Compensation Specified on each Listing. The listing Participant shall specify, on each listing filed with Central Texas MLS, the compensation offered to other Central Texas MLS Participants for their ser- vices in the sale/lease of such listing. Such offers are unconditional except that entitlement to compensation is determined by the cooperating Participant’s per- formance as the procuring cause of the sale (or lease). For purposes of Section 5 of these Rules & Regulations, offers of compensation made through Central Texas MLS shall be applicable to brokers who are Participants of an MLS receiv- ing listing data from Central Texas MLS.
Compensation Specified on each Listing. The listing broker shall specify, on each listing filed with the multiple listing service, the compensation offered to other multiple listing service participants for their services in the sale of such listing. Such offers are unconditional except that entitlement to compensation is determined by the cooperating broker’s performance as the procuring cause of the sale (or lease) or as otherwise provided for in this rule. The listing broker’s obligation to compensate any cooperating broker as the procuring cause of the sale (or lease) may be excused if it is determined through arbitration that, through no fault of the listing broker and in the exercise of good faith and reasonable care, it was impossible or financially unfeasible for the listing broker to collect a commission pursuant to the listing agreement. In such instances, entitlement to cooperative compensation offered through MLS would be a question to be determined by an arbitration hearing panel based on all relevant facts and circumstances including, but not limited to, why it was impossible or financially unfeasible for the listing broker to collect some or all of the commission established in the listing agreement; at what point in the transaction did the listing broker know (or should have known) that some or all of the commission established in the listing agreement might not be paid; and how promptly had the listing broker communicated to cooperating brokers that the commission established in the listing agreement might not be paid. In filing a property with the multiple listing service of an association of REALTORS®, the participant of the service is making blanket unilateral offers of compensation to the other MLS participants, and shall therefore specify on each listing filed with the service, the compensation being offered to the other MLS participants. Specifying the compensation on each listing is necessary, because the cooperating broker has the right to know what his compensation shall be prior to his endeavor to sell. Note: The compensation specified on listings filed with the multiple listing service shall appear in one of two forms. The essential and appropriate requirement by an association multiple listing service is that the information to be published shall clearly inform the participants as to the compensation they will receive in cooperative transactions, unless advised otherwise by the listing broker, in writing, in advance of submitting an offer to purchase. The compensatio...
Compensation Specified on each Listing. The listing Participant shall specify, on each listing filed with Central Texas MLS, the compensation offered to other Central Texas MLS Participants for their services in the sale/lease of such listing. Such offers are unconditional except that entitlement to compensation is determined by the cooperating Participant’s performance as the procuring cause of the sale (or lease). For purposes of
