Attachment A
Service Fees, Charges and Fines
Fees, charges and fines are subject to change, in both amount and nature, by the Board of Directors. No application fee, listing fee, participation fee or other charges or fines required to be paid by a Participant or Subscriber shall be refunded or waived, except on approval of the Service, which approval the Service may grant or withhold in its absolute discretion.
RECURRING SERVICE FEES FOR PARTICIPANTS AND SUBSCRIBERS
The Board of Directors shall designate the amount of such fees from time to time.
ALTERNATIVE LEVELS OF ACCESS
The following levels of access are alternative forms of access to Service data, information and Images and are available to individuals or entities who or which are not Participants or Subscribers. Participants and Subscribers who or which pay the full Service fees as described above are not obligated to pay the fees described below for alternative levels of access.
Comparable Access Fee
The Board of Directors shall designate the amount of the Comparable Access Fee from time to time. Comparable Access is access to “comparable” information, “sold” information and statistical reports (but not “active” Listing data) that is in any Service Compilation and that the Service, upon request, may make available, in its discretion, to (i) any individual or entity that is actively engaged in real estate brokerage, management, mortgage financing, appraising, land development or building activities, whether or not that individual or entity is a Participant in the Service or affiliated with a Participant in the Service, and (ii) any real estate assessor for a city or town in The Commonwealth of Massachusetts, in the assessor’s capacity as such.
OTHER FEES AND CHARGES
Reinstatement Fee for Suspended Service
$250 for the first suspension and $500 for any subsequent suspension that is imposed before the first anniversary of the lifting of the preceding suspension.
Fee for reinstatement of a Subscriber to an Office of a Participant within 45 days after the Service is notified that the Subscriber is not associated with that Office.
$20, or such other amount as the Board of Directors shall designate from time to time.
Interest on Overdue Unpaid Balances
1.5% per month.
VIOLATIONS, FINES AND OTHER SANCTIONS
[The citation of one or more specific Sections of the Rules and Regulations in the description of a violation is for general guidance and does not necessarily limit the described violation to the cited Section.]
Filing of a Listing without a Listing Agreement signed by the Seller.
$1,000 for the first violation; suspension for not less than ten (10) days for each violation thereafter.
Filing of a Listing or Filing of a Non MLS Listing/Delayed Listing Form after the Deadline for Filing (as defined in Section 13.0).
$250 for the first violation; $500 for the second violation; $1,000 for the third violation; and suspension of not less than ten (10) days for each violation thereafter.
Including in any Filing with the Service information or data that is known, or could reasonably be known, to be false, inaccurate, misleading or incomplete and that has the intention or effect of either (i) impairing the quality or accuracy of any statistical report that contains “comparable” information, “sold” information and/or any other information that may be generated by or in a Service Compilation or (ii) circumventing quality or security routines in the System or any other Service Compilation. (Section 1.2, Note 2).
$250 for the first violation; $500 for the second violation; $1,000 for the third violation; and suspension of not less than ten (10) days for each violation thereafter.
Violation of the prohibitions in Section 1.0(e) against identifying or including forms of identification or contact in certain sections or fields of the Property Data Form.
$100 for the first violation; $250 for the second violation; $500 for the third violation; and suspension of not less than ten (10) days for each violation thereafter.
Failure or refusal to designate an Entry Only Listing when Filing a Listing (Note 2 to Section 1.0).
$250 for the first violation; $500 for the second violation: $1,000 for the third violation; and suspension for not less than ten (10) days for each violation thereafter.
Non-Filing of a status change or Filing of a status change after the Deadline for Filing (as defined in Section 13.0).
$100 for the first violation; $250 for the second violation; $500 for the third violation; and suspension of not less than ten (10) days for each violation thereafter.
Extension of a Listing without signed authorization by the Seller (Section 1.12).
$1,000.
