Listing Terms and Conditions

Listing policies and rules of State Listings, Inc., doing business as NYStateMLS.com and MyStateMLS.com, NY State MLS and My State MLS (collectively, "The MLS").

Please review The MLS's Listing Policies and Guidelines (the "Listing Policies"), Terms of Use, and Privacy Policy before entering property listings on The MLS. All listings are subject to the Listing Policies. All Members must be licensed real estate agents and/or brokers to enter listings on The MLS. By entering a listing, all Members agree to the Listing Policies and The MLS's Terms of Use.

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1. Member Eligibility & Responsibility 

All Members must be licensed real estate agents and/or brokers to enter listings on The MLS. The Listing Policies prohibit Members from entering any listing that infringes on the intellectual property rights of any party or otherwise violates The MLS's Terms of Use. By entering a listing, the Member warrants that the Member owns or otherwise controls all rights necessary to provide, post, upload, or submit that content. 

The MLS cannot police or control all content submitted by Members. Regardless of whether a listing has undergone Listing Review (Section 2), the Member remains solely responsible for complying with the Listing Policies and The MLS's Terms of Use.

2. Fair Housing & Equal Opportunity Compliance 

The MLS is committed to full compliance with the federal Fair Housing Act and all applicable state and local fair housing laws. Members may not create, publish, or permit any listing, photograph, remark, Marketing Text, or other content that states or implies any preference, limitation, or discrimination based on race, color, religion, sex, national origin, familial status, disability, or any other characteristic protected under applicable federal, state, or local law.Prohibited content includes, without limitation, statements or implications about the suitability (or exclusion) of a property for persons of a particular race, religion, family composition, or ability status, as well as photographs, remarks, or descriptions that suggest such a preference or engage in discriminatory steering.The MLS reserves the right to reject, edit, or remove any listing content that appears to violate fair housing requirements. Repeated or willful violations may result in discipline under Section 11 (MLS Governance & Discipline), up to and including suspension or termination of MLS privileges.Members are solely responsible for ensuring their listings comply with fair housing laws and are encouraged to consult applicable fair housing resources or legal counsel with any questions.

3. Listing Submission & Review Process 

3.1 Authority to List
A Member may submit a property listing only if the Member holds a current written listing agreement executed by the property owner of record or by a person with documented legal authority to list the property on behalf of the owner or the owner's estate, such as a duly appointed personal representative, trustee, or guardian acting under a valid power of attorney.A purchase agreement, option, assignment right, or other equitable interest, standing alone, does not authorize a Member to list the property. Upon request, the Member must provide documentation establishing the ownership of the property and the signing party's authority.

3.2 Listing Review 

All listings entered on The MLS may be reviewed by MLS staff ("Listing Review") before becoming available for full public viewing. The MLS reserves the right, but not the obligation, to review any listing at any time and may require a copy of the listing agreement and related documentation. Listing Review includes confirming that: 

 •      The listing agreement is current and executed by the owner of record or by a person with documented legal authority under Section 3.1. If the signing party differs from the owner or seller identified in the listing, the signing party must be identifiable and the party's authority must be documented.
 •      Owner/seller information is present on the listing and does not match the listing agent's name, unless the property is agent- or broker-owned.
 •      The listing agent named on the agreement matches the agent entered in the MLS, to confirm that unauthorized account sharing has not occurred.
 •      The listing office/brokerage, property address, and listing expiration date match the listing agreement, and the agreement has not expired. 

At its discretion, The MLS may exempt certain accounts from routinely submitting a listing agreement during Listing Review-for example, based on account tenure. Any such exemption applies only to the routine submission or review process and does not eliminate the Member's obligation to hold a valid listing agreement or to provide the agreement and related authority documentation upon request.If a listing does not comply with the Listing Policies, including because it contains inaccurate or incomplete information, The MLS will notify the Member by email describing the deficiency and how to correct it. 

The Member will have a reasonable period, routinely 48 hours, to review the notice, correct the listing, and resubmit it for approval. Once Listing Review confirms that the listing is compliant, it will be made available for full public viewing.If the Member does not respond within the permitted period, The MLS may, in its sole discretion, remove the listing or other noncompliant content or prevent the listing from appearing on the Service.

3.3 Providing Documentation 

Upon request, a Member must provide The MLS with a copy of the listing agreement and any ownership or authority documentation required under Section 3.1 within two (2) business days. Failure to provide the requested documentation may result in removal of the listing and discipline under Section 10, including possible suspension of MLS services.

