hudson gateway mls orientation - hgar · all listings of real property in the hgmls jurisdiction...

Hudson Gateway MLS

Orientation

Contents:

Welcome 1

Membership 1

Keys & Lockboxes 1

Listings 2

Property Types 2

Office Exclusives 2

Owner Name Withheld 2

Statuses 3

Extensions 3

Days on Market 4

Self-Promotion 4

Fines 4

Welcome to The Hudson Gateway Multiple Listing Service. The following is an introduction to all of the services and tools available to you as a member. If you have any questions about our rules, practices or even about a specific listing, please do not hesitate to call or email us.

White Plains West Nyack Goshen

(914) 681-0833 (845) 735-0075 (845) 294-7905

Support @HGMLS.com

Business Hours: Monday – Friday 9am-5pm

Welcome

Membership

Participant The Primary Broker responsible for the office.

Subscriber Agents and Associate Brokers working under the participant.

Fees:

Office Membership fee of $165 per month billed to the Participant.

Annual Fee of $150 for Subscribers who are not a member of Hudson Gateway Association of Realtors (HGAR).

Fee of $4 for every listing entered into the system, billed monthly to the Participant.

Keys & Lockboxes

Please call your local HGMLS office to sign up for Key Service.

MLS Orientation of 5

All listings of real property in the HGMLS jurisdiction taken on an Exclusive Right to Sell or Exclusive Agency Agreement must be

submitted within 24 hours of all necessary being obtained.

All new listings must be entered into the HGMLS system within 24

hours.

At least 1 photo needs to be submitted within 72 hours.

Price and status changes must be made within 24 hours.

Listing Agreements must be submitted to within 24 hours.

Violation fines begin at $25 for missing photos, and are up to

$5000 for other violations. (See Fine Chart)

Listings

Property Types

Single Family Multifamily (5+ units) Condominium Land & Farms Cooperative Commercial Multifamily (2-4 units) Rental ** Mobile Homes & Business Only Listings are not accepted unless they include the sale of the land.

Office Exclusives

(Exempted Listings) A Participant may take an exclusive listing which is not to be disseminated through HGMLS provided the homeowner has been informed of the benefits of HGMLS and it has been acknowledged in writing. $50 Filing Fee

Owner Name Withheld

All listings must include the owners name unless the owner requests in writing that their name be withheld. Requests must be submitted with the Listing Agreement.


Extensions

Remember! Listing

Statuses must be

changed within 24

hours!

Statuses

Active Properties for sale in which the Participant markets the property, sets appointments for showings and presents agreements of sale to the seller. No agreement of sale is currently in effect.

Contract Properties where seller has accepted, in writing, an

agreement of sale. Sold Properties where a successful closing occurred and a title

was transferred from seller to buyer. Expired Properties in which a listing contract has reached its agreed

upon expiration date and the Participant has not secured written permission from the seller to extend the listing for an additional period of time.

Temporarily Off Market Properties in which the seller has advised the Participant, in

writing, that the listing is NOT AVAIABLE FOR SHOWING. The property will no longer appear as Active in database; however, the listing contract between the Participant and seller remains in effect. New Listings: A property must be available to be shown from the moment it is entered into the HGMLS data base. If a seller provides instructions to the contrary, the property must be status TOM until it is available to be shown by all HGMLS subscribers. HGMLS requires submission of the sellers written instructions, including the date the property will become available to be shown, with the listing agreement. The Participant, agent or office manager, with the property owner’s permission, may return the listing status to “ACT”.

Off Market Properties in which the Participant and the seller have terminated the listing contract before the agreed upon expiration date. Only the Broker or Office Manager can change a listing to OM status. Status change does not relieve seller of contractual obligations. Once the status is OM, no further modifications can be made.

Rented Properties in which a lease agreement has been fully

executed.

Listing extensions require an Extension Agreement signed by the Seller. A copy of the signed Extension Agreement must be uploaded into HGMLS. Extensions are accepted up to a maximum of 60 days after current expiration date. Listings expired for more than 60 days require a new listing contract and new ML#.


Days on Market is calculated from the day the listing is submitted as active until the status is changed to Contract.

ACTIVE --> CONTRACT

Days On Market

Want to learn more?

Sign up for Matrix

classes at:

www.HGAR.com

Self-Promotion/Branding

Fines

Contact information, company names or web site addresses in any field other than those fields which are specifically designated will result in a violation.

