As a member of the Charleston Regional Multiple Listing Service (CHS MLS), it is your duty to be familiar with the CHS MLS Rules & Regulations.
This includes the Penalties and Fines, Section 9.3, as seen at the bottom of this page.
If you do receive a fine, you may appeal within 15 days of the fine date. The appeal must be submitted on the CHS MLS Appeal Form and sent to Appeals@CharlestonRealtors.com.
For convenience, download a guide by clicking here.
SECTION 9.3. PENALTIES AND FINES
It is the Broker’s responsibility to keep complete and accurate information and to comply with the requirement from South Carolina Real Estate Commission to maintain paperwork. The MLS will reserve the right to randomly audit listings. Concentration will be on accuracy of required fields, status, and timely entrance. If information is questioned, the listing agent and broker in charge will be contacted and required to send a copy of any requested paperwork to MLS within 48 hours.
The fines are as follows:
It is the Broker’s responsibility to keep complete and accurate information and to comply with the requirement from South Carolina Real Estate Commission to maintain paperwork. The MLS will reserve the right to randomly audit listings. Concentration will be on accuracy of required fields, status, and timely entrance. If information is questioned, the listing agent and broker in charge will be contacted and required to send a copy of any requested paperwork to MLS within 48 hours.
The fines are as follows:
- Lockboxes on Sold, Withdrawn and Expired Listings – Any lockbox on a listing whose status changes to closed, withdrawn or expired must be removed within 48 hours from the date the status is changed. If the lockbox is not removed, any SmartCard holder may call the CTMLS department, get an Emergency Shackle Code, and return the box to the CTMLS department. CTMLS staff will contact (via email) the box owner and his/her BIC to pick up the box at CTAR; if the box is not picked up within 30 days, the CTMLS reserves the right to reissue the box.
- Inaccurate Information – Participant will be fined $125 for any inaccurate listing information which remains in the MLS more than 2 business days after the listing agent has been notified of the inaccuracy by MLS Staff. If listing is not corrected within 48 hours, the MLS Staff will correct the inaccuracy. This only applies to inaccuracies in which the listing agent has been notified by MLS Staff of inaccurate information, not those submitted by fellow agents
- Misrepresentation of Status(Other than Sold) - Participant will be fined $250 for failing to update or misrepresenting the status of a listings as defined in Section 2 of MLS Rules and Regulations. If status is not corrected within five business days after original notification, the listing will be withdrawn. MLS reserves the right to remove any or all of a participant’s listings for failure to report status changes as according MLS Rules and Regulations.
- Misrepresentation of Status (Sold Listing)- Participant will be fined $250 for failing to report closed sales to the service as defined in Section 2 .11 of MLS Rules and Regulations.
- Late Data Entry - Participant will be fined $50 for late entry of data as defined Section 1.1 of MLS Rules and Regulations. Repeated violations of this rule will cause the matter to go to the MLS Board of Directors for consideration and could result in the Participant being censured, fined, suspended, or terminated,.
- Contact Information – Participant will be fined $250 for violation of the personal contact information rules as outlined in Section 1.1 of MLS Rules and Regulations. Any content in violation of the rule will be removed immediately and the listing agent will be notified. If the agent re-enters said content, the listing will be placed on hold.
- Directions –Participant will be fined $50 for violation of the direction rules as outline in Section 1.1 of MLS Rules and Regulations.
- Website Links –Participant will be fined $250 for violation of the rules for website links as outlined in Section 1.1 of MLS Rules and Regulations. Any content in violation of the rule will be removed immediately and the listing agent will be notified
- Photo Entry – Participant will be fined $50 for violation of the rules for photo entry as outlined in Section 1.1 of MLS Rules and Regulations. After 30 days in violation, the listing will be placed on hold. Those listings that have a properly executed Exemption Form signed by the seller shall be excluded from this fine.
- Photo Content – Participant will be fined $50 for violation of the rules for photo content as outline in Section 1.1 of MLS Rules and Regulations. Any content in violation of the rule will be removed immediately and the listing agent will be notified.
- Potential Financing Information- Participant will be fined $50 for violation of the rules for disclosing potential financing information as outlined in Section 1.1 of MLS Rules and Regulations. Any content in violation of the rule will be removed immediately and the listing agent will be notified.
- Sellers Property Condition Disclosure – Participant will be fined $50 for violation of the rules for Sellers Property Condition Disclosure. After 1 month in violation, the listing will be placed on hold. Listings exempt from the South Carolina Sellers Disclosure law are also exempt from this fine. Those listings that have a properly executed Exemption Form signed by the seller shall be excluded from this fine.
- Lead Based Paint Disclosure - Participant will be fined $50 for violation of the rules for Lead Based Paint Disclosure. After 1 month in violation, the listing will be placed on hold. Listings exempt from the Lead Based Paint Disclosure law are also exempt from this fine. Those listings that have a properly executed Exemption Form signed by the seller shall be excluded from this fine
- MLS Password or SmartCard Violation - MLS members may not share their MLS passwords or SmartCards with any other member or non-member. Participant will be fined $1000 for the first offense and subject to suspension of membership privileges for six months for a second offense, at the discretion of the MLS Board of Directors. Staff and/or assistants will be assigned an MLS username and password after attending MLS training. Smartcards are not provided for non-licensed staff and/or assistants, or any other non-member.
- Agent Reports- MLS generate reports designated as Agent reports contain confidential information that may not be shared with the public. Participant will be fined $500 for the first offense and subject to suspension of membership privileges for six months for a second offense, at the discretion of the MLS Board of Directors.
SECTION 9.4. APPEALING FINES
All fines may be appealed by the Participant. A written appeal must be filed with the Service within 15 days of fine being issued. All appeals will be reviewed on an as needed basis and at a minimum of every quarter. Specific instructions on filing an appeal are included with the original fine.
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