4. Required Listing Fields 

All fields marked with an asterisk (*) and shown in red in the Listing Wizard are required ("Required Fields") and must be completed with valid, accurate data about the property being listed. Listings with missing Required Field data, or data that is illogical or invalid, will be removed from the site until corrected. 

4.1 Address Fields 

Address, City, State, and Zip Code are Required Fields and must reflect the actual physical address or intersection of the property. These fields may not be used for additional property information (see Marketing Text, Section 5.1). Entering "Confidential," "Call Broker," "Withheld," or similar language in the Address or City fields to hide the property's location is strictly prohibited. Members who wish to keep an address undisclosed to the public may do so using the appropriate option in the Listing Wizard. The MLS reserves the right to remove any listing containing invalid or non-address information in an address field, with or without notice to the listing broker. 

4.2 Property Type 

Every listing must be assigned the property type that accurately describes it. The MLS supports both commercial and residential real estate, including: Commercial Buildings, Businesses, and Leases; Manufactured Homes on Leased or Private Land; Multi-Unit properties (Two to Four Families, and Five or more Units); Single Family with Accessory Unit; Attached House, Condo, Coop, Condop, and Attached Townhouse; Single Family Detached; and Vacant Land.A single property may not be entered under more than one property type (see Duplicate Listings, Section 7.3). The MLS reserves the right to correct or remove any property type designation it determines to be misleading. 

4.3 PricingSale 

Listings require a valid Asking Price, and Lease Listings require a valid rental rate for each space, in order to appear in price-range searches. The MLS reserves the right to remove any listing with an invalid price, including a listing with $0 entered as the Lease Rate, Sales Price, or Opinion of Value. 

4.4 Status & Expiration Date 

Status is a Required Field and must be one of: Active, Pending (Contract), Sold, Rented, Expired, or Withdrawn. Expiration Date is also a Required Field; it is visible only to the listing agent or broker (or an Administrator of the company's listings) and is hidden from other MLS members viewing the full listing.

5. Listing Content Standards 

5.1 Marketing Text 

The Marketing Text field is intended solely to describe the property that is for sale or lease. Marketing Text may not include:
 •      Contact information of any kind - names, phone numbers, fax numbers, email addresses, company names, or URLs - for any person or company, including those who are not MLS members.
 •      Self-promotional language referring to the listing broker or agent.
 •      Numbers or contact details spelled out in words (for example, writing out a phone number) to circumvent these restrictions.Any prohibited content found in Marketing Text will be removed, and the listing broker will be notified by email. Habitual violations may result in removal of all of that broker's active listings until the issue is corrected.Marketing Text must also include certain disclosures where applicable:
 •      If Marketing Text references a preferred, affiliated, or in-house lender, title company, or other settlement service provider, it must also state that the buyer is free to use any settlement service provider of their choice. This disclosure, together with any other requirements applicable to the referral arrangement, is required under the Real Estate Settlement Procedures Act (RESPA) and its implementing Regulation X.
 •      If the Member (or an entity in which the Member holds an ownership or financial interest) owns the property being listed, that interest must be clearly disclosed in the listing. This disclosure is required under applicable real estate license law and professional ethics standards, regardless of whether the listing is otherwise marked as agent- or broker-owned. 

Members should consult legal counsel regarding any affiliated-business or referral arrangement disclosed in a listing; RESPA carries significant civil and criminal penalties for noncompliance.

5.2 Remarks 

In addition to Marketing Text, The MLS provides several remarks fields, each with a distinct purpose:
 •      Marketing Postfix: Automatically appended to listings and syndicated to third-party sites that accept it. Third-party sites maintain their own listing policies, and some do not display the Marketing Postfix; The MLS is not responsible for how third-party sites handle syndicated content.
 •      Agent Remarks: Visible when a listing is emailed by an agent other than the listing agent. This field may not contain any contact information, self-promotional language, web addresses, email addresses, phone numbers, or other information identifying the listing broker or agent. The MLS may remove such content without the listing broker's permission. Branding and promotional language belongs in the Marketing Postfix, not Agent Remarks.
 •      Detailed Remarks (members-only): May include a more detailed property description or notes not captured elsewhere.Habitual abuse of these remarks fields may result in removal of all of a broker's active listings. The MLS is not responsible for the accuracy of remarks or comments entered by Members in any field; cooperating brokers should independently verify all listing information. 