› Marketing Remarks

› Photos

› Virtual Tours

Nature of Offense Service Charge

Failure to Input a listing (24hrs) $50 per day up to $5000

Failure to Submit a Photo (72hrs) $25, $50 (7 days), $100 (30 days)

Failure to Make a Price or Status Change (24hrs) $500

Failure to Submit a Listing Agreement (24hrs) $15, $50 (7days), $100 (30 days)

Failure to Submit an Extension Agreement (24hrs) $15, $50 (7days), $100 (30 days)

“Name Withheld” without submission of authorization $50 per day

Use of Another Participants photos without authorization

$50 per day


4/18 KD

MATRIX 1: Intro to Matrix

❖ System Overview

➢ Website Address www.HGAR.com

➢ Logins & Rules

➢ Browser Compatibility

➢ Mobile Devices

❖ Homepage

➢ Widgets

➢ Resources

➢ Speedbar

❖ My Matrix

➢ My Information

➢ Settings

➢ Contacts

❖ Search

➢ Property Types

➢ Results Grid

➢ Displays

➢ Emailing

➢ Saved Search

❖ Realist Tax

➢ Find a Tax Detail Report

❖ Listing Input

➢ Enter a Listing

➢ Adding Photos

➢ Attaching Listing Agreements

➢ Status Changes/Edit Listings

Training Videos are

available under the

HELP tab on your

Matrix Homepage.

http://www.hgar.com/

EXCLUSIVE RIGHT TO SELL AGREEMENT MLS#_____________________________

THIS AGREEMENT is effective ____________________, 201___, and confirms that ________________________________________________________ has (have) appointed _____________________________________________________________ a licensed real estate brokerage in the State of New York, to act as Agent for the sale of property known as __________________________________________________________________________________, New York.

In return for the Agent's agreement to use Agent's best efforts to sell the above property, the Owner(s) agree(s) to grant the Agent the exclusive right to sell this property under the following terms and conditions:

PERIOD OF AGREEMENT 1. This agreement shall be effective from the above date and shall expire at midnight on _____________________, 201___.

PRICE AT WHICH PROPERTY WILL BE OFFERED AND AUTHORITY 2. The property will be offered for sale at a list price of _____________________ and shall be sold, subject to negotiation, at such price and upon such terms to which Owner(s) may agree. The word Owner refers to each and ALL parties who have ownership interest in the property and the undersigned represent(s) they are the sole and exclusive owners and are fully authorized to enter into this agreement.

COMMISSION TO BE PAID TO AGENT 3. The Agent shall be entitled to and Owner shall pay to Agent one commission of ________ of the selling price. Both the Owner(s) and the Agent acknowledge that the above commission rate was not suggested nor influenced by anyone other than the parties to this Agreement. Owner(s) hereby authorizes Agent to make an offer of cooperation to any other licensed real estate broker with whom Agent wishes to cooperate. Any commission due for a sale brought about by a Sub-Agent or Broker’s Agent (see Real Property Law Section 443 Agency Relationship Disclosure Statement for explanation) (another broker who is authorized by Agent to assist in the sale of Owner(s) property) or to an authorized Buyer(s) Agent shall be paid by the Agent from the commission received by the Agent pursuant to this Paragraph.

Owner hereby directs: the commission offered by Agent to HGMLS Participant Sub-Agents shall be ____________ of the gross selling price; the commission offered by Agent to HGMLS Participant Broker’s Agents shall be _________ of the gross selling price; the commission offered by Agent to HGMLS Participant Buyer(s) Agents shall be _________ of the gross selling price. Agent may or may not offer compensation to non-HGMLS participant licensed real estate brokers on a case by case basis.

In the event that Owner(s) authorizes Agent to compensate a Buyer('s) Agent, Owner(s) acknowledges Owner's(s') understanding that such Buyer's Agent is not representing Owner(s) and that the Buyer's Agent will be representing only the interests of the prospective purchaser.

OWNER(S) OBLIGATIONS AFTER THE EXPIRATION OF THIS AGREEMENT 4. Owner(s) understands and agrees to pay the commission referred to in paragraph 3, if (a) the property is sold or transferred, or (b) is the subject of a written contract of sale, or (c) if the Owner(s) reach a verbal agreement with a buyer regarding the material terms of the sale, either during the period of this Agreement, or within _______ months after the expiration date of this Agreement involving a person, directly or indirectly, with whom the Agent or a Cooperating Broker or the Owner(s) negotiated or to whom the property is offered, quoted or shown during the period of this listing Agreement. Owner(s) will not, however, be obligated to pay such commission if Owner(s) enters into a valid Exclusive Listing Agreement with another New York State licensed real estate broker after the expiration of this Agreement.

