ATS Bylaws • Policies & Procedures

Success in the real estate industry is directly related to a REALTOR®’s ability to access and interpret property market data and statistics. We provide training using the MLS system and software to ensure a REALTOR®’s success begins on the right path. It is our hope that REALTORS® will go beyond the mandatory training and take advantage of the intermediate and advanced classes that we offer.

Required ATS Inc. MLS Subscriber Training

• Basic MATRIX Listings (Rules)

All Participants and Subscribers are required to attend this live presentation within 30 days of application. This reservation is made through the CCAR Membership Department at the time of your application. If you do not attend mandatory training, your access to MLS service will be inactivated. You will receive your credentials to access the system within 24-48 hours of application for your service and you may access the system prior to attendance at this required course.

Recommended ATS Inc. MLS Subscriber Training

• Back to the Basics MLS (No CE)
• Mastering MATRIX Listings 102 (3 hours of CE)
• Advanced MATRIX Listings 103 (3 hours of CE)
• What’s in a CMA & Cloud CMA? (3 hours of CE)
• zipForm Plus (3 hours of CE)
• Marketing with Realist Tax (3 hours of CE)

A – Active: Active listings

AC – Active Contingent: Contracts with a contingency (i.e. financing, inspections). Listings remain AC until they are changed to another status.

AKO – Active Kick Out: Contracts with a kick-out (i.e. the sale of another home). Listings remain AK until they are changed to another status.

AOC – Active Option Contract: Contracts with an option period, including input of an option period expiration date. A warning mail message is sent to the Listing Agent on this type of listing after option expiration date is reached if listing has not been updated. Listings remain AOC until they are changed to another status.

P – Pending: Contracts with no contingencies, kick-outs or options–no more showings. Mail is sent 90 days after the pending date to remind the Listing Agent that the property is still pending. Remember to make any listing extension prior to moving a listing out of pending status.

S – Sold: After five days, no changes to the listing can be made except at the MLS provider level with a Broker-authorized written request.

L – Leased: Leased signed–no more showings. After five days, no changes to the listing can be made except at the MLS provider level with a Broker-authorized written request.

X – Expired: Listing period ended. If the expiration date is five days old, the listing cannot be brought back active again. A new listing must be entered. A notice is sent to the Listing Agent five days prior to the listing expiration.

W – Withdrawn: Withdrawn–with conditions. Effectively off the market, but not released to other brokers. It can be re-activated using the same MLS number prior to the expiration date. Only a Broker/Manager can log-in and make this status change.

T – Temp Off Market: Temporarily off of the market for a short period of time. It can be brought back as an active listing using the same MLS number prior to the expiration date.

C – Cancelled: Released with no conditions. Only a Broker/Manager can log-in and make this status change.

PER SECTIONS 7 AND 8 OF THE NTREIS RULES & REGULATIONS:

Submission of New Listings: All new listings must be entered into the MLS system within three days of the listing date. A fine of not less than $50, nor more than $100 per day will be assessed for failure to comply. Computer failure shall not be an excuse for non-compliance.

Reporting of Option Contract (AO): An option contract must be reported in the MLS system within three days of the contract date. A fine of not less than $50, nor more than $100 per day will be assessed for failure to comply. Computer failure shall not be an excuse for non-compliance.

Reporting of Kick-Out Contract (AK): A kick-out contract must be reported in the MLS system within three days of the contract date. A fine of not less than $50, nor more than $100 per day will be assessed for failure to comply. Computer failure shall not be an excuse for non-compliance.

Reporting a Contingent Contract (AC): A contingent contract must be reported in the MLS system within three days of the last date of the option period, or the date of the contract when there is no option period in the contract. A fine of not less than $50, nor more than $100 per day will be assessed for failure to comply. Computer failure shall not be an excuse for non-compliance.

Reporting of a Pending Contract (P): A contract where all contingencies have been met is a pending contract and must be reported in the MLS system within three days of the date the last contingency was met. A fine of not less than $50, nor more than $100 per day will be assessed for failure to comply. Computer failure shall not be an excuse for non-compliance.

Reporting of Sales (S): A property is considered sold when it is closed and must be reported in the MLS system within three days of the actual closing date. It is the responsibility of the Listing Office to report the sale. A fine of not less than $50, nor more than $100 per day will be assessed for failure to comply. Computer failure shall not be an excuse for non-compliance.

