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FLEXMLS Tip of the week: Photos in the MLS

By Kymberly Franklin posted 08-23-2022 16:40

  

Section 1.21 - Photos in MLS: See Fine Section 22.6

MLS requires submission of at least one photograph of all residential property types that accurately depicts the front exterior of the listed property. Photos are not to contain banners, artwork, headliners, or any added text of any kind. Contact or branding information must not be visible or audible in any photo, virtual tour, video, or audio file. All listings that are entered into the MLS must have an original photo uploaded within one business day after the listing is input into the MLS.

Photos, Virtual Tours and Videos may only display physical characteristics of the subject property and its vicinity. Photos of people, pets or props for the purpose of Agent or Broker branding are prohibited in the listing compilation.

The front exterior photo in the MLS, must be flagged the primary photo. The front exterior photo must show a majority of the total home or building in which the condo unit is located. Should the listing agent have a preferred view from the dwelling, then and only then, can one of these photos replace the first-place exterior photo, in which case the second photo MUST be the front exterior photo. If the seller requests that photos be withheld, the seller must provide signed, written authorization to the listing agent. The listing agent shall be required to provide this authorization to the Association upon request.

Exterior view MUST be the actual view from the individual dwelling. When the Waterfront View feature “Direct” is selected, the “view” must be the main view from the dwelling, it should be not misleading. When “Direct” waterfront is selected there must be at least one photo of the “direct waterfront” view included in the MLS photo gallery. The front exterior photo must show a majority of the total home/building.

Vacant land listings must have a photo or aerial photo, rendering, site plot or plat map in the first photo slot.

Photos that are in the MLS are copyrighted and they cannot be used by other MLS participants without the express written permission of the owner of the photo, failure to comply with this rule is subject to a fine.

Participant in a transaction/sale may use 1 exterior photo from the sold listing, within 30 days of closing, for a ‘just sold’ promotion.

Section 22.6 - For Photo Violations:

a. A fine of $50.00 will be assessed for failure to upload a minimum of one photo at the time of inputting of the listing into the MLS. If violation continues for 48 hours, the MLS Governing Board may elect to take a photo and charge the participant $100.00.

b. An immediate administrative fine of $50 per photo will be assessed for using photos of another MLS participant to market you listing without their written permission. Participant has one (1) business day to remove the photo(s). If photo(s) are not removed in one (1) business day, Space Coast MLS will remove the

c. An immediate administrative fine of $50 will be assessed for violation(s) of Sections 1.19-Contact Information, Section 1.20-Virtual Tours, Videos and Audio Files and Section 1.21-Photos in MLS. Space Coast MLS will remove the information immediately and also be required to attend the MLS sponsored 2-hour course of instruction on the MLS Rules and Regulations within 90 days of notification by the MLS for the first violation. If after 90 days, class has not been taken, an additional fine equal to that of the original fine will be assessed monthly until class is taken.

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