WHO MAY NEGOTIATE FOR OWNER(S) 5. Owner(s) agree(s) to direct all inquiries to the Agent. Owner(s) elect(s) to have all offers submitted through Agent ___ or Cooperating Agent ___.

SUBMISSION OF LISTING TO MULTIPLE LISTING SERVICE 6. Both Owner(s) and Agent agree that the Agent immediately is to submit this listing agreement to the Hudson Gateway Multiple Listing Service, Inc. ("HGMLS"), for dissemination to its Participants. No provision of this Agreement is intended to nor shall be understood to establish or imply any contractual relationship between the Owner(s) and HGMLS nor has HGMLS in any way participated in any of the terms of this agreement, including the commission to be paid. Owner(s) acknowledge(s) that the Agent's ability to submit this listing to HGMLS or to maintain such listing amongst those included in any compilation of listing information made available by HGMLS, is subject to Agent's continued status as a Participant in good standing of HGMLS. Data including photographs and sketches relating to Owner’s property will be aggregated with that of other properties listed by Participants of HGMLS, and will become the copyrighted data of HGMLS. Owner and Listing Agent hereby assign to HGMLS all rights of ownership and copyright to such data, for dissemination to its Participants and others as HGMLS may elect pursuant to its copyrights.

FAIR HOUSING 7. Agent and Owner agree to comply fully with local, state and federal fair housing laws against discrimination on the basis of race, color, religion, sex, national origin, handicap, age, marital status and/or familial status, children, sexual orientation or other prohibited factors.

AUTHORIZATION FOR "FOR SALE" SIGN AND OTHER SERVICES 8. Agent ___is (___is not) authorized to place a "For Sale" sign on the property. Owner acknowledges that Agent has fully explained to Owner(s) the services and marketing activities which Agent has agreed to provide.

REQUIREMENTS FOR PUBLICATION IN HGMLS COMPILATION 9. This listing agreement is not acceptable for publication by HGMLS unless and until the Owner(s) has duly signed this agreement and an acknowledgment reflecting receipt of the definitions of "Exclusive Right to Sell" and "Exclusive Agency" required by the New York State Department of State - Division of Licensing Services. The Authorization by Owner to publish this listing in the HGMLS compilation also includes the right of Agent to advertise the listing information, in any medium or media including electronic formats and including but not limited to, the Internet.

LOCKBOX AUTHORIZATION 10. Agent _______ (is) hereby authorized to use a lockbox _______ (is not) authorized to use a lockbox. Owner understands that neither Agent, any cooperating agent, HGMLS or any Board of Realtors, shall be responsible for any theft, loss or damages attributed to the use of a lockbox.

RENTAL OF PROPERTY 11. Should the Owner(s) desire to rent the property during the period of this agreement, Agent is hereby granted the sole and exclusive right to rent the property, exclusive "FOR RENT" sign privilege and the Owner(s) agrees to pay Agent a rental commission of ______. The applicable commission for the lease term is due and will be paid ___upon the execution of the lease ___upon the date of occupancy. The commission for each and any subsequent renewal thereof, is due and will be paid upon the commencement of each renewal term.

COMMISSION PAYMENT 12. [a] Escrow. If, for any reason, Agent is not paid the compensation set forth herein on the due date, Owner shall establish an escrow account with a party mutually agreeable to Agent and Owner or a title insurance agent or company, and shall place into said escrow account an amount equal to the compensation set forth herein. The escrow monies shall be paid by Owner to said escrow agent and shall be held in escrow until the parties’ rights to the escrow monies have been determined (i) by the written agreement of the parties;(ii) pursuant to an arbitration award; (iii) by order of a court of competent jurisdiction; or (iv) some other process to which the parties agree to in writing. [b] Attorneys Fees. In any action, proceeding or arbitration to enforce any provision of this Agreement, or for damages caused by default, the prevailing party shall be entitled to reasonable attorney’s fees, costs and related expenses, such as expert witness fees and fees paid to investigators. In the event Agent hires an attorney to enforce the collection of any brokerage commission due hereunder and is successful in collecting all or any portion thereof with or without commencing a legal action or proceeding, Owner agrees to pay the reasonable attorney’s fees, costs and related expenses incurred by Agent.