Reporting Back on Market (BOM): A property is considered back on market if a contract falls through and is again ACTIVE (A) and must be reported in the MLS system within three days of contract termination. A fine of not less than $50, nor more than $100 per day will be assessed for failure to comply. Computer failure shall not be an excuse for non-compliance.

The canons of professional ethics and conduct adopted by the Texas Real Estate Commission require a licensee to exercise fidelity, integrity and competency.

Texas law requires all real estate licensees to provide information about brokerage services to prospective buyers, tenants, sellers and landlords.

REALTORS^® have an obligation to disclose their agency relationships. When requesting information from an agent/office regarding a property, inform them of your REALTOR^® status and agency relationship.

• Always show a property with the permission of the seller. Permission occurs via an appointment through a showing company, a listing company, agent, or the GO code in the MLS.
• When calling expired listings, make every effort to ensure the property has not been relisted before contacting the owner.
• Return calls in a timely manner.
• Provide feedback when requested from another agent.
• Ask permission from adjoining property owners before placing directional or open signs on their property.
• Be punctual for all appointments/meetings. Cancel appointments you are unable to keep.
• If you set off a security system, leave a note and let the listing agent know. If possible, wait for security officers to respond.
• Prepare for showings in advance–know where you are going.
• When showing property, sign-in or leave your card.
• If another agent is showing a property, please wait until their showing is completed or ask permission to show at the same time.
• Do not remove the last seller’s disclosure from the property unless writing an offer; then contact the Listing Agent and let him/her know there are no disclosures available at the property.
• Make every effort to leave a home in exactly the same condition as when you arrived. You have a responsibility to the owner of the house to always accompany your customer/client around the home.
• If damage is done in a home while showing, leave your card and contact the Listing Agent promptly. If you notice any irregularity in a property, notify the Listing Agent.
• Turn off all lights and lock all doors before leaving a property. When showing property that is fenced/gated, be sure to lock and secure the gates. Reset the security alarm (if armed when you arrived) and put the key back in the keybox.

• Never meet a stranger in a vacant property.
• For your own safety, always let someone know where you are going and who you are showing.
• Carry adequate car insurance.
• Be extra careful if talking on a mobile phone while driving.
• Put a first aid kit, extra umbrellas, paper towels, insect spray, flashlight, etc. in your car trunk.
• Don’t criticize a property–your client/customer may love it exactly the way it is.
• Never give legal advice. Your clients/customers have the right to advice from an attorney.
• Caution your client that everything must be in writing.
• Keep the office files as complete as your own on every transaction.
• Present all offers and counter offers on a positive note. Present everything and everyone in the best possible light. Help the other agent look good.
• Read all remarks in the listing for showing instructions. If an animal resides on the property, alert agents in the agent remarks and post a note. If the animal bites, barks, or is unpredictable, post a note to not enter the yard/garage without the owner present.
• If another agent is showing a property, wait until the showing is over or ask permission to show at the same time.
• If you are the listing agent on a property, coach the sellers to make themselves scarce during showings.
• Prequalify the buyers.

• Explain agency carefully to potential buyers or sellers.
• Pre-qualify the buyers.
• Carry contracts, addenda, forms, net sheets, etc. in your car.
• Receive a copy of the seller’s disclosure for the buyer to have at the time of offer.
• Sale of other property addendum should be used even if the property is under contract but not yet closed.
• Use of back-up addendum is required by TREC when there is a back-up offer.
• Use of all TREC promulgated forms is required by TREC. Be certain to use the most current form. An attorney should prepare a lease purchase or contract for sale, etc. There are no TREC promulgated forms for such contracts.
• Fill in all the blanks on contracts or addenda to alleviate the chances of miscommunication even if it is “N/A” for “not applicable.”
• Use “Special Provisions” of the contract form for factual information as your principle instructs you, pertaining to an offer/contract.
• Caution your client that everything must be in writing.
• Be consistent with the way you handle multiple offers. Tell everyone or no one that they are in multiple offer situations.
• Present all offers as quickly as possible and communicate with the selling agent. A selling agent may be present when an offer is presented with the seller’s permission. The selling agent may not be present during the listing agent’s negotiations with the seller.
• When an offer is fully negotiated and executed, date it. Take care to stay within all the timelines of the contract.
• Buyer and seller addresses and telephone numbers are an important part of the contract for “notices” to the parties.
• Always have a temporary lease for seller or buyer who will occupy a property prior to or after closing.
• Give contract copies to all necessary parties (title company, lender, buyer, seller, etc.).
• Have the escrow check receipted by the title company immediately upon contract acceptance. Deliver option check (if there is one) to seller. Keep a copy of checks for your files.
• REALTORS^®, when buying or selling real estate must disclose they are licensees.

