 – Use of Copyrighted MLS Compilation

Section 12.0 Distribution

Participants shall, at all times, maintain control over and responsibility for any MLS compilation and shall not distribute any such copies to persons other than as authorized pursuant to the governing documents of the MLS. Use of information developed by or published by an association multiple listing service is strictly limited to the activities authorized under a participant’s licensure(s) or certification, and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey participation or membership or any right of access to information developed or published by an association multiple listing service where access to such information is prohibited by law. (Amended 4/92)

Section 12.1 Display

Participants and those persons affiliated as licensees with such participants shall be permitted to display the MLS compilation to prospective purchasers only in conjunction with their ordinary business activities of attempting to locate ready, willing, and able buyers for the properties described in said MLS compilation.

Section 12.2 Reproduction

Participants or their affiliated licensees shall not reproduce any MLS compilation or any portion thereof, except in the following limited circumstances:

Participants or their affiliated licensees may reproduce from the MLS compilation and distribute to prospective purchasers a reasonable number of single copies of property listing data contained in the MLS compilation which relate to any properties in which the prospective purchasers are or may, in the judgment of the participant or their affiliated licensees, be interested.

Reproductions made in accordance with this rule shall be prepared in such a fashion that the property listing data of properties other than that in which the prospective purchaser has expressed interest, or in which the participant or the affiliated licensees are seeking to promote interest, does not appear on such reproduction.

Nothing contained herein shall be construed to preclude any participant from utilizing, displaying, distributing, or reproducing property listing sheets or other compilations of data pertaining exclusively to properties currently listed for sale with the participant.

Any MLS information, whether provided in written or printed form, provided electronically, or provided in any other form or format, is provided for the exclusive use of the participant and those licensees affiliated with the participant who are authorized to have access to such information. Such information may not be transmitted, retransmitted, or provided in any manner to any unauthorized individual, office, or firm.

None of the foregoing shall be construed to prevent any individual legitimately in possession of current listing information, sold information, comparables, or statistical information from utilizing such information to support valuations on particular properties for clients and customers. Any MLS content in data feeds available to participants for real estate brokerage purposes must also be available to participants for valuation purposes, including automated valuations. MLSs must either permit use of existing data feeds, or create a separate data feed, to satisfy this requirement. MLSs may require execution of a third-party license agreement where deemed appropriate by the MLS. MLSs may require participants who will use such data feeds to pay the reasonably estimated costs incurred by the MLS in adding or enhancing its downloading capacity for this purpose. Information deemed confidential may not be used as supporting documentation. Any other use of such information is unauthorized and prohibited by these rules and regulations.

Section 13 – Use of MLS Information

Section 13.1 Limitations on Use of MLS Information

Information from MLS compilations of current listing information, from statistical reports, and from any sold or comparable report of the association or MLS may be used by MLS participants as the basis for aggregated demonstrations of market share or comparisons of firms in public mass-media advertising or in other public representations. This authority does not convey the right to include in any such advertising or representation information about specific properties which are listed with other participants, or which were sold by other participants (as either listing or cooperating broker).

However, any print or non-print forms of advertising or other forms of public representations based in whole or in part on information supplied by the association or its MLS must clearly demonstrate the period of time over which such claims are based and must include the following, or substantially similar, notice:

Section 13.2 (Formerly 13.A) Notice of Use of MLS Information

All print or non-print forms of advertising or other forms of public representations that are based in part on information supplied by the PCMLS must be accurate and not misleading.

No participant may use a photograph included in the MLS database for any listing, or any other purpose, except as a photograph for the listing of the original participant who submitted the photograph, without obtaining the written consent of the participant who submitted the photograph.

Each subscriber acknowledges that the certain limitations imposed on Virtual Office Websites must apply to all subscribers regardless of the means of delivery of information and services. Accordingly, no subscriber may use any content or information from the MLS database or take any actions inconsistent with these Rules and Regulations on the same basis as if such subscriber were operating a Virtual Office Website. Each subscriber agrees to cause all information and services provided to consumers to comply with the terms of these Rules and Regulations in the same manner that a Virtual Office Website must comply with such provisions.

Section 14 – Changes in Rules and Regulations

Amendments to the rules and regulations of the Service shall be by consideration and approval of the Board of Directors of the Multiple Listing Service, subject to final approval by the Board of Directors of the Park City Board of REALTORS® (shareholder).

Section 15 Reserved (Arbitration of Disputes) Section 16 Reserved (Standards of Conduct)

Section 17 – Orientation and Other Policies

Any applicant for MLS participation and any licensee (including licensed or certified appraisers) affiliated with an MLS participant who has access to and use of MLS-generated information shall complete an orientation program of four (4) classroom hours of which two (2) hours are devoted to the MLS rules and regulations and computer training related to MLS information entry and retrieval and the operation of the MLS within thirty (30) days after access has been provided. (Amended 11/04)

Participants and subscribers may be required, at the discretion of the MLS, to complete additional training of not more than four (4) classroom hours in any twelve (12) month period when deemed necessary by the MLS to familiarize participants and subscribers with system changes or enhancements and/or changes to MLS rules or policies. Participants and subscribers must be given the opportunity to complete any

mandated orientation and additional training remotely. (Amended 11/17)

Additional policies of the Park City MLS that govern the use of the system and the conduct of the Participants and Subscribers are contained in the PCMLS Policy Manual which is hereby incorporated into these Rules and Regulations by reference. In the event of a conflict in definitions, terms of use, or policies between the Policy Manual and these Rules, the Rules and Regulations shall prevail. A copy of the current PCMLS Policy Manual may be found at https://members.parkcityrealtors.com/pcmls-policy-manual/

Section 18 – Internet Data Exchange (IDX)

Section 18.0 IDX Defined

IDX affords MLS participants the ability to authorize limited electronic display and delivery of their listings by other participants via the following authorized mediums under the participant’s control: websites, mobile apps, and audio devices. As used throughout these rules, “display” includes “delivery” of such listings.

(Amended 5/17)

Participants’ consent for display of their listings by other participants pursuant to these rules and regulations must be established in writing. If a participant withholds consent on a blanket basis to permit the display of that participant’s listings, that participant may not download, frame or display the aggregated MLS data of other participants. Even where participants have given blanket authority for other participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis where the seller has prohibited all Internet display. (Amended 05/12)

Section 18.1, Authorization

Participants’ consent for display of their listings by other participants pursuant to these rules and regulations is presumed unless a participant affirmatively notifies the MLS that the participant refuses to permit display (either on a blanket or on a listing-by-listing basis). If a participant refuses on a blanket basis to permit the display of that participant’s listings, that participant may not download, frame or display the aggregated MLS data of other participants. (Amended 05/17)

Even where participants have given blanket authority for other participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis where the seller has prohibited all Internet display or other electronic forms of display or distribution. (Amended 05/17)

Section 18.2 Participation

Participation in IDX is available to all MLS participants who are REALTORS® who are engaged in real estate brokerage and who consent to display of their listings by other participants.