[c] Commission Escrow Act. Alternatively, Broker shall have the right to exercise Broker rights under the Commission Escrow Act and specifically, Real Property Law Section 294-b. The provisions of said Law may require the deposit of the commission claimed by Broker, with the County Clerk in the County in which the property is located. Notice is hereby given in accordance with Section 294-b(4)(k) as follows:

AT THE TIME OF CLOSING, YOU MAY BE REQUIRED TO DEPOSIT THE BROKER’S COMMISSION WITH THE COUNTY CLERK IN THE EVENT THAT YOU DO NOT PAY THE BROKER HIS OR HER COMMISSION AS SET FORTH HEREIN. YOUR OBLIGATION TO DEPOSIT THE BROKER’S COMMISSION WITH THE COUNTY CLERK MAY BE WAIVED BY THE BROKER.

TERMINATION

13. Owner(s) understands that if Owner(s) terminates the Agent's authority prior to the expiration of its term, Agent shall retain its contract rights (including but not limited to recovery of its commission, advertising expenses and/or any other damages) incurred by reason of an early termination of this agreement.

ADDITIONAL POINTS 14. Additional Points of Agreement, if any:

IN-HOUSE SALES

15. If the Broker has an agency relationship with the buyer ["buyer's broker"], and that buyer expresses interest in property owned by a seller who also has an agency relationship with the Broker ["seller's broker"], a conflict has arisen. The Broker shall immediately advise both the buyer client and the seller client of the pertinent facts including the fact that a dual agency situation has arisen, and that the following options are available:

[a] The Broker and buyer could dissolve their Agency relationship. The buyer may then seek to retain another broker, and/or an attorney, or may represent (her)himself. This would release the buyer from any Broker employment contract which was entered into with the Broker. Broker may continue to act as agent for the seller.

[b] The Broker and the seller could dissolve their Agency relationship. The seller may then seek to retain another broker, and/or an attorney, or may represent (her)himself. This would release the seller from any listing agreement which was entered into with Broker. The Broker may continue to act as Agent for the buyer.

[c] With fully informed consent, the buyer and seller may elect to continue with the brokerage firm serving as a consensual dual agent, which is the exception to the general rule that agents serve one principal. As a dual agent, the firm and its licensee agents have a duty of fairness to both principals. By mutual agreement the buyer and seller may identify who will negotiate for each principal. For example: [a] the licensee who signed the buyer as a principal of the brokerage firm may negotiate on behalf of the buyer principal and [b] the licensee who signed the seller as a principal of the firm may negotiate on behalf of the seller principal. This is referred to in Real Property Law Section 443, Agency Relationship Disclosure Statement as “Designated Sales Associates”. In either case, the brokerage commission will be paid by the seller in accordance with the listing agreement with the seller, unless different arrangements have been negotiated.

As a dual agent, the firm and its agents cannot furnish undivided loyalty to either party.

As a dual agent, the firm and its licensee agents have a duty not to disclose confidential information given by one principal to the other principal, such as the price one is willing to pay or accept. Such information may already be known to the firm and its agents. If the information is of such a nature that the agent cannot fairly give advice without disclosing it, the agent cannot properly continue to act as an agent. The buyer, seller and broker shall memorialize the option of their mutual choice by executing a statutory disclosure notice. If there is no mutual agreement, the proposed transaction between buyer and seller shall not be pursued.

ALL MODIFICATIONS TO BE MADE IN WRITING

16. Owner(s) and Agent agree that no change, amendment, modification or termination of this agreement shall be binding on any party unless the same shall be in writing and signed by the parties.

HOME EQUITY THEFT PREVENTION ACT

17. Owner acknowledges that Owner is aware of the Home Equity Theft Prevention Act and particularly the provisions of Section 265 of the Real Property Law of the State of New York. In order the ensure compliance with same, Owner warrants and represents to Agent that:

(a) Owner is not in default of any mortgage affecting real property by reason of there being payments due and unpaid on any mortgage for two (2) months or more;

(b) there are no actions pending against the real property to foreclose a mortgage; and (c) the property which is the subject of this listing is not shown as an active property on a tax lien sale list and all real estate taxes have been paid

through the next lien date.