5.3 Showing Information 

The Showing Information field should generally include only:

 •      The listing agent's contact information (or, in limited cases, the owner's information);
 •      A showing phone number for the listing agent or a designated team member; and
 •      A ShowingTime number, where applicable.Content that falls outside these categories may be removed at The MLS's discretion. 

5.4 Photographs 

Photographs uploaded to a listing must be actual photographs of the property, renderings of new construction, or parcel maps of the property being listed. Photographs must either be owned by the listing broker or used with all necessary rights and authorizations from the photographer or copyright owner. Photographs may not:

 •      Contain contact information or other text (including "For Sale" signage bearing contact details);
 •      Show people or visible faces;
 •      Show injured or deceased animals;
 •      Be sourced from Google Maps/Street View, PropertyShark, or similar third-party sources rather than taken of the actual property; or
 •      Contain content otherwise unrelated to the property (including brokerage logos) or that may be considered offensive or in bad taste.The MLS may remove any photograph or listing that appears to violate this policy, in its sole discretion and without any obligation to actively search for violations. 

5.5 Contact Information 

Members' contact information is searchable within the password-protected MLS site but is not displayed to the public unless a Member chooses to post it directly. Broker and agent contact information, however, must be made available to the public.

6. Prohibited Conduct 

In addition to the standards above, the following conduct is prohibited on The MLS: 

6.1 Billboard Listings 

Listings on The MLS must be for properties currently offered for sale or lease. Posting a listing for a property that has already sold or is no longer on the market - including for general marketing or advertising purposes ("Billboard Listings") - is prohibited. Listings for properties that are sold or off-market will be removed. 

6.2 Offensive Language 

Profane, vulgar, obscene, sexual, hateful, or racist language is strictly prohibited anywhere in The MLS database. Listings or member content containing such language will be removed immediately, and the responsible Member may be subject to disciplinary action, including a formal warning, temporary suspension, or indefinite suspension of their account. 

6.3 Duplicate Listings 

A single physical property may not be listed more than once at the same time under different Listing IDs, and a single unit or suite of leasable space may not be listed more than once at the same time as a separate space listing. Total space listed within a building may not exceed the building's total square footage. The MLS reserves the right to combine or remove duplicate listings, with or without notice to the listing broker. Members may list the same property for both sale and lease simultaneously; this is not considered a duplicate. 

6.4 Violation of License Laws

Members may not violate the real estate licensing laws of New York State or of any other state in which they are licensed.

7. Listing Types, Auctions & Cooperation 

7.1 Types of Listings Allowed

The MLS accepts Exclusive Right to Sell, Exclusive Agency, and Open listings. Open listings are syndicated only to third-party sites that accept that listing type. Open listings are subject to an additional monthly fee on top of standard membership; see Member Benefits for current rates. 

 7.2 Property Auctions 

Real property auctions are permitted. Auction listings must clearly state, in the Marketing Text or Listing Remarks, that the property is being offered at auction, along with the time and place of the auction and how prospective bidders may inspect the property. If the auction is a reserve or absolute auction, the list price should reflect a fair market or estimated value. Auction listings must also state whether the property is available for showings and how and when offers may be submitted. 

 7.3 Offers of Cooperation and Compensation 

Cooperation among MLS participants is required by state law. Members are under no obligation to offer or disclose compensation; however, if an offer of compensation is entered in the MLS, it must match the amount specified in the executed listing agreement between the seller and the listing broker. Any compensation offered is the sole responsibility of the listing broker, who is solely responsible for paying it. If the listing agreement leaves compensation open to negotiation, brokers may request a co-broke agreement to define compensation before a transaction proceeds.State Listings, Inc. and The MLS are not responsible for, and bear no liability for, any compensation, commission, or other payment owed between parties to any sale, lease, or rental transaction - including if a listing broker fails to pay compensation or a dispute arises between brokers.All listings are automatically included in Internet Data Exchange (IDX) distribution by default; Members may opt individual listings out of IDX.

8. Listing Quantity, Fees & Account Use 

As required by Section 3.1, Members must hold a current written listing agreement before submitting a listing and must provide the documentation required under that section upon request.