Section 18.2.1 MLS Access

Participants must notify the MLS of their intention to display IDX information and must give the MLS direct access for purposes of monitoring/ensuring compliance with applicable rules and policies. (Amended 05/12)

Section 18.2.2 Indexing permitted

MLS participants may not use IDX-provided listings for any purpose other than display as provided for in these rules. This does not require participants to prevent indexing of IDX listings by recognized search engines. (Amended 05/12)

Section 18.2.3 Seller direction to withhold

Listings, including property addresses, can be included in IDX displays except where a seller has directed their listing broker to withhold their listing or the listing’s property address from all display on the Internet (including, but not limited to, publicly-accessible websites or VOWs) or other electronic forms of display or distribution. (Amended 05/17)

Section 18.2.4 Selection of display

Participants may select the listings they choose to display through IDX based only on objective criteria including, but not limited to, factors such as geography or location (“uptown,” “downtown,” etc.), list price, type of property (e.g., condominiums, cooperatives, single-family detached, multi- family), or type of listing (e.g., exclusive right-to-sell or exclusive agency). Selection of listings displayed through IDX must be independently made by each participant. MLS participants and subscribers must not, and MLSs must not enable the ability to, filter out or restrict MLS listings that are searchable by and displayed to consumers based on the name of a brokerage or agent. (Amended 05/17 and 7/30/24)

Section 18.2.5 Refresh interval

Participants must refresh all MLS downloads and IDX displays automatically fed by those downloads at least once every twelve (12) hours. (Amended 11/14)

Section 18.2.6 Distribution

Except as provided in the IDX policy and these rules, an IDX site or a participant or user operating an IDX site or displaying IDX information as otherwise permitted may not distribute, provide, or make any portion of the MLS database available to any person or entity. (Amended 05/12)

Section 18.2.7 Brokerage identity

Any IDX display controlled by a participant must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. For purposes of the IDX policy and these rules, “control” means the ability to add, delete, modify and update information as required by the IDX policy and MLS rules. (Amended 05/12)

Section 18.2.8 Comments and AVMs

Any IDX display controlled by a participant or subscriber that

allows third-parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or
displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing,

either or both of those features shall be disabled or discontinued for the seller’s listings at the request of the seller. The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all displays controlled by participants. Except for the foregoing and subject to Section 18.2.9, a participant’s IDX display may communicate the participant’s professional judgment concerning any listing. Nothing shall prevent an IDX display from notifying its customers that a particular feature has been disabled at the request of the seller. (Amended 05/12)

Section 18.2.9 Receiving comments

Participants shall maintain a means (e.g., e-mail address, telephone number) to receive comments about the accuracy of any data or information that is added by or on behalf of the participant beyond that supplied by the MLS and that relates to a specific property. Participants shall correct or remove any false data or information relating to a specific property upon receipt of a communication from the listing broker or listing agent for the property explaining why the data or information is false.

However, participants shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment. (Amended 05/12)

Section 18.2.10 Comingling listings

A Participant/Subscriber may commingle listings provided in the MLS’s IDX feeds with property information from other sources, provided that all displays of the listings in the MLS’s IDX feeds are consistent with these IDX rules.

As used in this policy, “commingling“ means that consumers are able to execute a single property search of multiple sources of property information resulting in the display of combined information on a single search results page. (Amended 2/15/25)

Section 18.2.11 Manipulation of listings (moved up from 18.3.2)

Participants shall not modify or manipulate information relating to other participants’ listings. MLS participants may augment their IDX displays of MLS data with applicable property information from other sources to appear on the same webpage or display, clearly separated from the data supplied by the MLS. The source(s) of the information must be clearly identified in the immediate proximity to such data. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized fields. (Adopted 05/15)

Section 18.2.12 Identify Listing Firm/Agent – Broker Attribution

All listings displayed pursuant to IDX shall identify the listing firm, and the email or phone number provided by the listing participant in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data.* (Amended 05/17 and 2/22) (Implementation of this change was delayed until 09/22 to allow vendors time to create the appropriate mechanisms to select and display the contact information.)

* Displays of minimal information (e.g., “thumbnails”, text messages, “tweets”, etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. For audio delivery of listing content, all required disclosures must be subsequently delivered electronically to the registered consumer performing the property search or linked to through the devices application. (Amended 5/17)

Section 18.3 Display (Optional, bi-lateral rules)

Display of listing information pursuant to IDX is subject to the following rules:

Section 18.3.1 Fields for display

Listings displayed pursuant to IDX shall contain only those fields of data designated by the MLS as Public. Display of all other fields (as determined by the MLS) is prohibited. Confidential fields intended only for other MLS participants and users (e.g., showing instructions, and property security information) may not be displayed. (Amended 2/22)

Section 18.3.1.1 Listing Agreement Type

The type of listing agreement (e.g., exclusive right to sell, exclusive agency, etc.) may not be displayed.

Section 18.3.2 Manipulation of listings (Replaced by 18.2.11) Section 18.3.3 Reserved (Previous content moved to 18.2.12) Section 18.3.4 Reserved

Section 18.3.5 Subscribers authorized for IDX

Non-principal brokers and sales licensees (“IDX Agent[s]”) affiliated with IDX participants may display information available through IDX on their own websites subject to their participant’s consent and control and the requirements of state law and/or regulation.

Section 18.3.6 (Deleted 11/06)

Section 18.3.7 Source of information

All listings displayed pursuant to IDX shall show the MLS as the source of the information, as follows:

Participants (and their affiliated licensees, if applicable) shall indicate on their websites for each IDX provided listing on each webpage:

the name, telephone number and email address of the IDX participant (as listed on the MLS) in a typeface not smaller than the median used in the display of the listings on that webpage*
the following notice, which shall be placed next to the Association’s designated logo and which shall be in a typeface not smaller than the median used in the display of the listings on that webpage:

“The multiple listing information is provided by the Park City MLS, Inc., from a copyrighted compilation of listings. The compilation of listings and each individual listing are © [Current Year] Park City MLS, Inc. All Rights Reserved. Access to the multiple listing information through this website is made available by [name of the listing broker] as a member of the Park City Multiple Listing Service, Inc.”

*Displays of minimal information (e.g., “thumbnails, text messages, tweets,” etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures.

Section 18.3.8 Consumer personal use only

Participants (and their affiliated licensees, if applicable) shall indicate on their websites that IDX information is provided exclusively for consumers’ personal, non-commercial use, that it may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing, and that the data is deemed reliable but is not guaranteed accurate by the MLS.*

Section 18.3.9 Response limitation

The data consumers can retrieve or download in response to an inquiry shall be determined by the MLS but in no instance shall be limited to fewer than five hundred (500) listings or fifty percent (50%) of the listings available for IDX display, whichever is fewer. (Amended 11/17)

Section 18.3.10 Participants only

The right to display other participants’ listings pursuant to IDX shall be limited to a participant’s office(s) holding participatory rights in this MLS.

Section 18.3.11 Multiple data sources

Property information obtained from other sources must display the source from which it was obtained.

Any function to search among properties must permit a user to filter the search results based upon the source of the information (e.g., to limit results only to properties with information sourced from MLSs). (Amended 2/15/25)

Displays of minimal information (e.g., “thumbnails”, text messages, “tweets”, etc., of two hundred [200] characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures.

Note: An MLS participant (or an MLS subscriber) may co-mingle the listings of other brokers received in an IDX feed with listings available from other MLS IDX feeds, provided all such displays are consistent with the IDX rules, and the MLS participant (or MLS subscriber) holds participatory rights in those MLSs. As used in this policy, “co-mingling” means that consumers are able to execute a single property search of multiple IDX data feeds resulting in the display of IDX information from each of the MLSs on a single search results page; and that participants may display listings from each IDX feed on a single webpage or display.

