We are seeing a recent uptick in Photo fines, particularly for Primary Photo infractions so we wanted to make sure everyone reviews the Photo rule and we have provided a few clarifications and notes about the rules.
Please review the Photo Rule below as well as the associated fines.
Things to NOTE:
- Photo violation fines are immediate (Fines may be disputed before the MLS Committee, if you receive a fine and you wish to dispute – please contact MLS@space321.com to request a Dispute package)
- In the rule, “view from the dwelling” means a view to the outside from the dwelling (could be taken from inside the home or from the front door, porch, balcony, etc.)
- Example of what IS allowed as the primary photo: an oceanfront condo can have the primary photo of the actual oceanfront view from the balcony of the unit and then the 2nd photo must be of the front exterior of the majority of the building in which the condo unit is located.
- Examples of what is NOT allowed as the primary photo: a picture of the kitchen, a picture of the community pool area (unless the picture represents an accurate view of the pool taken from the dwelling), a picture of the condo complex entrance/sign
- Note the wording: Front Exterior Photo must show a majority of the total home or building in which the condo unit is located.
- Aerials are allowed as the primary photo as long as the majority of the front exterior of the total home or building in which the condo unit is located is clearly visible. Be very aware of the angle of the photo being used, it should not be too far away.
- Examples of what is NOT allowed as the primary photo: an aerial “bird’s eye” view where only the roof is visible, the front door to the condo, a photo of the back of the building, a picture of the condo complex entrance/sign
- You may “flag” any photo within the Photos as the primary photo, it does not have to be the very first photo in the compilation. For “feeds” that send the listing out to the internet sites (via IDX and VOW), pictures are pulled in the order they appear in the MLS.
- What this means to you: As an example, you may flag the 32nd picture in your listing as the primary photo (that follows the rules for what a primary picture should be), then it will show as the main photo in the MLS and you will be in compliance with the rules. You may still choose any other picture you wish from your photos to be the main photo on the IDX/VOW internet sites by putting that chosen picture as the 1st picture in your listing.
- Please ensure at all times that your listing photos are a true & accurate representation of the property and its surroundings. *Be mindful of water color if adjusting the color of rivers, canals, etc. - the water color should not be a shade of blue that misrepresents the actual shade that local water bodies could ever be. (For example: Space Coast’s ocean water is not the same color/clarity of ocean water you would see in the Caribbean)
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.
Associated Fine Section:
Section 22.6 - For Photo and Any Branding 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 1-business day 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 your 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 photo(s).
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 the participant/subscriber will 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.
Please contact the MLS Department with any questions.