Each Member receives up to 100 listings per calendar year at no cost. A Member who creates more than 100 listings in a calendar year will be charged a $5.00 fee for each additional listing beyond 100; a Member who exceeds 200 listings in a calendar year will be charged $5.00 retroactively for every listing entered that year. Office accounts, and the individual participants covered under an office account, are not subject to these per-listing fees. 

Each MLS account is issued for the exclusive use of the individual named on the account. Sharing account access - including granting another person access or entering listings on behalf of someone not named on the account - is strictly prohibited. A Member found to have listings actually represented by another licensee may incur listing fees regardless of listing count. 

Listings are shown to the public only while Active. Members may search and view listings in any status other than Hidden/Draft; Hidden/Draft listings are visible only to the listing agent, broker, or the company's Administrator.

9. Listing Maintenance & Status Updates 

Open listings that are not edited within 90 days of entry will be removed. Sold and Withdrawn listings must be updated within three (3) business days of the sale or receipt of a signed withdrawal; Contract, Pending, and Off-Market listings must be updated with the current status within three (3) business days of any status change. Members who fail to keep listing statuses current may be subject to membership suspension.

10. MLS Governance & Discipline 

10.1 Authority to Impose Discipline 

By becoming and remaining a Participant or Subscriber, each Participant and Subscriber agrees to be subject to the MLS's rules, regulations, and other governance provisions, and to any discipline The MLS imposes for violations. Discipline may include one or more of the following: 
 •      A letter of warning;
 •      A letter of reprimand;
 •      Required attendance at an MLS orientation or other reasonably available course or seminar;
 •      Suspension of MLS rights, privileges, and services for not less than thirty (30) days and not more than one (1) year;
 •      Termination of MLS rights, privileges, and services, with no right to reapply for a specified period not to exceed three (3) years; or
 •      Probation. Probation is not itself a form of discipline; rather, it holds an imposed discipline in abeyance for up to one (1) year. A further rule violation during probation may, at The MLS's discretion, result in the previously suspended discipline being imposed. If no further violation occurs during probation, both the probation and the held discipline are considered fulfilled. 

10.2 Compliance with Rules 

The MLS may take the following action for noncompliance with its rules: for failure to pay any service charge or fee within one (1) month of its due date (provided at least ten (10) days' notice has been given), service will be suspended until payment is made in full; and for failure to comply with any other rule, The MLS may take action as described throughout these Listing Policies. 

10.3 Applicability of Rules to Participants, Subscribers, and Users 

All Participants and Subscribers must observe and comply with these Listing Policies as amended from time to time. Each Participant is responsible for instructing its Subscribers and personnel on these Listing Policies to avoid conduct that is injurious or prejudicial to, or brings discredit upon, The MLS. Non-principal brokers, licensees, appraisers, and other authorized users of MLS information are subject to these Listing Policies and may be disciplined for violations, provided the user or subscriber has signed an agreement acknowledging that access to and use of MLS information is contingent on compliance with these Listing Policies. A Participant remains ultimately responsible and accountable for all of its affiliated users and subscribers, regardless of any discipline imposed directly on a user or subscriber. 

10.4 Consideration of Alleged Violations 

The MLS will consider all written complaints alleging violations of these Listing Policies. By becoming and remaining a Participant, each Participant agrees that enforcement of these Listing Policies is at The MLS's sole discretion. 

10.5 Violations of Rules and Regulations 

If MLS staff determines that an alleged offense violates these Listing Policies and does not involve an allegation of unethical conduct or a request for arbitration, staff will process the complaint accordingly. A decision may be appealed to The MLS within twenty (20) days of the decision.

11. Arbitration 

11.1 Agreement to Arbitrate 

By becoming and remaining a Participant, each Participant agrees to arbitrate contractual disputes with MLS Participants in other firms arising out of their relationship as MLS Participants, subject to the following:

 •      If all disputing parties are members of the National Association of REALTORS (NAR), they must arbitrate under the procedures of their local association.
 •      If the disputing parties are not NAR members, they must arbitrate using an independent arbitrator agreed upon by all parties. 

11.2 Awards 

The obligation to arbitrate includes the duty to either (1) pay any award to the party named in it, or (2) deposit the awarded funds with the arbitrating association to be held in escrow or trust for that purpose. Failure to satisfy an award or deposit funds within ten (10) days of the award may be treated as a violation of these Listing Policies and may subject the Participant to disciplinary action at The MLS's sole discretion.

12. Questions & Resources

Last Updated: August 18, 2026