Section 18.3.12 Prohibited statuses

Display of expired, withdrawn, and sold listings is prohibited. (Amended 11/15 to remove Pending status. See below.)

Display of pending listings is prohibited unless the pending listings are clearly marked on every instance of the display as “Pended” or “Under Contract”.

Section 18.3.13 Prohibited personal information

Display of seller’s(s’) and/or occupant’s(s’) name(s), phone number(s), and e-mail address(es) is prohibited.

Section 18.3.14 Security Protection

Participants are required to employ appropriate security protection such as firewalls on their websites and displays, provided that any security measures required may not be greater than those employed by the MLS. (Amended 05/12) O

Section 18.3.15 Audit trail

Participants must maintain an audit trail of consumer activity on their website and make that information available to the MLS if the MLS believes the IDX site has caused or permitted a breach in the security of the data or a violation of MLS rules related to use by consumers. Participants shall maintain an audit trail of consumer activity for a rolling consecutive twelve (12) month period. (Amended 05/12) O

Section 18.3.16 Deceptive Advertising

Deceptive or misleading advertising (including co-branding) on pages displaying IDX-provided listings is prohibited. For purposes of these rules, co-branding will be presumed not to be deceptive or misleading if the participant’s logo and contact information is larger than that of any third party. (Amended 11/09) O

Section 18.4 Service Fees and Charges

Service fees and charges for participation in IDX shall be as established annually by the Board of Directors.

Section 19 – Virtual Office Websites (VOWs)

Note: Adoption of Sections 19.1 through 19.14 is mandatory by Realtor owned MLSs.

Section 19.1 VOW Defined

A “Virtual Office Website” (VOW) is a participant’s Internet website, or a feature of a participant’s website, through which the participant is capable of providing real estate brokerage services to consumers with whom the participant has first established a broker-consumer relationship (as defined by state law) where the consumer has the opportunity to search MLS listing information, subject to the participant’s oversight, supervision, and A non-principal broker or sales licensee affiliated with a participant may, with his or her participant’s consent, operate a VOW. Any VOW of a non-principal broker or sales licensee is subject to the participant’s oversight, supervision, and accountability.
As used in Section 19 of these rules, the term “participant” includes a participant’s affiliated non- principal brokers and sales licensees — except when the term is used in the phrases “participant’s consent” and “participant’s oversight, supervision, and accountability”. References to “VOW” and “VOWs” include all Virtual Office Websites, whether operated by a participant, by a non-principal broker or sales licensee, or by an “Affiliated VOW Partner” (AVP) on behalf of a participant.
“Affiliated VOW Partner” (AVP) refers to an entity or person designated by a participant to operate a VOW on behalf of the participant, subject to the participant’s supervision, accountability, and compliance with the VOW No AVP has independent participation rights in the MLS by virtue of its right to receive information on behalf of a participant. No AVP has the right to use MLS listing information, except in connection with operation of a VOW on behalf of one or more participants. Access by an AVP to MLS listing information is derivative of the rights of the participant on whose behalf the AVP operates a VOW.
As used in Section 19 of these rules, the term “MLS listing information” refers to active listing information and sold data provided by participants to the MLS and aggregated and distributed by the MLS to participants.

Section 19.2

The right of a participant’s VOW to display MLS listing information is limited to that supplied by the MLS(s) in which the participant has participatory rights. However, a participant with offices participating in different MLSs may operate a master website with links to the VOWs of the other
Subject to the provisions of the VOW policy and these rules, a participant’s VOW, including any VOW operated on behalf of a participant by an AVP, may provide other features, information, or functions, e.g., “Internet Data Exchange” (IDX).
Except as otherwise provided in the VOW policy or in these rules, a participant need not obtain separate permission from other MLS participants whose listings will be displayed on the participant’s VOW.

Section 19.3

Before permitting any consumer to search for or retrieve any MLS listing information on his or her VOW, the participant must take each of the following steps.
1. The participant must first establish with that consumer a lawful broker-consumer relationship (as defined by state law), including completion of all actions required by state law in connection with providing real estate brokerage services to clients and customers (hereinafter, “Registrants”).

Such actions shall include, but are not limited to, satisfying all applicable agency, non-agency, and other disclosure obligations, and execution of any required agreements.

The participant must obtain the name of and a valid e-mail address for each Registrant. The participant must send an e-mail to the address provided by the Registrant confirming that the Registrant has agreed to the terms of use (described in Subsection d., below). The participant must verify that the e-mail address provided by the Registrant is valid and that the Registrant has agreed to the terms of use.

The participant must require each Registrant to have a username and a password, the combination of which is different from those of all other Registrants on the The participant may, at his or her option, supply the username and password or may allow the Registrant to establish its username and password. The participant must also assure that any e-mail address is associated with only one username and password.

The participant must assure that each Registrant’s password expires on a date certain, but may provide for renewal of the password. The participant must at all times maintain a record of the name, e-mail address, username, and current password of each The participant must keep such records for not less than one hundred eighty (180) days after the expiration of the validity of the Registrant’s password.
If the MLS has reason to believe that a participant’s VOW has caused or permitted a breach in the security of MLS listing information or a violation of MLS rules, the participant shall, upon request of the MLS, provide the name, e-mail address, username, and current password, of any Registrant suspected of involvement in the breach or violation. The participant shall also, if requested by the MLS, provide an audit trail of activity by any such Registrant.
The participant shall require each Registrant to review and affirmatively to express agreement (by mouse click or otherwise) to a “terms of use” provision that provides at least the following:
1. that the Registrant acknowledges entering into a lawful consumer-broker relationship with the participant
2. that all information obtained by the Registrant from the VOW is intended only for the Registrant’s personal, non-commercial use

that the Registrant has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW

that the Registrant will not copy, redistribute, or retransmit any of the information provided, except in connection with the Registrant’s consideration of the purchase or sale of an individual property
that the Registrant acknowledges the MLS’ ownership of and the validity of the MLS’ copyright in the MLS database.

The terms of use agreement may not impose a financial obligation on the Registrant or create any representation agreement between the Registrant and the participant. Any agreement entered into at any time between the participant and Registrant imposing a financial obligation on the Registrant or creating representation of the Registrant by the participant must be established separately from the terms of use, must be prominently labeled as such, and may not be accepted solely by mouse click.
The terms of use agreement shall also expressly authorize the MLS and other MLS participants or their duly authorized representatives to access the VOW for the purposes of verifying compliance with MLS rules and monitoring display of participants’ listings by the VOW. The agreement may also include such other provisions as may be agreed to between the participant and the

Section 19.4

A participant’s VOW must prominently display an e-mail address, telephone number, or specific identification of another mode of communication (e.g., live chat) by which a consumer can contact the participant to ask questions or get more information about any property displayed on the VOW. The participant or a non-principal broker or sales licensee licensed with the participant must be willing and able

to respond knowledgeably to inquiries from Registrants about properties within the market area served by that participant and displayed on the VOW.

Section 19.5

A participant’s VOW must employ reasonable efforts to monitor for and prevent misappropriation, scraping, and other unauthorized uses of MLS listing information. A participant’s VOW shall utilize appropriate security protection such as firewalls as long as this requirement does not impose security obligations greater than those employed concurrently by the MLS.