In the event that the above circumstances change after the execution of this listing agreement, Owner hereby covenants and agrees that Owner will communicate with Agent regarding any of the matters referred to above in subparagraph (a), (b) or (c) and to keep Agent fully apprised of same.

(OWNER) (DATE) (AGENT) (DATE)

By: (OWNER) (DATE) (Authorized Representative) (DATE)

Owner's Mailing Address Agent's Address

Owner's Telephone: Agent's Telephone:

DEFINITIONS

In accordance with the requirements of the New York State Department of State the undersigned Owner(s) does (do) hereby acknowledge receipt of the following:

1. Explanation of "Exclusive Right to Sell" listing; 2. Explanation of "Exclusive Agency" listing

EXPLANATION OF EXCLUSIVE RIGHT TO SELL: (As worded verbatim by the Department of State)

An "exclusive right to sell" listing means that if you, the owner of the property find a buyer for your house, or if another broker finds a buyer, you must pay the agreed commission to the present broker.

EXPLANATION OF EXCLUSIVE AGENCY: (As worded verbatim by the Department of State)

An "exclusive agency" listing means that if you, the owner of the property find a buyer, you will not have to pay a commission to the broker. However, if another broker finds a buyer, you will owe a commission to both the selling broker and your present broker.

"THE FAIR HOUSING ACT"

The Civil Rights Act of 1968 known as the Federal Fair Housing Law makes illegal any discrimination based on race, color, religion, sex or national origin in connection with the sale or rental of housing. The 1988 amendment to this Act (The Fair Housing Amendments Act of 1988) expands the coverage of this law to handicapped persons and families with children. Agent and Owner agree to comply fully with State and local statutes and Federal Fair Housing laws.

Article 10 of the REALTOR Code of Ethics states:

"REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, national origin, or sexual orientation. REALTORS® shall not be parties to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status, national origin,or sexual orientation."

_____________________________________________________________ _____________________________________________________________ Owner Owner Rev. March 2014

OWNER’S DISCLAIMER - PROPERTY TO BE EXCLUDED FROM PUBLICATION IN

MULTIPLE LISTING SERVICE [OFFICE EXCLUSIVE]

NOTE: THIS FORM MUST BE SUBMITTED TO THE HUDSON GATEWAY MULTIPLE LISTING SERVICE, INC. WITHIN 24 HOURS AFTER AN OFFICE

EXCLUSIVE IS TAKEN BY A PARTICIPANT.

OWNER’S ACKNOWLEDGMENT The Undersigned Owner(s), does hereby acknowledge that an Exclusive Right To Sell Listing OR an Exclusive Agency

Listing on real property located at:

__________________________________________________________________________________________

has been given by the Undersigned to:

Agent: Broker:

Address:

We have entered into a Listing Agreement and a copy of that Agreement is stapled to this form.

Although the benefits of disseminating my/our listing through the Hudson Gateway Multiple Listing Service,

Inc., have been thoroughly explained to the Undersigned by the above specified Agent, I/we have instructed said Agent

not to disseminate the listing through the Hudson Gateway Multiple Listing Service, Inc.

The Undersigned acknowledge(s) that as a result of my/our decision, the exposure of my/our real property to

the full marketplace will not occur as it would have, if the listing had been reported to the more than 1300 participating

offices and their affiliated agents in the Multiple Listing Service. The Undersigned further acknowledge(s) that I/we

may not obtain the highest price nor the best terms as I/we might have if I/we had instructed the Agent to disseminate

the property through the Multiple Listing Service.

I/We confirm that the above-named Agent is obeying my/our direct instructions and that I/we have not been encouraged to

limit the marketing of my/our property to an Office Exclusive. Rather, that decision is one which has been made independently by

the Undersigned and the above named Agent is complying with that decision.

The Undersigned understands that this form, together with a photocopy of the original Listing Agreement [which is

attached] is required to be submitted to the Hudson Gateway Multiple Listing Service, Inc. in accordance with its Rules and Regulations.

The Undersigned understands that at any time in the future, I/we may instruct the Agent to submit my/our listing to the

Hudson Gateway Multiple Listing Service, Inc. and that same will thereafter be duly disseminated to all of its participating offices.