Non-Filing of a mandatory Listing or non-Filing of a Non MLS Listing/Delayed Listing Form (Section 1.0(a) and Section 1.3).
$1,000. If a Listing is Filed with the Service under the “SOLD” or “Under Agreement” status, it will be removed from the Service Compilation.
Failure or refusal, for more than 72 hours after delivery of a request from the Service, to provide requested documentation or requested data and information relating to a Listing and/or copies of the Listing Agreement related thereto (Section 1.15).
For the first violation, $250 and removal of the Listing from the Service Compilation; for the second violation, $500 and removal of the Listing from the Service Compilation; for the third violation, $1,000 and removal of the Listing from the Service Compilation; for each violation thereafter, suspension for not less than ten (10) days and removal of the Listing from the Service Compilation.
Allowing access to any Service Compilation by an individual or entity not authorized by the Service to have such access (Article X).
$1,000 and possible suspension of service.
Non-Filing of an Image of a Listed Property or Filing of an Image after the Deadline For Filing of an Image for that type of Listed Property, all as specified in the Image Filing policy set forth in Attachment D to these Rules and Regulations.
$25 for failure to File by the deadline for filing of the Image as set forth in Attachment D and $25 for each additional five business day period until the Image is Filed.
Violation of any other provision of the Image Filing policy set forth in Attachment D to these Rules and Regulations.
As provided in the Image Filing policy set forth in Attachment D to these Rules and Regulations.
Failure or refusal to disclose dual or variable rate of commission when Filing a Listing (Section 5.3).
$250 for the first violation; $500 for the second violation; $1,000 for the third violation; and suspension for not less than ten (10) days for each violation thereafter.
If a Seller has executed a Request for Deferral of Showing Form for a property, failure or refusal to state in the “Firm Remarks” field of the Property Data Form for the Listed Property (i) the existence of the deferral and (ii) the date to which the Showings have been deferred.
$100 for the first violation; $250 for the second violation; $500 for the third violation; and suspension of not less than ten (10) days for each violation thereafter.
Falsely representing on a Property Data Form or elsewhere in the System or in any Service Compilation either the signing of an Active Status Request Form or the duration of the “active” period specified in a Property Data Form.
$100 for the first violation; $250 for the second violation; $500 for the third violation; and suspension of not less than ten (10) days for each violation thereafter.
Failure or refusal to correctly identify the type of Listing Agreement on the Property Data Form (Section 1.0, Note 1).
$250 for the first violation; $500 for the second violation; $1,000 for the third violation; and suspension of not less than ten (10) days for each violation thereafter.
For those changes on a Listing that require the written authorization of the Seller prior to Filing the change with the Service, Filing of the change without the Seller’s prior signed written authorization (Section 1.4).
$1,000.
Filing of a cancellation of a Listing without the prior signed written authorization of the Seller (Section 1.5).
$1,000.
Filing of a withdrawal of a Listing without the prior signed written authorization of the Seller (Section 1.6).
$1,000.
Filing of a Listing without a definite and final expiration date or with an expiration date that is not an expiration date that has been negotiated between the Seller and the Listing Broker (Section 1.11).
$1,000.
Failure to timely deliver a Deferral of Showing Form (Section 2.0)
$250 for the first violation; $500 for the second violation; $1,000 for the third violation; and suspension for not less than ten (10) days for each violation thereafter.
Showing of a Listed Property during the deferral period shown on the Deferral of Showing Form Filed for that Listed Property (Section 2.0).
$250 for the first violation; $500 for the second violation; $1,000 for the third violation; and suspension of not less than ten (10) days for each violation thereafter.
Deferral of the Showing of a Listed Property for which a Deferral of Showing Form has not been executed and delivered by the Seller and timely Filed with the Service (Section 2.0).
$1,000.