Note: MLSs may adopt rules requiring Participants to employ specific security measures, provided that any security measure required does not impose obligations greater than those employed by the MLS.

Section 19.6

A participant’s VOW shall not display the listings or property addresses of any seller who has affirmatively directed the listing broker to withhold the seller’s listing or property address from display on the The listing broker shall communicate to the MLS that the seller has elected not to permit display of the listing or property address on the Internet. Notwithstanding the foregoing, a participant who operates a VOW may provide to consumers via other delivery mechanisms, such as e-mail, fax, or otherwise, the listings of sellers who have determined not to have the listing for their property displayed on the Internet.
A participant who lists a property for a seller who has elected not to have the property listing or the property address displayed on the Internet shall cause the seller to execute a document that includes the following (or a substantially similar) provision.

Seller Opt-out Form

I have advised my Broker or Agent that I  DO /  DO NOT (Check One) want my listed property displayed and/or advertised by the Broker, the Agent, or the PCBR-MLS on the Internet.

Internet Advertising Options

(Skip This Section If You Chose “DO NOT” To Allow Your Property To Be Advertised On The Internet)

Address on the internet – Seller may choose whether to allow the PCBR-MLS to make the address of the listing available to be displayed on authorized VOW & IDX websites.
- Allow the property address to appear on the internet?  Yes /  No

Participation in IDX – An IDX (Internet Data Exchange) website (explained in Section I). The IDX feed is available to ALL active subscribers to the PCBR-MLS for use in each of their respective, properly licensed and controlled, IDX websites.
- Include the property in the IDX feed available to ALL PCBR-MLS subscribers?  Yes /  No

com – All properties on the PCBR-MLS are normally sent to, and displayed upon, REALTOR.com
- Display the property on com?  Yes /  No

Automated Comments – An IDX site or VOW may have a feature that allows the posting of third party comments or reviews about listings on, or from, their website.
- Allow Comments & Reviews of the property to appear on IDX & VOW websites?  Yes /  No

Automated Valuations – An IDX site or VOW may have a feature that allows the display of an automated estimate of the market value of the listing on, or from, their website.
- Allow Automated Estimates of the property’s value to appear on IDX & VOW websites?  Yes /  No

Initials of Seller

The participant shall retain such forms for at least one (1) year from the date they are signed or one (1) year from the date the listing goes off the market, whichever is greater.

Section 19.7

Subject to Subsection , below, a participant’s VOW may allow third-parties:
1. to write comments or reviews about particular listings or display a hyperlink to such comments or reviews in immediate conjunction with particular listings, or
2. to display an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing.
Notwithstanding the foregoing, at the request of a seller, the participant shall disable or discontinue either or both of those features described in Subsection a. as to any listing of the seller. The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all participants’ Subject to the foregoing and to Section 19.8, a participant’s VOW may communicate the participant’s professional judgment concerning any listing. A participant’s VOW may notify its customers that a particular feature has been disabled at the request of the seller.

Section 19.8

A participant’s VOW shall maintain a means (e.g., e-mail address, telephone number) to receive comments from the listing broker about the accuracy of any information that is added by or on behalf of the participant beyond that supplied by the MLS and that relates to a specific property displayed on the VOW. The participant shall correct or remove any false information relating to a specific property within

forty-eight (48) hours following receipt of a communication from the listing broker explaining why the data or information is false. The participant shall not, however, be obligated to correct or remove any data or information that simply reflects good faith opinion, advice, or professional judgment.

Section 19.9

A participant shall cause the MLS listing information available on its VOW to be refreshed at least once every three (3) days.

Section 19.10

Except as provided in these rules, in the National Association of Realtors®’ VOW policy, or in any other applicable MLS rules or policies, no participant shall distribute, provide, or make accessible any portion of the MLS listing information to any person or entity.

Section 19.11

A participant’s VOW must display the participant’s privacy policy informing Registrants of all of the ways in which information that they provide may be used.

Section 19.12

A participant’s VOW may exclude listings from display based only on objective criteria, including, but not limited to, factors such as geography, list price, or type of property. (Amended 02/22 deleting comp and Realtor status)

Section 19.13

A participant who intends to operate a VOW to display MLS listing information must notify the MLS of its intention to establish a VOW and must make the VOW readily accessible to the MLS and to all MLS participants for purposes of verifying compliance with these rules, the VOW policy, and any other applicable MLS rules or policies.

Section 19.14

A participant may operate more than one VOW himself or herself or through an AVP. A participant who operates his or her own VOW may contract with an AVP to have the AVP operate other VOWs on his or her behalf. However, any VOW operated on behalf of a participant by an AVP is subject to the supervision and accountability of the participant.

Note: Adoption of Sections 19.15 through 19.19 is at the discretion of the MLS. However, if any of the following sections are adopted, an equivalent requirement must be imposed on participants’ use of MLS listing information in providing brokerage service through all other delivery mechanisms.

Optional VOW Provisions adopted by PCMLS and equally applicable to all other delivery methods:

Section 19.15

A participant’s VOW may not make available for search by or display to Registrants any of the following information (Amended 7/30/24):

expired and withdrawn listings

Note: Due to the 2015 changes in IDX policy and the requirement that participants be permitted to make MLS listing information available to Registrants of VOW sites where such information may be made available via other delivery mechanisms, MLSs can no longer prohibit the display of pending (“under contract”) listings on VOW sites.

the type of listing agreement, e., exclusive right-to-sell or exclusive agency
the seller’s and occupant’s name(s), phone number(s), or e-mail address(es)

instructions or remarks intended for cooperating brokers only, such as those regarding showings or security of listed property
sold information, including sale prices of sold properties (Confirmed 02/22)

Section 19.16

A participant shall not change the content of any MLS listing information that is displayed on a VOW from the content as it is provided in the MLS. The participant may, however, augment MLS listing information with additional information not otherwise prohibited by these rules or by other applicable MLS rules or policies, as long as the source of such other information is clearly identified. This rule does not restrict the format of display of MLS listing information on VOWs or the display on VOWs of fewer than all of the listings or fewer than all of the authorized information fields.

Section 19.17

A participant shall cause to be placed on his or her VOW a notice indicating that the MLS listing information displayed on the VOW is deemed reliable, but is not guaranteed accurate by the MLS. A participant’s VOW may include other appropriate disclaimers necessary to protect the participant and/or the MLS from liability.

Section 19.18

A participant shall cause any listing that is displayed on his or her VOW to identify the name of the listing firm, the listing broker or agent, and the email or phone number provided by the listing participant in a readily visible color, in a reasonably prominent location, and in typeface not smaller than the median typeface used in the display of listing data. (Amended 02/22) (Implementation of this change has been delayed until 09/22 to allow vendors time to create the appropriate mechanisms to select and display the contact information required by Broker Attribution.)

Section 19.19

A participant shall limit the number of listings that a registrant may view, retrieve, or download to not more than 500 current listings or fifty percent (50%) of the listings in the MLS, whichever is less, and not more than 500 sold listings in response to any inquiry.

Note: Adoption of Sections 19.20 through 19.25 is at the discretion of the MLS. It is not required that equivalent requirements be established related to other delivery mechanisms.

Optional VOW Provisions adopted by PCMLS but not applicable to other delivery methods:

Section 19.20

A participant shall require that registrants’ passwords be reconfirmed or changed every 180 days or fewer at their discretion. Participants may, at their option, require Registrants to reconfirm or change passwords more frequently.