The following Rules & Regulations apply to all Key holders of the Collin County Association of REALTORS^®. CCAR may enter into a cooperative agreement regarding the use of Keys and Keyboxes with other Associations of REALTORS^®. The Rules contained herein shall apply equally to the Key holders of said other Associations.

The following Rules have been established by CCAR and shall remain in full force and effect until modified by the CCAR Board of Directors.

1. Use of Keyboxes on Property: Key holders are encouraged but not required to place Keyboxes on listed property. Keyboxes shall be placed on the property only with the written consent of the owner.
2. Utilizing a Key: A Key holder utilizing a Key to access a Keybox must follow the specific showing instructions of the Listing Office. This requirement applies to both occupied and vacant properties.
3. Key and Keybox Changes: Staff members of CCAR are authorized to make changes as requested by a Key holder. Those changes may include but are not limited to:A. Reprogram a Key holder’s PIN.
   B. Reprogram a Keybox’s shackle and CBS code.
   C. Reprogram a Keybox’s access hours.
   D. Reprogram a Keybox’s access type for CBS access only.
4. All changes shall be requested in person by the Key holder with appropriate identification, or in a written format acceptable to CCAR staff.
5. Transfer of Keyboxes: Key holders may transfer Keyboxes which they own to another Key holder by completing the CCAR Keybox Transfer Form (PDF).
6. Replacement of Display Keys: A Key holder must process any requests for replacement keys through CCAR. Cost incurred with the replacement of Keys shall be according to the Replacement Cost Schedule as set forth in the Key Lease agreement. A Key holder may hold only one active Key at any one time thus any lost or stolen Key must be rendered inactive before a replacement Key can be issued. These costs may be mitigated by insurance associated with a lost or stolen Key.
7. Transfer of Keys: Keys are not transferable. Key holders who no longer desire or need a Key must return their Key and the equipment to CCAR for termination in accordance with the Key Lease.
8. Assignment of PIN Codes: PIN codes will not be issued to any Key holder except in person with proper identification acceptable to CCAR. Shackle codes and CBS codes will only be issued by telephone if CCAR staff is satisfied as to the identification of the requesting party.
9. Fee Differential: The fees set by CCAR for the Keys may vary with the membership status of the Key holder, as with a non-participant.
10. Enforcement of Rules:  A. Any written complaint against a Key holder regarding the use of a Key in violation of the Listing Office’s showing instructions shall be processed by CCAR. The Respondent shall be notified in writing by CCAR of the possibility of a hearing; B. Upon receipt of a written complaint regarding the abandonment of a Keybox at a property, CCAR will verbally notify the Keybox owner of said complaint. The Keybox owner shall have 48 hours after the notification to remove the Keybox. CCAR will have the authority to give the shackle code and to transfer the Keybox to the agent representing the property owner filing the complaint; C. Any violation of the lease agreement between a Key holder and Supra shall be enforced according to the terms of the lease and the management agreement between CCAR and Supra.
11. Definitions:  Affiliate: Affiliate members shall be real estate owners and other individual of firms who, while not engaged in the real estate profession, have interest requiring information concerning real estate, and are in sympathy with the objectives of CCAR. CCAR: The Collin County Association of REALTORS®.  Key: An electronic Key, together with the Key Cradle and accessories, which can be used to open Keyboxes.  Keybox: An electronic device provided by Supra that is designed to be opened using a Key.Key holder: A REALTOR^® member of the Association whether a salesperson or Broker.

    Respondent: A Key holder against whom a complaint has been made.

    Rules: Key and Keybox Rules and Regulations.

    Staff: Employees or contract labor of the Collin County Association of REALTORS® who have been authorized by the Association to carry out various duties with regards to the use of Keys and Keyboxes.

