List agents are required to upload the fully executed Listing Agreement or the Listing Agreement Compliance Certification form (as a Private- Listing Contract supplement type) to all listings entered on the MLS. This must be done while the listing is in the INC status. There is a business rule in the system that prevents a listing from being saved as Active if the paperwork has not been uploaded correctly.
Per SmartMLS Rules & Regulations:
Participants and/or Subscribers must upload and maintain to the Service a copy of the listing agreement or a fully signed listing certification form for each new listing upon entry into the Service. In addition, if requested by the Service, Participants and/or Subscribers must provide copies of any documents related to a Listing, including, without limitation a fully executed Purchase and Sale Agreement (or equivalent document such as an executed Binder), and respond to any questions from the Service regarding a listing. Any additional documents or information must be provided within twenty-four (24) hours of the request by the Service. The Service shall maintain the confidentiality of documents and information provided pursuant to this Rule 4.20, except as required to enforce the Rules & Regulations of the Service or as otherwise required by law.
Here is some additional information surrounding Private documents:
- The default document type when attaching any document to a listing is Private . It is the user's responsibility to change to a public-facing document if they are uploading anything they want all Matrix users (and their customers) to be able to see.
- Private documents can only be seen by the list agent, the Broker of their office and SmartMLS staff. No other MLS users can see a Private document .
- It is vital that users double check the type of document they are uploading before they save it. If you happen to upload a Listing Agreement but switch the document type from private (the default) to public, all other Matrix users will be able to see your contract.
- The MLS is not liable/accountable for contracts that are accidentally saved as Public. The reason the default document type is set to Private is to try to avoid contracts from becoming visible to other Matrix users. For a contract to become visible to all users, the List Agent has to physically click the drop down menu, select a different, public-facing document type and then save it.
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