Section 19.21

A participant may display advertising and the identification of other entities (“co-branding”) on any VOW the participant operates or that is operated on his or her behalf. However, a participant may not display on any such VOW deceptive or misleading advertising or co-branding. For purposes of this section, co-branding will be presumed not to be deceptive or misleading if the participant’s logo and contact information (or that of at least one participant, in the case of a VOW established and operated on behalf of more than one participant) is displayed in immediate conjunction with that of every other party, and the logo and contact information of all participants displayed on the VOW is as large as the logo of the AVP and larger than that of any third party.

Section 19.22

A participant shall cause any listing displayed on his or her VOW obtained from other sources, including from another MLS or from a broker not participating in the MLS, to identify the source of the listing.

Section 19.23 – Removed 2/15/25 Section 19.24

Participants and the AVPs operating VOWs on their behalf must execute the license agreement required by the MLS.

Section 19.25

Where a seller affirmatively directs his or her listing broker to withhold either the seller’s listing or the address of the seller’s listing from display on the Internet, a copy of the seller’s affirmative direction shall be provided to the MLS within forty-eight (48) hours.

Section 20 – Lock Box Requirements

Section 20.1 Lock Boxes and Lock Box Keys

A lock box is a portable container temporarily attached to a property included in the MLS (“Lock Box”) containing a key or other device to gain access to the property included in the MLS (“Property Access Device”). The Property Access Device contained in the Lock Box may be accessed by a key or key pad (“Lock Box Key”).

20.1.1 Who may lease Keys

Only Participants and Agent Subscribers may lease or purchase Lock Boxes from the PCMLS and only in accordance with a lease agreement acceptable to the PCMLS. Only participants, agent subscribers, appraiser subscribers, and their appraiser trainee subscribers, and affiliate members of the MLS who are photographers or home inspectors are authorized to lease or purchase Lock Box Keys and use the Lock Box Keys to open Lock Boxes. PCMLS may, at its sole discretion, establish policies defining the requirements an applicant must meet in order to be authorized to receive and use a Lock Box Key.

Such requirements shall be published in the PCMLS Policy Manual.

20.1.2 Opening Lock boxes to show property

Lock Boxes may be opened only in accordance with policies established by the MLS and under terms specified by the listing broker, cooperating brokers and agent subscribers, whether functioning as subagents of the listing broker or as agents of potential purchasers, must contact the listing brokers to disclose their agency status and to arrange appointments to show listed property even if the property has a Lock Box affixed to it, unless the listing broker has given specific permission (through information published in the MLS or otherwise) to show the property without first contacting the listing broker.

Section 20.2 Lock Box Availability and Use:

Lock Boxes will be made available as provided in this Section. Lock Boxes will only be affixed to properties being marketed by participants. Lock Boxes may be placed on a property only with the written consent of the owner of that property. Lock Boxes placed on unauthorized properties or Lock Boxes placed on properties without the written consent of the owner, may be seized by the MLS. Properties which have a Lock Box affixed to them should be so noted on the MLS data input form. If Lock Box is marked, the Listing Broker also must mark a second field indicating whether the showing cooperating broker is to call owner, call listing office, call occupant, management company, or vacant.

20.2.1 Access to MLS Listed Properties.

If a Participant or Subscriber places one or more lockboxes and/or other property access devices on a property that is the subject of a Listing in the PCMLS, at least one of the lockboxes and/or access devices must be accessible to all Participants and Subscribers of the PCMLS. The purpose of this rule is to ensure that Participants and Subscribers have timely access to the properties listed in the MLS.

(Adopted 7/20)

Section 20.3 Lock Boxes Security Requirements (NAR MLS Policy Statement 7.31, Handbook Section H):

Eligibility for coverage under the National Association of REALTORS®’ blanket errors and omissions insurance program is contingent on compliance with the following security measures:

(Formerly 3.a) Types of keys.

Any physical or electronic key, programmer, or other device (hereinafter referred to as key) by which a lock-box can be opened, must be non-duplicative. Being non-duplicative means that it cannot be readily copied in the manner that other types of keys ordinarily are. (Adopted 5/17)

A mobile device (such as, a smart phone, tablet, fob, etc.) can transmit a key to access a lockbox using standard protocols, including Bluetooth, ZigBee, infrared technology, and others. The applications and software used by mobile devices must contain security controls to allow only authorized users access to the lockbox. (Adopted 5/17)

The listing broker or agent can issue temporary codes/access to the lockbox and property on terms and conditions agreed to in advance by the seller. Temporary codes/access must expire within seventy-two (72) hours after being issued or must be under the control of the listing broker or agent. Temporary codes must be a minimum field size of five (5) characters. (XXXXX). (Adopted 5/17)

(Formerly 3.b) Security protocols.

Keys must be obtained from the original manufacturer, from a recognized vendor of lock-box systems or from any other legitimate source. Prior to utilizing previously used keys, lids, or boxes, associations and MLSs must obtain sufficient information from the original manufacturer and surrounding associations and MLSs in order to determine whether the key’s pattern, code, or configuration is currently already in use. (Adopted 5/17)

Electronic lockboxes and electronic keys running on mobile devices must incorporate security protocols to prevent the following types of cyber-attacks:

where an unauthorized user can override or escalate their security credentials
where the communication session between the electronic lockbox and key are recorded and played back later to gain unauthorized access
forging of electronic credentials that could allow an unauthorized user the ability to masquerade as an authorized user
digitally signed updates to electronic keys running on mobile devices or electronic lockbox firmware plus a secured update process to prevent unauthorized software from being introduced into the lockbox system
transmission(s) of frequencies to deceive the lockbox electronics into opening (Adopted 05/17)

(Formerly 3.c) Availability of lockbox system and keys.

Any lock-box system must be designated as either an activity of an association of REALTORS® or an association-owned and operated MLS. The Lock Box system is hereby designated as an activity of the PCMLS. (Amended 5/17)

Every MLS participant and every non-principal broker, sales licensee and licensed or certified appraiser who is affiliated with an MLS participant and who is legally eligible for MLS access shall be eligible to hold a key subject to their execution of a lease agreement with the MLS.

Key lease agreements executed by non-principal brokers, sales licensees, unlicensed personal assistants, administrative and clerical staff, and licensed, certified, or those seeking to be licensed or certified as appraisers, must also be cosigned by the designated REALTOR® or the office’s broker

of record. Lease agreements shall spell out the responsibilities of the parties and shall incorporate by reference any applicable rules or regulations or other governing provisions of the association or MLS that relate to the operation of the lock box system. The lease agreement shall also provide that keys may not be used under any circumstances by anyone other than the keyholder except as provided elsewhere in this statement of policy. (Adopted 5/17)

PCMLS will lease keys to affiliate members of associations who are actively engaged in a recognized field of real estate practice or in related fields. In such instances, the lease agreement shall be signed by the keyholder and by a principal, partner, or corporate officer of the keyholder’s firm. (Amended 05/17)

PCMLS may, at its sole discretion and decision, refuse to sell or lease lock box keys, may terminate existing key lease agreements, and may refuse to activate or reactivate any key held by an individual who has been convicted of a crime within the past seven (7) years under the following circumstances:

The association or MLS determines that the conviction(s) relates to the real estate business or puts clients, customers, other real estate professionals, or property at risk, for example through dishonest, deceptive, or violent acts; and (Amended 5/17)
The association or MLS gives the individual an opportunity to provide and the association or MLS must consider mitigating factors related to the individual’s criminal history, including, but not limited to, factors such as:
- the individual’s age at the time of the conviction(s);
- nature and seriousness of the crime;
- extent and nature of past criminal activity;
- time elapsed since criminal activity was engaged in;
- rehabilitative efforts undertaken by the applicant since the conviction(s);
- facts and circumstances surrounding the conviction(s); and
- evidence of current fitness to practice real (Amended 5/17)

Associations and MLSs should be sure to evaluate individuals uniformly, and avoid making exceptions for one individual while denying an exception to another individual with a similar criminal history.