    SUPRA Supra Products, a division of Interlogix Inc.: A Delaware corporation and a party to the Key holder lease agreement between the Key holder and Supra Products.

    Unlicensed Assistant: An unlicensed Assistant associated with a member REALTOR^®

12. Affiliate Rules: All obligations contained herein shall apply equally to Affiliates. Affiliate rights may be defined to include the following limitation: An Affiliate’s use of the Key may be restricted to function only with a CBS code.
13. Unlicensed Assistant: Any Unlicensed Assistant must be associated with a REALTOR® member who shall be responsible for all actions of the Assistant regarding use of the Keys and Keyboxes. An Unlicensed Assistant’s use of the key may be restricted to function only with a CBS code. The right to use Keys and/or Keyboxes does not relieve the Unlicensed Assistant from complying with all rules as set forth in the Texas Real Estate License Act.
14. Compliance: The Rules as stated herein shall comply with the Lock Box Security Requirements as set forth in NAR Statement 7.31. The Rules shall not be in conflict with the NTREIS Rules and Regulations for MLS, nor shall the Rules be in conflict with the provisions of the SUPRA Key holder lease agreement as agreed to by the Key holder. Further, the Rules shall be subject to the terms of the management agreement between SUPRA and the Association.

Business Development/tour meetings for membership and guests provide educational and informative programs.

MEETINGS

1. Attendees at Business Development Meetings must be current members of the Collin County Association of REALTORS®, participants or subscribers of Association Technology Services, Inc. (ATS) or an Affiliate/Associate Affiliate member of the Collin County Association of REALTORS®.
2. Smoking is not permitted at any time on meeting premises.
3. Materials may not be distributed inside the meeting area except by the meeting advertiser(s).
4. Literature and graphics promoting Broker listings, CCAR activities, and Affiliate advertising information may be placed in the designated areas for that particular material.
5. All Business Development Meeting programs must be educational in nature, or promote Association/ATS activities. MLS meetings shall not be used to promote, market, or sell products or services of commercial vendors.
6. It must be remembered at all times that the Business Development Meeting area is a neutral location for all members and must not be used to promote company affiliations or individual agendas, especially as it relates to recruiting practices.
7. We ask all members and guests to be courteous and refrain from talking while speakers are addressing the meeting. Please remember to silence mobile phones before the meeting begins.

TOURS

1. Tours of homes shall be known as voluntary previews of NTREIS listings.
2. All homes open to volunteer preview tours are open to all current NTREIS participants and subscribers.
3. Access to tour homes shall be limited to current participants and subscribers during tour hours, when an electronic Keybox has been placed on the property.
4. Alcohol, food, or drinks shall not be served nor prizes or awards offered at tour homes during preview tour hours.
5. Participants and subscribers on MLS preview tours should sign-in or furnish proper ID if requested.
6. All prospective buyers and tenants must be accompanied by a participant or subscriber.
7. Any electronic Keybox rules or procedures of the Association or ATS shall be in strict compliance with applicable rules, procedures, and policies of the lease agreement for the Keybox, Keycard, North Texas Real Estate Information Systems, Inc. (NTREIS), and the National Association of REALTORS^®.
8. Participants and subscribers may not announce homes open for preview tour at the meetings.

The MLS Committee, under the authority of the rules and guidelines in effect, will enforce these policies and procedures.

Requests for additions and/or changes to the policies and procedures must be made in writing and must be approved by the MLS Committee (and in some cases the ATS Board of Directors) prior to implementation.

All MLS preview tour information is confidential and shall not be furnished to any unauthorized person(s).

If you change company affiliation, it is important that your new Broker or Manager fill out and sign the Agent Status Change/Transfer Form. This form provides the information necessary to keep MLS and SUPRA key services active. If we do not receive this form, services will be terminated.

If You Transfer: MLS Service 
If you transfer to an office that receives MLS service from a provider other than ATS, Inc., there may be an additional cost for MLS service. You need to contact the appropriate provider for details.

If you transfer from an office that receives MLS service from a provider other than ATS, Inc. to an office in which ATS, Inc. is the MLS provider, ATS subscriber fees will be waived for the remainder of the quarter (with documentation that MLS fees for that quarter were paid to another association).

ATS-MLS subscriber fees are billed quarterly to each subscriber.