________________________________________________ Signature of Owner

/ /___ [Dated]

____________________________________________________ Signature of Owner

/ /___ [Dated] A DUPLICATE ORIGINAL OF THE LISTING AGREEMENT BETWEEN AGENT AND THE ABOVE-NAMED OWNER(S) MUST BE ATTACHED TO THIS ACKNOWLEDGMENT AND SUBMITTED TO THE HUDSON GATEWAY MULTIPLE LISTING SERVICE, INC. WITHIN 24 HOURS AFTER THE ANNEXED LISTING AGREEMENT HAS BEEN SIGNED. A $50.00 FILING FEE WILL BE CHARGED TO PARTICIPANT’S ACCOUNT.

Hudson Gateway Association of REALTORS® One Maple Avenue 9 Coates Drive, Suite 1 2 Medical Park Drive, Suite 17A Hudson Gateway Multiple Listing Service, Inc. White Plains, NY 10605 Goshen, NY 10924 West Nyack, NY 10994 HGAR.com 914.681.0833 Telephone 845.294.7905 Telephone 845.735.0075 Telephone 914.681.6044 Fax

Owner Name “Withheld”

To: HGMLS

From: ____________________________________________________ (Name of Seller(s)) (Please Print)

Re: Exclusive Listing Agreement for property located at: ______________________________________________________ (Please Print) ______________________________________________________

(Please Print)

We request that our Broker ______________________________________________________ (Name of broker) (Please Print) enter “withheld” in the computer field designated for seller’s name. We understand that this does not preclude anyone knowing our names by checking tax records ______________________________________________________ Seller’s signature ______________________________________________________ Seller’s signature

Broker/Manager: ________________________________________________________ Required Signature

Date: __________________________________

FOR BROKER ONLY Broker office Code: ________________________ ML#: ______________________ Broker to submit this form to the HGMLS along with a copy of the listing contract

Owners Affidavit – Name Withheld


OWNER’S INSTRUCTION TO DISCONTINUE SHOWINGS

[To be forwarded to any cooperating broker seeking access to property]

Owner hereby advises the Listing Agent and other Agents affiliated with HGMLS

Participants that an acceptable offer has been received and Owner hereby

instructs Agent to cease showing the property until further instruction.

Owner further acknowledges that this instruction may not be in the owner’s

best interest as it will prevent additional showings to prospective purchasers

and the potential offers to purchase that could result from those showings.

This notice is in no way to be considered binding on the Owner to sell the

property to any potential buyer.

This notice can be rescinded verbally or in writing at any time by Owner directed

to the listing Agent.

____________________________________________________

ML#

________________________________________________________________ Property address ______________________________________________ _____________ Signature of owner Date ________________________________________________________________ Listing Agent and Office

EXCLUSIVE RIGHT TO SELL EXCLUSIVE AGENCY Date: Broker Code: MLS #: It is hereby agreed that: The undersigned grants to (FIRM NAME) a renewal and extension of the Exclusive listing contract. The listed property is known and described in the MLS Service as: Address: (ORIG. LISTING DATE) (LAST EXPIRATION DATE) (NEW EXPIRATION DATE) All the terms outlined in the original agreement shall apply to this extension agreement, with the following exception:

(OWNER) (DATE) (BROKER)

(OWNER) (DATE) (SALES ASSOCIATE)

Expiration dates are now to be modified by the listing agent/office prior to and up to 30 days past the current expiration date. The extension form must then be uploaded into Matrix within 24 hours. Listings with an expired status for more than 30 days and a maximum of 60 days must be submitted within 24 hours of signing to HGMLS staff for processing. Listings with an expired status for more than 60 days require a new listing agreement.

Extension Agreement Revised 3/2016

EXTENSION AGREEMENT

For Members ONLY: FAX TO: 914-681-6044 or 845-294-3414 OR EMAIL [email protected] Only if the listing status is expired for 31 - 60 days


Status Change Form Office Name: ____________________________________________ Office City: ______________________ (Print)

Agent Name: ____________________________________________ Date: __________________________ (Print)

MLS Office Code: __________________________ Co List Office Code: _________________________ MLS # : ____________________ Price: $ ____________________ Property Type: _____________________ Owner’s Name: _____________________________________________________________________________ Address: __________________________________________________________________________________ (Street) (PO) (Town) (Zip)

(___) **Back on Market/From Off Market: ________________________________________________________ (Original Off Market Date-Month/day/year) (Seller’s Signature) **This change request MUST be submitted to HGMLS OFFICE: EMAIL: [email protected] or FAX TO: 914-681-6044 or 845-294-3414 (___) * Back on Market/From Temporarily off Market: _______________________________________________ (Original TOM Date-Month/day/year) (Seller’s Signature)

