Exhibit 2: Data Compliance Assurance Policy

Exhibit 2: Data Compliance Assurance Policy

Compliance Process
  1. Violations. NCRMLS staff will issue fines for noncompliance with the MLS rules per the chart below. Fines are levied per field, not per listing. Upon notice of a violation, the MLS Subscriber/ Participant Member has 72 hours (excepting weekends, holidays and postal holidays) by which to correct the data. Violation notices are sent to the MLS Subscriber with a copy to their Participant (BIC), and their primary association.
  2. Billing. NCRMLS bills primary association for fines on a monthly basis. Each primary association bills and collects fines from its own Participants and Subscribers.
  3. Review Requests. The recipient of a violation notice may file a Review Request with their primary association, and detail in writing why the Participant/Subscriber thinks the fine/discipline should be waived.
    1. Association Staff is authorized to waive compliance on a temporary basis when a new firm or office joins. The only purpose of this waiver is to allow all the firm’s/office’s then-current – listing inventory to be entered.
    2. NCRMLS Staff is authorized to waive data entry errors (e.g., Late Entry of a Listing may be waived if there was a typo in the Effective Date, and the listing was otherwise compliant).
    3. When there is noncompliance and the circumstances are unusual (death in the family, extended vacations, etc.), the Association Staff may make exceptions to the fines.
    4. Primary association may issue waivers for fine/discipline for the following reasons:
      1. One-Time Educational Courtesy Waiver
      2. New Participant Waiver
      3. Unusual Circumstances Waiver (e.g., death in the family, or another type of exception).
    5. NCRMLS will validate and process the primary association’s waiver decision, unless a waiver was an error on the part of the primary association (e.g., a One-Time Education Courtesy Waiver was already issued).
  4. Appeal. Any Subscriber or Participant Member whose waiver for a fine has been denied by the primary association, may appeal to the NCRMLS Board of Managers.
    1. An appeal must be in writing and filed using the Online Fine Appeal Form. The written request must be within twenty (20) days following the noticed violation. A $25.00 filing fee must be paid to the subscriber’s primary association.
    2. Filing an appeal does not stop the requirement for timely payment of invoices. All fines and appeal filing fee must be paid before the NCRMLS Appeal Board will render a decision on the appeal. If your appeal is granted by the Board of Managers, you will be notified, in writing and the fine refunded.
    3. NCRMLS Appeal Board will be comprised of six (6) Board of Manager members. The NCRMLS Appeal Board will review the Online Fine Appeal Form and any other documentation related to the matter, and make a final determination.
    4. Decisions will be noticed to the Subscriber or Participant Member in writing.
  5. Record keeping. Fines, Review Requests (waivers), and appeals remain on a Subscriber’s record in Listing Data Checker, and will be updated by NCRMLS Staff to denote the final disposition (e.g., DE for Data Entry error, or OTC for One Time Courtesies).


Compliance Issue

Consequence

1. Failing to change an ascertainable field after being notified to do so

2. Failing to follow the Photo Guidelines, IDX Rules, VOW Rules or any other Rule violation.

3. Inserting agent or company information such as phone numbers, hyperlinks to websites (HomeSteps.com; HomePath.com; HUDHomestore.com, and/or Auction.com are permissible), Talking Ads, email addresses, etc., or offers of compensation of any type in fields where the public might see them such as the “Marketing/Public Remarks” or “Direction” fields.

4. Failing to map a listing to its correct location.

5. Failing to enter the lot dimensions when they are easily found (NOTE: if not within the county tax data available on the MLS, agents have 5 business days to get that information).

6. On Sold listings, staff shall only enforce the photo rule if the listing closed within the previous 365 days. Converted listings are not fined

7. Failing to accurately enter the number of rooms (Room Counts) NOTE: # of Rooms means the rooms in the primary living area only and shall not include other areas. (BOM 02/07/19)

8. Failing to provide the primary “tax identifier” (APN, PIN and/or PID) number for a parcel when it is available; providing a wrong PIN and/or PID number. NOTE: where newly platted lots have not yet been assigned a PIN and/or PID, use the entire parcel’s original PIN and/or PID number.

9. Failing to produce documentation for verification purposes upon MLS request.
$0-Courtesy Notice

$25-2nd notice

$50-3rd notice

4th notice-$100 and loss of MLS privileges until data is corrected

These Violations Receive an Automatic $25 Fine-no courtesy notice

If not corrected, the progressive fines commence.


