Spilling the Tea on Fines and the SAP Process
Navigate through the lingo to see what the scoop is on the new fines and the process. Non-compliance with the PropTx MLS® Rules can lead to penalties as outlined in the Special Administrative Penalties (SAP) Schedule, which are enforced by the PSRP according to Article 4 and the Early Complaint Resolution Process under Article 6.
These penalties apply on a cumulative, per listing/per breach basis. If a Salesperson commits multiple violations within a two-year period, they will face escalated penalties. Additionally, the Brokerages associated with these Salespersons may also be subject to the same penalties. Let’s all work together to keep things running smoothly! 😊
How well do you know the new fines and processes? Take this quick four-question quiz to find out!
PropTx MLS® Rules - ARTICLE 3 – LISTING INFORMATION AND ATTACHMENTS
Rule 3.18 - In all instances when an MLS® Listing Agreement Commences, the Listing Brokerage shall process the MLS® Listing through the MLS® System by 11:59 p.m. the next Business Day following the Commencement date of the MLS® Listing Agreement
- The commencement date as set out specifically in the Listing Agreement must be uploaded to the MLS® System by the Listing Brokerage by the next business day. Members should be mindful of this timeline when signing their Listing Agreement in order to adhere to this rule.
First Breach: $500.00
Repeat Breach: $1,000.00
PropTx MLS® Rules - ARTICLE 2 - GENERAL
Rule 2.04 - All Members shall abide by the RECO Rules, the CREA Rules, the PropTx MLS® Rules as adopted from time to time, and the Authorized User Agreement as amended, restated, or replaced from time to time and by all applicable laws and regulatory requirements. No Member shall act in a manner so as to attempt to avoid or circumvent the RECO Rules, the CREA Rules or these PropTx MLS® Rules, or any applicable laws or regulatory requirements.
Examples of conduct which violates Rule 2.04 includes, but is not limited to, the following:
- Deleting photographs or other listing information just before marking a listing as sold, terminated, leased (i.e. deleting the interior photographs of a listing). It is important to refer to the Marketing Clause in this Agreement which speaks to the Association's rights over such content;
- Making daily, minor price changes for promotion on REALM™;
- Uploading a Listing for mere publication and not co-operation, i.e. an exclusive listing sold and the Member uploads it and marks it as immediately sold to boost their statistics even though it was never truly available to all PropTx users; and
- Misclassifying a Listing in order to gain more exposure (and could expose the Seller to Liability), i.e. listing a Residential Condominium as a Freehold with a POTL.
First Breach: $1,000.00
Repeat Breach: $2,000.00
PropTx MLS® Rules - ARTICLE 2 - GENERAL
Rule 2.05 - When requested in writing by the Association, the Listing Brokerage shall forward to the Association a copy of any documentation pertaining to an MLS® Listing Agreement by 11:59 p.m. of the next Business Day.
This Rule applies only to the Listing Brokerage, which owns the Listing and is obligated under RECO to possess all documentation. A request will often be made at the same time a Professional Standards complaint is tendered. However, requests may arise prior to this time.
This Rule is used conjunction with CREA Article 23.
In addition, requests should include the requirement for (where applicable) Validation Certificates/Certificates of Authenticity for documents that are requested.
First Breach: $500.00
Repeat Breach: $1,000.00
PropTx MLS® Rules - ARTICLE 4 - REPORTING
Rule 4.02 - The sale, lease or sub-lease of a residential or commercial MLS® Listing shall be reported by the Listing Brokerage through the MLS® System, whether conditional or firm, by 11:59 p.m. the next Business Day following acceptance of an Offer. Members shall not be permitted to avoid these notice obligations to the Association by, for example, cancelling an MLS® Listing between receipt (or anticipated receipt) and acceptance of an Offer, or encouraging a Seller to do so.
A commercial sale, lease, or sub-lease price shall be Reported:
a) Using the original unit of measure on the MLS® Listing;
b) At the time of Reporting a firm transaction; or
c) At the same time as Reporting a firm transaction, and request that the price be suppressed until after closing.
All changes in the status of a Reported conditional sale on the MLS® Listing shall be Reported by the Listing Brokerage on the MLS® System by 11:59 p.m. the next Business Day following the change.
Examples of conduct which violates Rule 4.02 includes, but is not limited to, the following:
- Failing to report a conditional sale by 11:59 pm the next Business Day;
- Failing to extend the conditional expiry date of the sale conditions following said date; and
- Failing to report a firm sale price for a residential property by 11:59 pm the next Business Day.
First Breach: $1,000.00
Repeat Breach: $2,000.00
Oops! Your knowledge of the Early Complaint Resolution Process (ECR) process could use some work!
Why not take a minute to read the Article on the Rules and Penalties? It's the best way to stay at the top of your game!
Special Administrative Penalties
Stay tuned for our next quiz!
Congratulations! You've aced this quiz!
Why take a minute to read through the Rules and Penalties? It's the best way to stay at the top of your game!
Special Administrative Penalties
Stay tuned for our next quiz!