(Amended 5/17)

Associations or MLSs may suspend the right of lock box keyholders to use lock box keys following their arrest and prior to a final determination on any such charge if, in the determination of the association or MLS, the charge relates to a crime that relates to the real estate business or puts clients, customers, other real estate professionals, or property at risk. (Amended 5/17)

(Formerly 3.e) Non Member Key Fee.

No one shall be required to lease a Lock Box Key from the MLS, except on a voluntary basis. In addition to any other fees, costs, and expenses owing in connection with a Lock Box or Lock Box Key, any participant or subscriber who is not a member of the association shall pay a $75.00 annual administrative fee to the MLS for the use of a Lock Box and/or Lock Box Key.

(Formerly 3.f) Audit requirement.

Associations or MLSs shall maintain current records as to all keys issued and in inventory, including registered users accessing lockboxes through applications and software used by mobile devices.

There shall be an audit, at least annually, of all keys, whether issued or in inventory. This requirement may be satisfied by a physical inventory or, alternatively, by receipt of a statement signed by the keyholder and the designated Realtor®, broker of record, or, in the case of an affiliate member, by a principal, partner, or corporate officer of the keyholder’s firm, attesting that the key is currently in possession of the keyholder. (Amended 05/17)

If, at the time of inventory, a key is unaccounted for, or if a keyholder refuses or is unable to demonstrate that the key is within their physical control, then the key will be considered unaccounted for and any funds on deposit will be forfeited to the association.

(Formerly 3.g) Seller authority required.

Lockboxes may not be placed on a property without written authority from the seller. This authority may be established in the listing contract or any other written document. Inclusion in MLS compilations cannot be required as a condition of placing lock-boxes on listed property. (Amended 05/17)

(Formerly 3.h) Reporting missing keys.

PCMLS charges keyholders and their cosignatories with the joint obligation of immediately reporting lost, stolen, or otherwise unaccounted-for Lock Box keys. Upon receipt of notice of a missing key,

PCMLS will immediately take any and all steps deemed necessary to resecure the Lock Box system. (Amended 05/17)

(Formerly 3.i) Disciplinary action.

PCMLS reserves the option to deactivate a Lock Box Key, and to take other disciplinary action against a Lock Box Key holder, as set forth in the Schedule of Fines & Sanctions for MLS Violations, if a Lock Box Key holder loans or transfers a Lock Box Key to any unauthorized person or entity, including but not limited to customers, clients, non-participants, family and friends, or uses the Lock Box Key for any unauthorized purpose.

(Formerly 3.j) Rules and procedures governing lockbox systems.

All keyholders, whether or not they are association members or MLS participants, shall agree, as a condition of the key lease agreement, to be bound by the rules and procedures governing the operation of the lock-box system. (Amended 5/17)

(Formerly 3.l) Issuing electronic programmers or keypads on temporary basis.

In the event electronic lock-box programmers or keypads are sold or leased, a designated REALTOR® principal or an office’s broker of record may purchase or lease additional programmers or keypads to be issued on a temporary basis to other keyholders in the same office in the event their programmer or keypad becomes non-functional outside normal business hours or under circumstances where a replacement programmer or keypad is not reasonably available from the issuing association or MLS. When a programmer or keypad is issued on a temporary basis, it shall be the responsibility of the REALTOR® principal or the broker of record to advise the association or MLS in writing that the programmer or keypad has been issued, to whom, and the date and time of issuance within forty- eight (48) hours. It shall also be the responsibility of the Realtor® principal or the broker of record to advise the association or MLS in writing within two (2) business days after possession of the previously issued programmer or keypad has been reassumed.

Section 20.4 Terminations:

Effective with the disassociation of the Lock Box Key holder from the MLS, or as an affiliate of the Association, the key will be deactivated.

Rules and Regulations of the

Park City Multiple Listing Service, Inc.

Appendix I – Statuses

Status	Definition of and Rules affecting each Status	IDX Feed
Active	The listing is available for sale or lease and no offers (with or without contingencies) have been accepted. A listing in the “Active” status must be available for showings within a reasonable period of time (which generally means within five business days) after the listing has been placed in the Active status. This is an on-market status, and Days on Market (“DOM”) will accumulate.	Yes

Active Reservation	The listing is available for sale or lease and no offers (with or without contingencies) have been accepted, HOWEVER the property does not yet have an approved plat map or tax ID number. Contracts to purchase are contingent upon completing the platting and tax identification process and closing will occur after completing that process. If the plat is approved and tax ID number assigned before an offer is received and accepted, the status should be changed to straight Active. This is an on-market status, and Days on Market (“DOM”) will accumulate.	No

Pending Reserved	Reserved is the equivalent of Pending for properties that were previously in the Active- Reservation status because of the lack of an approved plat and tax ID. Once Plat and Tax ID are assigned and approved, property should be changed to Pending until such time as it closes. DOM & CDOM are both halted until the listing moves to a closed status (Closed or Undisclosed) or returns to an Active status (in which case they both resume from their previous count).	No

Active – Short Sale	Fully Active listing in which the List Price is below the current mortgage amount and the Seller has given notice that Seller cannot, or will not, cover the difference in the final settlement. NOTE: Only those that will not, or might not, cover the difference are required to use this status. A seller of an underwater property, that *will* make up the difference can choose whether, or not, to place the property in this status.	Yes

Active – Short Sale Under Review	Active short-sale listing that has an offer that has been accepted by the Seller, but has not yet obtained consent from the mortgage holder. This status should be used whenever the Seller and the Lender both wish to continue marketing the property in search of a better offer while the first is being considered. NOTE: Every Short Sale Listing that goes under contract must use either Active – Short Sale Under Review, or Pended (use pended if the bank does not wish to	Yes

Status	Definition of and Rules affecting each Status	IDX Feed
	consider other offers until they have dealt with the current offer). Other prospective Buyers must be put on notice that there is already an accepted offer on the table.

