Members providing listings to the MLS shall have a valid written listing agreement with all necessary signatures in their possession. By entering a listing into the MLS, members represent that they have in their possession such written agreements and the represented type of listing agreement. The MLS shall not take any responsibility for any liabilities arising out of listings submitted without valid agency agreements.

The MLS shall only accept listings of residential, commercial, industrial, agricultural, and special purposes properties, located within the Republic of Kenya.

Listings made by Agents must only be uploaded by an authorized officer of the agency.

Listings made by Auctioneers must only be uploaded after the Auctioneer receives written instructions from the Lender.

Listings made by Lenders must only be made by an authorized officer of the Lender.

Listings shall only be submitted through an online listing form of a type accepted by the MLS. The MLS reserves the right to refuse to accept a listing that fails to adequately meet mandatory fields in the online listing form.

The MLS does not regulate the type of real estate listings its members may take. This does not mean that the MLS must accept every type of listing. The MLS shall decline to accept listings that it deems unethical or harmful to the public.

Listing information and input provided by members shall be complete in every detail required for input into the MLS. Members shall use reasonable care to ensure the accuracy of submitted listing information.

The Property Description Field is for describing the physical attributes of the listed property only. Confidential information such as names, phone numbers, email addresses, website addresses, or service provider information shall not be entered in the Property Description field.

Any change in listing price or other changes in a listing may only be changed while the listing is in Active status. Once an offer has been accepted, the listed price should not be changed unless the contract has been terminated, and the listing status is changed back to Active.

Listings may be terminated or withdrawn from the MLS by the listing member before the expiration date of the listing.

All properties within a multi-unit project and which are to be sold or which may be sold separately must be indicated individually in the listing form.

When a property has been sold, it must be promptly marked as “Sold” in the MLS.

It is the prerogative of the listing member to indicate the commission payable to the cooperating agents. The MLS shall not fix, control, recommend, suggest, or maintain commission rates or fees for services to be rendered by Participants. Further, the MLS shall not fix, control, recommend, suggest, or maintain the division of commissions or fees between cooperating agents or between Banks/Developers and agents.

When a member is suspended from the MLS for failing to abide by a membership duty (i.e., violation of the MLS Rules or other membership obligations), all listings currently filed with the MLS by the suspended member shall, at the member’s option, be retained in the MLS until sold, withdrawn, or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the suspension became effective. Prior to any removal of a suspended member’s listings from the MLS, the suspended member should be advised in writing of the intended removal.

When a member is expelled from the MLS for failing to abide by a membership duty (i.e., violation of the MLS Rules, or other membership obligations), all listings currently filed with the MLS shall, at the expelled member’s option, be retained in the MLS until sold, withdrawn, or expired, and shall not be renewed or extended by the MLS beyond the termination date of the listing agreement in effect when the expulsion became effective. Prior to any removal of an expelled member’s listings from the MLS, the expelled member should be advised in writing of the intended removal.

When a Participant resigns from the MLS, the MLS is not obligated to provide services, including continued inclusion of the resigned member’s listings in the MLS compilation of current listing information. Prior to any removal of a resigned member’s listings from the MLS, the resigned member should be advised in writing of the intended removal.

All listing content submitted to the MLS shall contain or link to information pertinent to the listed property only. Listing content previously submitted by a member may not be used by other members on subsequent listings without written authorization from the listing content owner.

Digital images and photo description text shall not contain legible contact information such as names, phone numbers, email addresses, or website addresses, including the use of embedded, overlaid, or digitally stamped information.

At least six (6) unique digital images of each property or its grounds listed are required. An exception requiring at minimum one (1) unique digital image of an artist’s rendering is allowed if the listing is “To Be Off-Plan/Under Construction”.

Digital images such as floor plans, artist renderings, or elevation drawings are also allowed as long as they represent the actual property.

Any virtual tours submitted to the MLS shall comply with the following guidelines:

1. The primary focus of the tour shall be on the subject property only.
2. Hyperlinks on the virtual tour shall link only to web pages that provide a description of the listed property.
3. The tour must be hosted on an Internet-accessible server from which an MLS Participant can retrieve the tour by selecting that tour’s hyperlink.

URLs submitted to the MLS and designated as a Web hyperlink shall only link to web pages that are pertinent to the listed property or to the Participant’s or Subscriber’s website.

Listings entered into the MLS system which are scheduled for auction shall be clearly indicated as an “Auction Listing” in the member remarks. The listing member must further indicate in the remarks section:

1. The date, time, and place of auction.
2. The procedures by which interested parties shall register their representation of a potential bidder at the auction.
3. The time and manner in which potential bidders may arrange to inspect the listed property.
4. If the seller will accept a purchase offer prior to the scheduled auction.

Members shall indemnify the MLS and other members and subscribers for any fines, fees, damages, attorneys’ fees, and costs incurred by the MLS, other members, or subscribers in relation to any claim, demand, or lawsuit alleging that the listing content submitted to the MLS by the member or any of its subscribers infringes upon a copyright or any intellectual property right.

Appointments for showings with the seller or lessor for the purchase or lease of listed property filed with the MLS shall be conducted through the listing member by providing the time of arrival, names, and contact information of the cooperating broker and the licensed agent to be present at the listed property during the showing, except where the listing member gives the buyer-side agent specific authority to contact the owner directly for showing; provided, however, the buyer-side agent may not engage in negotiations, directly or indirectly, with the seller or lessor. All appointments for showings must be confirmed by the listing member or seller prior to the buyer-side agent entering the property.

The MLS members are free to enter into contractual relationships with each other to enable closure of a transaction.