Staying MLS Compliant • Photographs in the MLS

Continuing our newest segment for CDAR Broker and Office Managers, we bring you our Staying MLS Compliant series of articles and updates to relay to your agents and keep them out of trouble with the MLS. Every month, our MLS team will discuss different rules to know so that you and your agents can remain in MLS compliance. For our next edition, we cover Photographs in the MLS, including Rules 11.5 and 11.8.

USAGE OF PHOTOGRAPHS IN THE MLS

Some key items to remember regarding usage of Photographs in the MLS:

  • There must be at least one (1) exterior photograph accurately displaying the property in the MLS within 3 calendar days of entering the listing.
  • You must have written authorization to use photos from another agents listing. If you use someone else’s photographs without permission, you will receive a $1,500 fine.
  • Submitting photos to the MLS, you represent and warrant that you own the right to reproduce/display the media or have procured such rights and all necessary license from appropriate parties.
  • Copyrighted photos, including Google Street View, are not allowed in the MLS.
  • Branding is not permitted on any media or photographs/images submitted to the MLS. Including, but not limited to, “For Sale” signs posted on the property, agent, broker, or photographer branding, phone numbers, emails, website addresses, etc.
  • Please be cautious of the photos you submit as they are shared to third parties and are not private(i.e. valuables, children’s names, family photos, etc.)
  • Photos cannot be removed after the listing is closed, cancelled, or expired.

RULE 11.5 | PHOTOGRAPHS/IMAGES “MEDIA” ON THE MLS: By submitting photographs/images, including but not limited to photographs, images, graphics, audio and video recordings, virtual tours, drawings, renderings or any other representations (collectively referenced in these Rules as photographs and or images) to the MLS, the Participant and/or Subscriber represents and warrants that he or she either owns the unlimited and unencumbered right to submit, convey to the MLS all rights to the photographs/images, reproduce and display such photographs or has procured such rights from the appropriate third party, and has the authority to grant and hereby grants the MLS and the other Participants and Subscribers the right to reproduce and display the photographs in accordance with these rules and regulations. Use of photographs by a subsequent listing agent requires prior written authorization from the originating listing agent or other appropriate party with the legal right to reproduce and display such photographs. Branding of any Media, Photos and or Images, submitted to the MLS is prohibited, including but not limited to photographs displaying “for sale” signs posted on the property. At least one (1) photograph or image accurately displaying the listed property (except where sellers expressly direct that photographs of their property not appear in MLS compilations) is required to be posted on the MLS within three (3) days of submission of the listing in all categories other than business opportunity. The MLS reserves the right to remove any non-compliant photographs and or images from MLS display should Participant or Subscriber refuse or fail to bring said photographs and or images into compliance with the requirements of this rule after being notified and instructed to correct by the MLS.  Once submitted, the photographs become the exclusive property of the MLS and neither the Participants, Subscribers or a third party taking the photographs may assert any right to the photographs, except as specifically granted in writing by the MLS.

RULE 11.8 | DATABASE PRESERVATION: No data may be removed from the MLS compilation other than by the service. Although a listing may be removed from display in the MLS compilation of current listing information, all data submitted to the MLS will remain in the database for historical and other purposes approved by the service.  This includes photographs, diagrams, renderings, and drawings. The removal of historical information from the MLS compilation is forbidden. No exceptions are to be made at any time.