Time Clause	Any listing that is under contract with a contingency allowing the Seller to continue marketing the property in search of a better offer while the Buyer completes some element that they deemed necessary to complete before their earnest money becomes non-refundable. For example: Buyer needs to sell their house, obtain permission from a Trustee, wants a long inspection period, or needs a long loan period in a hot market. The Time Clause status — when negotiated — allows the Seller to continue marketing the property and, if a new contract is executed, gives the original Buyer a certain time period (e.g., 72 hours) to either remove the contingency from the original agreement or give up the property to the new Buyer. Once the contingency has been removed, the property must be immediately moved to Pended. DOM & CDOM are both halted. If listing returns to an Active status both resume counting from their previous count. Note: This status may not be used without a formally bargained for, and signed, agreement between the parties. A unilateral decision, by either party, to treat the contract as a Time-Clause will result in a fine and the listing will be changed to Pended. Time Clause listings may be marketed via open houses. (Amended 11/20)	Yes

Pending	Listings that have an offer that has been accepted by the Seller. Time-Clause contracts may be put in Pending if both parties agree, in writing, to forgo the negotiated Time-Clause status. Short Sale contracts that have been put under contract by the Owner, but have not been approved by the Lender, may be put in Pending if the lender does not wish to have other offers presented while they are dealing with the accepted offer, or they may be put in Active Short Sale – Under Review if the lender wants the Agent to continue marketing while they are reviewing the first contract. Agreements that have negotiated Time Clauses should not be put in Pending until the contingencies have been removed. At that point, the status MUST be changed to Pending. Developers and their brokers representatives are required to enter Pending transactions for new construction that may be sold, subject to a listing agreement,	Yes

Status	Definition of and Rules affecting each Status	IDX Feed
	even if the property is not specifically listed in the Service (e.g. model is listed but lot or home is sold from inventory). (Effective 5-1-20 – Clear Cooperation Policy) DOM & CDOM are both halted until the listing moves to a closed status (Closed or Undisclosed) or returns to an Active status (in which case they both resume from their previous count). Pending listings may be marketed via open houses. (Amended 11/20)

Closed	The Real Estate Purchase Contract has been fulfilled, the contract has been closed by the title company, and the price has been disclosed to the MLS. DOM & CDOM are both terminated. Closed listings may NOT be marketed via open houses. (Amended 11/20)	No

Undisclosed Sales Price	The Real Estate Purchase Contract has been fulfilled and the contract has been closed by the title company; however, the Buyer and Seller have agreed (using the PCMLS approved form) to not disclose the purchase price on the MLS (or to any other entity). Form Link: http://bit.ly/2V7Q8Ze DOM & CDOM are both terminated. Note: The Listing Agent must provide the signed Authorization for Non-Disclosure of Sale Price, along with the date of the transaction, the finance terms and a check for the required non-disclosure fee payable to PCMLS in order for the status to be changed to Undisclosed Sales Price.	No

Withdrawn (with Valid Contract)	The actual listing agreement is valid, but the Seller wishes to temporarily remove the listing from the MLS (Active Status) and associated IDX feeds. This may be done because the Seller is trying to fix something, has family in town, is going on vacation, or any other situation that creates a temporary need for a listing to not be attracting attention. Other Agents that have a potential Buyer may contact the Listing Agent and find out how firm the Seller is on not being disturbed with showings or offers. A valid Listing Agreement is in place. Other Agents are prohibited from soliciting the Seller in any fashion not allowed under an Active Listing. DOM & CDOM are both halted until the listing returns to an Active status and then resume from their previous count, not counting the time when the listing was in Withdrawn status. For Sale signs are permitted under the Clear Cooperation Policy. (Amended 5/20) Withdrawn listings may not be advertised and open houses may not be held. (Amended 9/20)	No

Status	Definition of and Rules affecting each Status	IDX Feed
	NOTE: Despite the terminology, the listing is not actually removed from the MLS, it is merely temporarily no longer Active.

Cancelled Contract Ended (formerly Withdrawn Contract Cancelled)	The Listing Agreement has been cancelled and the Seller is free to sign a listing agreement with another Agent. Other Agents may solicit the Seller. DOM Terminates CDOM is suspended but will pick up again if the property is listed on the PCMLS within 90 days. CDOM is terminated if the property is not relisted within 90 days. Cancelled listings may not be advertised and open houses may not be held. (Amended 11/20) NOTE: Despite the terminology, the listing is not actually removed from the MLS, it is merely no longer Active.	No

Expired	The Listing Agreement has run its term and the agreement is no longer in effect. DOM Terminates CDOM is suspended, but will pick up again if the property is listed with this, or another, agent within 90 days. CDOM is terminated if the property is not relisted within 90 days. Expired listings may not be advertised, and open houses may not be held. (Amended 11/20)	No

NOTE on ALL STATUSES	Except to correct data entry errors (within reasonable time limits), PCMLS does not remove any listing, regardless of the status, from the MLS without a court order. Statuses may be amended and updated, but listings are not removed.

Rules and Regulations of the

Park City Multiple Listing Service, Inc.

Appendix II – Property Types and Sub-types

Residential

Properties that have a primary purpose as a home, either primary or secondary, and which are owned in their entirety by a single individual or entity. Residential properties are divided into two TYPES:

TYPE: Single Family Residence (SFR)

A single-family residence, or SFR, is a home where the structure and the land upon which it sits are owned (fee simple) by a single person, two or more persons in any form of joint ownership, or a single entity (e.g. LLC or Trust). (Language in this paragraph amended with addition of “Attached” as a SFR sub-type 5/14/21)

In PCMLS, Single Family Residences can be one of four SUB-TYPES:

Detached:

A stand-alone structure, not contiguous with any other residential structure.

Attached:

Farm:

A single-family residence that shares a common wall with another (commonly called a Twin-Home) but that does not belong in the Condo Type because there is no shared ownership of common areas. (added 5/14/21)

Multi-Unit:

A residence situated on land meant for and currently being used for agricultural purposes. When used as a Residential Sub-Type, Farm refers to agricultural property of sufficient size to produce food or maintain livestock on which a residential home is situated. A farm is most often defined by local zoning and permitting.

A multi-unit building is one with multiple living quarters (two, three or four) but the building itself is one property with one deed, one owner, and in some cases one mortgage loan. If the units are sold separately, they are rightfully classified as Condo properties.

Multi-unit buildings come in three sizes: Duplex (two units), Triplex (three units), or Quad- plex (four units). If a building has more than four units, it is considered Commercial and not Residential.

TYPE: Condominium (or Condo)

Under Utah law, “Condominium means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property.” A condominium (or condo for short) is a single building or a community of buildings with separate units owned by individual residents.

Condos can vary in size or style, ranging from individual homes to high-rises, but they often share walls with adjacent units. Residents own and maintain the interior of their unit but don’t own the property on which it sits. The exterior, lawn, and shared spaces are maintained by the Homeowners Association or HOA. Shared insurance costs are factored into the dues paid to the HOA. However, residents are responsible for their individual homeowner’s insurance. Condominium residences can be one of two SUB-TYPES:

Townhouse:

A townhouse or townhome is an architectural style of single-family home that shares one or more walls with other independently owned units. They are often (but not always) built in rows of uniform homes, two stories or taller. A townhouse can be a single-story structure. A townhouse may or may not involve membership in the community’s homeowners’ association. Such an association may levy fees on homeowners to cover maintenance costs for commonly shared areas.

Stacked/Multi-Level:

Units are configured in a structure with multiple floors and multiple units per floor, each sharing at walls and often floors or ceilings with other units, like an apartment building.

PUD (Planned Unit Development)

Either a type of building development with both residential and commercial property types or a regulatory process.

As a building development, it is a designed grouping of both varied and compatible land uses, such as housing, recreation, commercial centers, and industrial parks, all within one contained development or subdivision.

PUD as a regulatory process is a means of land regulation which promotes large scale, unified land development by means of mid-range, realistic programs in chase of physically curable, social and economic deficiencies in land and cityscapes.

