Article I - Listing Procedures
Section 1.2 Detail On Listings Filed With The Service
By Filing a Property Data Form with the Service, the Listing Broker represents and warrants (i) that, to the best of the Listing Broker’s knowledge, (A) the information and data in the Form are accurate and complete in every detail and (B) each image Filed with a Listing is an Image as defined in Section 13.0 below and (ii) that the Seller has entered into a Listing Agreement with respect to the Listed Property with the Listing Broker and, to the knowledge of the Listing Broker, with no other broker, except only in the case of a Co Exclusive Listing of that Listed Property with respect to which a Co Exclusive Listing Form has properly been Filed. As set forth in Section 8.1 below, the Service shall have no liability or responsibility for, and no obligation to verify or otherwise inquire into the accuracy or completeness of, any Image Filed with a Listing or any of the information or data contained in any Property Data Form.
Note 1: This Section 1.2 provides that, by Filing a Property Data Form with the Service, a Listing Broker represents, among other things, that, to its knowledge, the Seller has entered into a Listing Agreement with no other broker, except only in the case of a Co Exclusive Listing. Consistent with that representation, a broker may not (except only in the limited circumstances contemplated in clause (iii) and in clause (iv) of Section 1.0(d)) File a Listing with the Service for a Listed Property that is already the subject of a Listing Agreement with another broker. If, notwithstanding this prohibition, such a duplicate Filing is made, and if the Service becomes aware of the duplicate Filing, the Service may remove the duplicate Filing from the System and, if it does so, shall notify both the original Listing Broker and the broker that made the duplicate Filing of its action. Neither the Service, nor any of its agents or employees, shall have any liability or responsibility of any kind, nor shall any Participant or Subscriber have or assert any claim against the Service, or against any of its employees or agents, arising out of such action or out of the Service’s failure for any reason to become aware of a duplicate Filing. Any dispute between Participants or Subscribers that arises out a duplicate Filing shall be resolved pursuant to the provisions of Section 7.2 below.
Note 2: Consistent with the Preamble to these Rules and Regulations and Section 1.2 and 1.4 hereof, a Participant or Subscriber may not include 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.
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