(___) * Temporarily Off Market (TOM): __________________________________________________________ (Off Market for a Short Period of Time) (Date-Month/day/year) (Seller’s Signature)

(___) * Off Market: __________________________________________________________________________ (Off Market Indefinitely) (Date-Month/day/year) (Seller’s Signature)

(___) * Price Change: $ ______________________________________________________________________ (New Price) (Seller’s Signature)

(___) All Other Changes: _____________________________________________________________________ (___) Sale Fell Through (Contract &/or Conditions not met): __________________________________________ (Date-Month/day/year)

(___) Contract: _____________________________________________________________________________ (Contract Date-Month/day/year) (Cooperating Agent)

(___) Title Passed/Rented/Sold: $ ______________________________ / _______________________________ (Sale Price) (Title Pass Date-Month/day/year)

(___) Concessions: $ _________________________ _________________________________ / ________________________________ / _________________________________ (Cooperating MLS Office Code) (Cooperating Agent Code) (Cooperating Agent Name)

(___) Check Here if Listing Expired __________________ __________________ ___________________ (Terms) (CONV) (CASH) (OTHER)

Participant’ Name: ______________________________________ Telephone No: _______________________

Instructions: Use this form for continual reporting, retaining a copy for your office showing all reports made for this listing.

______________________________________________________________ (Participant’s Authorized Signature)

(*Secure Sellers Signature on this form or attached signed agreement)

HGMLS policy requires the listing agent/office to make all changes to listings directly in the MLS system. A copy of this form may then be uploaded into the listing document folder by the listing agent/office. Submit a copy of this form for processing by HGMLS staff Only if you are unable to make a change

Fax: 914-681-6044 or 845-294-3414 or email: [email protected] Status Change Form


MODIFICATIONS / EXCLUSIONS Effective March 2014

M1 Buyer Exclusions: No compensation is offered to cooperating agents in the event that certain buyers, as named in the listing agreement, become parties to the transaction.

M2 Agent Exclusions: The seller refuses to permit cooperation with one or more named firms or individual agents, as named in the listing agreement or any relevant addendum. Listing agent is required to provide MLS with a copy of the written instruction from the seller.

M3 IAW: Listing agent will compensate cooperating agent only if, as, and when title passes to a customer or client of the cooperating agent.

M4 Commission Modification: The offered compensation to cooperating agents varies according to the sale price range or other variable. Call listing agent for details

M6 Disclosure of Ownership Interest: Listing agent or office owns the property, or has an ownership interest, or is representing another real estate licensee or a relative.

M7 Insufficiency of Funds: Seller has disclosed or listing agent has ascertained that a foreclosure or bankruptcy is pending or likely. M7 requires follow-through with either M7A or M7B. As M7A and M7B set forth different commission collection policies, Participants should indicate one or the other, not both.

M7A Litigation Policy: If foreclosure or bankruptcy affects listing agent’s compensation, listing agent does not guarantee whole or partial payment to cooperating agent. Listing agent/office will solely decide whether to litigate and will specify terms on which cooperating agent may participate in litigation and share in awarded compensation, if any. (Do not enter this Modification unless M7 obtains.)

M7B Litigation Policy: If foreclosure or bankruptcy affects the listing agent’s compensation, listing agent will not commence litigation and will not guarantee whole or partial payment to cooperating agent. However, listing agent may elect to assign any litigation claims to cooperating agent. (Do not enter this Modification unless M7 obtains.)

M8 Short Sale Notification: Transaction will be a short sale in which all parties including listing agent and cooperating agent accept negotiated compensation which may be other than that posted on the WPMLS property data form. Call listing agent for terms.

M9 Owner’s Right to Modify Compensation: Pursuant to Regulation 175.7 of the Department of State’s Regulations, an owner has the right, upon learning that an agent is to receive compensation from the buyer or tenant, to consent to same. Consequently, the owner’s refusal to consent to such compensation will result in a withdrawal of the offer of compensation to the cooperating broker. Payment of compensation to the cooperating broker by the listing agent is subject to disclosure under Regulation 175.7. Therefore the seller’s approval as indicated above must be obtained in all instances.

hudson gateway mls orientation - hgar · all listings of real property in the hgmls jurisdiction...

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