As used in PCMLS, PUD refers only to the property development, but because of its mixed-use nature it is

NOT included as a property type. PUD properties are identified in the PROPERTY DESCRIPTION field.

Land

Land is real estate upon which a residence of any type has not yet been built. Land has five SUB-TYPES:

SUB-TYPE: Acreage

Vacant land of one acre or more in size and not zoned for any particular use and without any habitable structures. (Note: parcels smaller than one acre should be marked with sub-type of Residential or Other. See definitions below.)

SUB-TYPE: Commercial

Vacant land zoned to allow the construction and operation of a commercial enterprise and buildings.

SUB-TYPE: Farm & Ranch w/o Dwelling

Vacant land zoned to allow the construction of a residence and which allows the operation of a commercial farming or ranching enterprise.

SUB-TYPE: Multi-Family

Vacant land of any size upon which zoning would permit building one or more multi-family residential structures.

SUB-TYPE: Residential

Vacant land of any size upon which zoning would permit building a residential dwelling of either the Single- Family Residence or Multi-Unit types (see above).

SUB-TYPE: Other

Vacant land of less than one-acre in size but not buildable and therefore not qualified for “Residential” sub- type. (Added January 2, 2020)

Fractional Interest

Properties with multiple owners in which ownership is shared among several unrelated parties.

It can be done for strictly monetary reasons, but typically there is some amount of personal access involved. One of the main motivators for a fractional purchase is the ability to share the costs of maintaining an asset that will not be used full-time by one owner. Ownership is proportionally divided and usage time periods in which each owner is entitled to use of the residence are allocated proportional to the ownership interests. However, these are NOT time-shares. Fractional ownership affords much of the freedom and usage benefits offered in timeshare, however, the fundamental difference with fractional ownership is that the purchaser owns part of the title (as opposed to units of “time”).

Commercial Sale

Commercial properties of all types for sale. Commercial land for sale may be included in this property type or may be listed under the LAND property type with the SUB-TYPE of Commercial.

Commercial Lease

Commercial properties of all types for lease.

Residential Rental

Properties offered for rent on a lease term of 90 days or more must be entered into the service if the rental is offered by a participant or subscriber and if the offer is covered by a listing contract. If a participant or subscriber is merely facilitating the advertising of such a property on behalf of a client or customer, with no formal listing agreement in place, the property may not be entered into the service. (Amended 7/30/24)

Rules and Regulations of the

Park City Multiple Listing Service, Inc.

Appendix III – Concessions

Concessions Summary – Compensation offers moved off MLS (8/14/24)

If you have followed the news reports, you know that NAR will allow certain concessions to be requested by a buyer or offered by a seller to a buyer. Such concessions are subject to negotiation during the contract consideration period. Some MLSs have added fields to the MLS that would facilitate such concessions. PCMLS considered adding these fields but declined to do so. The PCMLS leadership felt the possibility of concessions between the parties is a subject better discussed between agents during the contract negotiations period rather than announced or advertised within the listing.

Concessions paid to the buyer may continue to be reported upon the sale of a property in the seller concessions field. Concessions offered to be paid to the buyer may be advertised within the MLS in the agent remarks and/or public remarks sections of the MLS, however such entries must comply with the guidelines set forth in the practice changes and may NOT be used as a substitute for the removed compensation fields.

NAR has agreed to put in place a new rule prohibiting offers of compensation on an MLS. Offers of compensation will continue to be an option agents and brokers can pursue off-MLS through negotiation and consultation with other real estate professionals. And sellers can offer buyer concessions on an MLS (for example—”concessions for buyer closing costs”). This change has been in effect at PCMLS since 7/30/24. The following are some of the questions members have had. The numbers below refer to: https://www.nar.realtor/the-facts/nar-settlement-faqs but are subject to change as the FAQ page is updated.

34. How will offers of compensation be communicated if brokers can’t use MLSs? Doesn’t this just make broker compensation less transparent?

Offers of compensation could continue to be an option consumers can pursue off-MLS through negotiation and consultation with real estate And sellers can offer buyer concessions on an MLS (for example—concessions that can be used for buyer closing costs).
The settlement does not change the ethical duties that NAR members owe their

43. Can a listing broker communicate offers of compensation on a broker website which has an IDX or VOW feed?

Yes, MLS Participants may augment MLS data or data feeds with offers of compensation to buyer brokers or other buyer representatives for only listings of their own brokerage.

86. Is there an NAR MLS policy about seller concessions?

No, MLSs will continue to have local discretion on seller This includes determining what local rules to have about seller concessions, except under the settlement an MLS must ensure that the seller concessions are not limited to or conditioned upon the retention of or payment to a cooperating broker, buyer broker, or other buyer representative.

87. Can an MLS have a Yes/No seller concession field that indicates whether a seller is offering any concession?

This is one of the options available (but not required) under the settlement, However, PCMLS leadership has decided that such a field is not needed in this market and has not created such a

89. Can I choose to publish my cooperative commission offer in the agent remarks?

The new rules prohibit offers of compensation anywhere on PCMLS.

91. Will seller concessions communicated on an MLS be binding on the seller?

As a general matter, seller concessions usually ARE NOT binding until they are established in an executed contract such as a listing agreement or a purchase contract.

92. Can the seller concession be a total sum or the percentage of the purchase price?

The concession offer can be either (total or percentage) so long as the seller concessions are not limited to or conditioned upon the retention of or payment to a cooperating broker, buyer broker, or other buyer representative.

What can I say? Where can I say it?

The issue of seller concessions to the buyer will continue to be the focus of many inside and outside the industry for some time to come. PCMLS recommends that brokers and their agents strictly adhere to the rules, policies and limitations on concessions being offered. That said, the following are examples of language that can be used in the MLS to indicate potential availability of concessions. These options may be included in either the Public Remarks or the Private/Confidential Remarks.

Seller is open to concession requests
Seller willing to consider any/all concession requests
Seller concessions available up to XX% of final sale price
Seller concessions available up to $x,xxx
Seller offers up to (XX% or $X,XXX) toward buyer’s closing costs

Also, the restriction that offers of compensation may not be conveyed through the MLS does not preclude the use of other communication channels to advertise this information. Agents may

Send direct email messages to other agents with compensation offers (however the use of eBlast service, since that service is provided by the PCMLS, is not allowed).
Post notices on your agent or brokerage website, even if you offer property search with IDX data (so long as you do not include offers from other agents/brokers – just your own)
Post announcements on social media (Facebook, Twitter/X, Instagram) so long as your account does not aggregate or display such offers from other agents/brokers.
Telephone other agents, leave voicemail
Post yard signs or sign riders announcing compensation or concessions (if allowed by local ordinance)
Hand out flyers at open houses

A reminder about your existing listings. The unilateral of cooperation and compensation continued in force through Sunday, July 28. Brokers and agents are obligated to honor those offers at closing for any property that was under contract/Pending on PCMLS prior to midnight Sunday. For any other listing in any other status, brokers are advised to counsel their agents to confirm the cooperative commission offer in writing prior to contract acceptance.

The policy changes were reviewed by the NAR MLS Emerging Issues and Technology Advisory Board and adopted by the NAR Leadership Team. For additional information go to: https://www.nar.realtor/the-facts.

If you have questions about any of these changes, please contact the Park City Board of Realtors at Help@ParkCityRealtors.com or call the board office at 435-200-6900.

This policy was last updated 8/13/24,