MLS Rules Changes: Branding of Media

The Board of Directors at their last meeting voted to approve a recommendation from the MLS Committee to revise the MLS Rules and Regulations regarding the branding of photos and virtual tours.

Strikethrough is language to be deleted

Red Italics is new language

1.4 Photos. Multiple Listing Services may, as a matter of local discretion, require submission of reasonable number of photographs or other graphic representations that accurately depict listed property except where sellers expressly direct that photographs of their property not appear in MLS compilations. (Adopted 5/10)

  1. All listings in the Ruidoso/Lincoln County Multiple Listing Service will require at least one (1) primary image (e.g. photo, drawing, plat, survey, or similar media) be included with listing. Photo must be uploaded into the MLS within five (5) businesses days.

  2. The branding of images and/or framing for images with any information or additional images is allowed, but the branding may only include the listing Qualifying Brokerage office name and phone number as registered with NMREC. (Adopted 7/2016) The branding of images, virtual tours and/or framing for images or virtual tours with any information or additional images is prohibited. Examples of branding include, but are not limited to visual, verbal, written information; “for sale” signs or promotional signage; names, email address, websites, or contact information for any MLS Participant or Subscriber; logo; identifiable codes, symbols, or colors; and names of any person (Adopted 11/2020).

  3. Any listing photograph that prominently features a yard sign or where an agent’s name or contact information is legible is prohibited. Photos in which the yard sign is incidental to and a small portion of the digital image and provided the sign and any contact information is not readable is allowed. (Adopted 4/2017)

  4. Images may not be enhanced to present less than a true picture of the listed property. Examples of prohibited enhancements include but are not limited to adding or removing permanent or semi-permanent features (e.g. power lines, fire hydrants, landscaping elements); altering the features of the property or its surrounding landscape. (Adopted 6/2016)

  5. All images and tours submitted to MLS are considered the property of the original listing agent and shall not be copied or used in any manner without written permission of the original listing agent. (Adopted 05/2016)

  6. Failure to abide by any of these Photo rules shall result in a warning that the offense must be corrected within forty-eight (48) hours. Failure to make the requested changes shall result in the photo being removed. A second offense of these Photo rules within ninety (90) days of the first offense shall result in being removed and fifty dollars ($50) fine assessed to the Subscriber(s). A third offense of these Photo rules within ninety (90) days of the second offense shall result in the photo being removed and fifty dollars ($50) fine assessed to the Subscriber(s) and his/her Participant. Upon correction of the infraction the listing will be reinstated. (Adopted 05/2016)

Note 1: In satisfying these photo requirements contained in these MLS Rules and Regulations, Participants and Subscribers should be mindful of Article 12 of the REALTOR® Code of Ethics, which requires that “REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing and other representations. (Adopted. 05/2016)

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