Failure or refusal of a Listing Broker to pay the compensation and/or anything else of value offered to a Cooperating Broker in a transaction in which the Cooperating Broker’s entitlement to the compensation and/or to the other value offered is undisputed or the dispute concerning the compensation and/or the other value offered has been finally resolved in accordance with the dispute resolution provisions of Section 7.2 (Section 5.0 and Section 7.2)
If compensation and/or any other value offered is not paid in full within ten (10) days after warning by the Service, suspension until the compensation and/or the other value offered, as the case may be, is paid in full. The Service will not issue a warning unless and until it has received written evidence reasonably satisfactory to it that either the Cooperating Broker’s entitlement to the compensation and/or to the other value offered, as the case may be, is undisputed or the dispute concerning the compensation and/or the other value offered has been finally resolved in accordance with the dispute resolution provisions of Section 7.2.
Failure or refusal of a Participant or Subscriber to submit to resolution of a dispute as provided in Section 7.2 or otherwise to comply with the dispute resolution provisions of Section 7.2 (Section 5.0 and Section 7.2).
If the dispute has not been resolved during the thirty-day period provided for in clause (a) of Section 7.2, suspension thereafter to begin when the Service has received convincing written evidence of the failure or refusal of the Participant or Subscriber to submit to resolution of the dispute or otherwise to comply with the dispute resolution provisions, in either case as set forth in Section 7.2. Any such suspension shall continue until the Service has received convincing written evidence that good faith compliance with the provisions of Section 7.2 has begun and is continuing.
Failure or refusal to show total compensation offered to a Cooperating Broker on a Listing in the manner or format required by Section 5.0 (Section 5.0).
$250 for the first violation; $500 for the second violation; $1,000 for the third violation; and suspension of not less than ten (10) days for each violation thereafter. For each violation, beginning with the first, and in addition to the above sanctions, the violation will result in removal of the Listing from the Service Compilation.
Use by a Participant or Subscriber of any data or information contained in any Service Compilation in a manner inconsistent either with the Participant’s or Subscriber’s capacity as such or with the capacity in which the Participant or Subscriber Participates in the Service (Section 8.0).
$250 for the first violation; $500 for the second violation; $1,000 for the third violation; and suspension of not less than ten (10) days for each violation thereafter.
Use by a Participant or Subscriber of the Service Compilation, or of its email or any other functionality, in a manner inconsistent either with the Participant’s or Subscriber’s capacity as such or with the capacity in which the Participant or Subscriber Participates in the Service (Section 8.0).
$250 for the first violation; $500 for the second violation; $1,000 for the third violation; and suspension of not less than ten (10) days for each violation thereafter.
Improper use of the Service’s Marks (Section 9.3).
A warning for the first violation; if the violation is not corrected by the end of the third calendar day after delivery of the warning, $250; if the violation is not corrected by the end of the fifth calendar day after delivery of the warning, an additional $500; if the violation is not corrected by the end of the seventh calendar day after delivery of the warning, an additional $1,000 and suspension (including withdrawal of the data feed to the violator’s website(s)) until the violation is corrected. For each subsequent violation, $1,000 and suspension (including withdrawal of the data feed to the violator’s website) until the violation is corrected. The existence or imposition of a sanction under these Rules and Regulations for improper use of the Service’s Marks shall not in any way limit the Service’s rights to protect its Marks or to seek other legal and/or equitable relief or redress at any time for any improper use of the Service’s Marks.
Failure to comply with any of the requirements of Section 10.3(b), Section 10.3(c) or Section 10.3(d).
A warning for the first violation; if the violation is not corrected by the end of the third calendar day after delivery of the warning, $250; if the violation is not corrected by the end of the fifth calendar day after delivery of the notice, an additional $500; if the violation is not corrected by the end of the seventh calendar day after delivery of the warning, an additional $1,000 and suspension (including withdrawal of the data feed to the violator’s website) until the violation is corrected. For each subsequent violation, $1,000 and suspension (including withdrawal of the data feed to the violator’s website) until the violation is corrected.
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