At a meeting held on October 15, 2015, the HIS Board of Directors adopted rules revisions that were necessary to address the addition of the new P/Preview status. The revised rules document is accessible in REsearch by clicking on the MLS Rules and Regulations link on the login page under IMPORTANT RESOURCES.
Following are excerpts from the rules showing these revisions.
- Article II Definitions and usage. A definition for the P/Preview status was added, and while it was drafted, it was felt that it was necessary to also add a definition for the H/Holding status.
P/Preview
There is a valid listing contract between the seller and the listing broker, and there is no pending escrow or purchase agreement. The property is not yet ready for marketing to the public and is not subject to Section 5.01, Showings available; agency disclosed, in regards to showing availability. The listing will be placed in W/Withdrawn status if not released to A/Active status within thirty (30) days. Once the listing is released to A/Active status, the listing may not be put back into P/Preview status. The listing will not automatically expire in the system.
H/Holding
There is no pending escrow or purchase agreement on the property, and the property is not yet available for immediate showing. The agent shall release the listing from holding status to P/Preview or A/Active status when the agent has a listing contract in place with the seller.
- Article III Listing procedures. Section 3.07 Time of submission. A sentence was added to make photos optional for Preview Listings.
Section 3.07. Time of submission. The participant must submit a required listing within four (4) calendar days after execution of the contractual agreement. The participant must submit a property photo in compliance with Section 3.05(b) for any listing record within four (4) calendar days after submission of the listing record to the service. Photos for listings that are in P/Preview status are permitted but not required.
- Article IX Displaying, reproduction and advertising. Section 9.02. Reproduction. A restriction was added to prohibit participants from displaying Preview listings to the public.
Section 9.01. Display. Participants and associate subscribers are permitted to display listing records and listing compilations to prospective purchasers only in conjunction with their ordinary business activities of attempting to locate ready, willing, and able buyers for the properties in the listing compilation. Participants and associate subscribers are not permitted to display P/Preview status listing information. Each display to prospective purchasers must also comply with the requirements of Section 11.07 of these rules.
- Article IX Displaying, reproduction and advertising. Section 9.06. Transmittal of Participant’s listings to aggregators. Preview listings were added as listings data that the service may exclude from data feeds.
Section 9.06. Transmittal of Participant’s listings to aggregators. If an MLS transmits participants’ listings to third-party aggregators and/or operates a public website displaying listing information, all exclusive listings, regardless of type, will be included in the data feed (unless a participant withholds consent for such transmission), except that Hawaii Information Servicemay exclude from such data feed any listing where both of the following conditions are present: (1) the listed property’s street address or a graphic display of the property’s specific location will be displayed to the public; and (2) the seller displays on the property a “For Sale By Owner” sign or another sign or notice indicating that the seller is soliciting direct contact from buyers; and P/Preview status listings.
Further note…
Originally, there was a requirement for disclosure as to why a preview property was not ready for showing or advertising to the public in the Public Remarks. However after further discussion at their October 22, 2015 meeting the HIS directors decided that it was not necessary.
Along with adoption of the rules revisions that were necessary for the Preview status, another revision was approved and adopted to address the unauthorized sharing of participant and subscriber contact information with third parties. Numerous complaints have been received from members who have received unwanted emails from third parties who appear to have obtained contact information from the service’s database provided to them by other members. While the rules already prohibit the sharing of member and listing information to unauthorized parties, it was felt that it was necessary to add a sentence to the end of Article VIII Eligible recipient of listing data Section 8.02 to restrict the distribution of participant contact lists with third parties.
Section 8.02. Use permitted for licensed activities. Use of information developed by or published by the service is strictly limited to the activities authorized under the participant’s licensures and certifications. All other uses are prohibited, including the sharing of lists of participants and subscriber contact information with third parties.
Should there be any questions in regards to these rules revisions, please feel free to contact Diana Haraguchi, VP of Administration by sending an email to Diana@HiInfo.com or by calling 1-800-628-3121 ext 172 if calling from the neighbor islands or 599-4224 ext 172, if calling from Oahu.
Mahalo!
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