1. Failing to identify listing as a “short sale”.

2. Using photos, documents and agent supplied text from a previous listing agent without written permission.
$25

$50 if fail to correct within the time specified

$100 if fail to correct within the time specified of $50 fine

$100 and loss of MLS privileges until corrected

These Violations Receive an Automatic $50 Fine-no courtesy notice

Failure to:

1. Disclose a dual or variable commission rate in the MLS.

2. Enter a listing within 72 hours (excepting weekends, holidays and postal holidays) of seller’s written authorization unless the owner is absentee in which case entry must occur within 72 hours (excepting weekends, holidays and postal holidays) from the receipt of the seller’s written authorization.

3. To report a property as pending, the cancellation or resolution of a pending listing, a sold listing or the cancellation of a contingency status to the MLS within 72 hours (excepting weekends, holidays and postal holidays) (BOM 02/07/19) days.

4. Report pending or sold listing within 72 hours (excepting weekends,
holidays and postal holidays) (BOM 02/07/19). Failure to provide timely
notice of showing to listing/leasing broker
$50

Automatic-no courtesy notice


Failing to notice within 72 hours (excepting weekends, holidays and postal holidays) when a licensee who is waived should no longer be waived, including unlicensed personnel who become actively licensed (whether by the NCREC or NCAB).
$100 or back MLS fees, whichever
is more

Attempting to Manipulate DOM or CDOM


Every attempt to “game DOM and/or CDOM” by entering any incorrect data, having a seller execute multiple listing agreements, sending instructions to expire or cancel the listing, etc., will subject the MLS Subscriber.

Listing without entry into the MLS within 1 business day of Public Marketing will be seen as Manipulating DOM/CDOM (BOM 4/3/2020)
Subscriber:
Courtesy Notice for first offense.

$50 2nd offense

$100 3rd offense

$250 4th offense

$500 5th offense

$1,000 6th offense

$2,500 thereafter and loss of Service until all fines are paid.

Duplicate Listings


The system warns before you publish a “duplicate” listing as active. Therefore, if you make the listing active, the fine is $50. Please call your association staff before making the listing active.
$50

Unauthorized Access


Providing your login name and password to anyone else to access your account is a violation of these Rules. Do not share your login name and password. The MLS employs sophisticated technology that detects any unauthorized access.

Allowing someone access to information who is not a client or customer. e.g., Loaning/giving any printed MLS information; agents/appraisers who give information to licensees who do not pay fees to the North Carolina Regional MLS.
Courtesy Notice, a required password reset and 2-step authentication for 1st Offense

$500 2nd offense

$1,500 and loss of MLS privileges for 30 days 3rd offense

$4,500 and loss of MLS privileges for 90 days 4th offense

$5,000 and loss of MLS privileges for 180 days. 5th offense


Regarding Data Feeds

1. All violation notifications are sent to the parties to the agreement

2. With first notice the parties to the agreement have 5 business days to correct the violation.

3. With second notice the parties to the agreement are fined $100 and given an additional 5 days to correct the violation.

4. With a third notice the consultant’s data feed is terminated. $500 must be paid before MLS will reconnect the data feed.

5. Failing to notify MLS that a new domain is being used with an existing participant data agreement. On the 1st offense a courtesy notice is sent; On the 2nd and subsequent offense is a $100 fine.

6. In the case of a third-party data access agreement, the consultant’s failure to notify MLS of new websites the fine is $500 per occurrence.

When there is noncompliance and the circumstances are unusual (death in the family, extended vacations, etc.), the NCRMLS CEO may make exceptions to the fines. Any Subscriber or Participant Member whose waiver for a fine has been denied, may appeal to the Board of Managers.

Staff is authorized to waive compliance on a temporary basis when a new firm or office joins. The only purpose of this waiver is to allow all the firm’s/office’s then-current – listing inventory to be entered.

NCRMLS Fine Appeal Form

The NCRMLS Board of Managers may give consideration to all written appeals having to do with violations of the Rules and Regulations. The written request must be within twenty (20) days following the noticed violation.

An appeal must be in writing and filed using the Online Fine Appeal Form. A $25.00 filing fee must be paid to the subscriber’s primary association. Filing an appeal does not stop the requirement for timely payment of invoices. All fines and appeal filing fee must be paid before the NC Regional Appeal Board will render a decision on the appeal. If your appeal is granted by the Board of Managers, you will be notified, in writing and the fine refunded.

Click here the Online Appeal Form:
https://ncrmls.formstack.com/forms/appeal_form


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