Manila Board of Realtors Inc

Terms and Agreement

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. YOU AGREE TO SELECT FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS MBRI MLS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.

DEFINITION OF TERMS:

MANILA BOARD OF REALTORS, INC (MBRI)

MEMBER IN GOOD STANDING (MIGS) – Refers to a Regular Member with a valid Real Estate Service Practitioner’s PRC (Philippine Regulatory Commission) License and who is up to date in the payment of his MBRI Regular Membership dues for the current year.

REGULAR MEMBERS – Regular Members are natural persons or individuals who are duly licensed real estate service practitioners and are Members in Good Standing.

REGULAR MEMBERSHIP DUES – Each regular member shall pay annual membership dues, which shall be determined by the Directorate, through the Board treasurer.

DEADLINE FOR PAYMENT TO BE MIGS – Regular Membership dues shall be payable not later than March 31 of each calendar year, unless otherwise extended and approved by the Directorate. 

MLS SERVER means the computer server or servers, including both hardware and software, maintained by MBR MLS which contains the MIGS MLS Listing Information and provides or provide the means for MBR MIGS to access the MLS Listing Information.

PARTICIPANT means the MIGS who is the principal, or MIGS’ office staff, partner, corporate officer, or branch office manager acting on behalf of a MIGS who participates in the Multiple Listing Service using said MIGS’ account by agreeing to conform to the rules and regulations thereof. For purposes of this Agreement, a “Participant” may also be a non-principal broker or sales licensee affiliated with a MIGS who participates in MBRI MLS with the principal’s consent. For purposes of this Agreement, the Participant is the MIGS or individual whose name and contact information appear on the Signature of every posting or corresponding designated section in the MLS website.

RULES refers to the MLS rules and regulations, as amended from time to time. Participant hereby acknowledges to agree to be bound by the Rules of MBRI MLS. The Rules may include terms and limitations in addition to those set forth by the MLS Committee of MBRI. In the event of any inconsistency, the terms of the Rules will govern. MLS Committee may modify the Rules at any time, as it deems necessary to better serve the public and cooperating MIGS. MLS agrees to deliver to Participant any modification or addition to the Rules, and Participant shall comply with such modification or addition not later than five (5) business days after receipt.

Only MIGS are allowed to post in this website; participant should pay MBRI dues.

Profile picture uploaded must be 2 x 2 recent colored photo with men in coat and women with blazer. Participant must look “corporate” with men with kempt hair and women with a light make up or touch of color to lips and cheeks.

Participant may only post listings in which he is DIRECT only.

Participant may not post pre-selling projects.

Participant should agree to networking with fellow MIGS of MBRI at 50-50 sharing.

Participant must not post any listing with Professional Fee below 3% for “FOR SALE” and one (1) month for the first twelve (12) months for “FOR LEASE” properties.

Participant must not post NET Listings or those properties wherein owners will pay Professional Fees based on NET proceeds to owners.

Buyer’s Broker warrants that he has pre-qualified his Buyer / Lessee for the property so as not to waste Selling Broker’s time.

Listing Broker must be ready to reply and share listings to MBRI MIGS who may have matching requirements. If they cannot reply to MBRI MIGS and give information on their listings, they should not list on this website.

Participant warrants that all information he puts about the property are accurate and correct to the best of his knowledge.

Participant warrants that he has verified all documents of all properties For Sale or For Lease he will list and that such properties have titles that can readily be transferred to the Buyer’s names or that the property is not a “sublease”.

Participant warrants that he has proper Authority to Sell or Authority to Lease for properties posted and must be ready to show such Authority to any cooperating broker, when requested.

Participant is not obligated to e-mail nor give hard copy to cooperating MIGS such Authorities they have secured from his owners but may just bring to show during property viewings.

When the transaction of a Sale is imminent, only then can the cooperating broker demand copy of the Authority to Sell.

Cooperating broker after being shown the Authority must NOT contact the Seller’s/Lessor’s Broker’s owner to list the property as his own.

Listing Broker after being introduced to the Buyer or prospective tenant by cooperating broker must not contact the other broker’s clients directly until after transaction is finished, and only with the consent of the Buyer’s /Lessee’s Broker.

When a sale or lease is consummated, Buyer’s/Lessee’s Broker must be paid by Listing Broker as soon as Professional Fee is released, which should be upon signing of the Deed of Absolute Sale (DOAS) or Lease Agreement, or if check is issued, when such check clears.

Any dispute among cooperating brokers must be made in writing to the MLS Committee and at the MLS Committee’s discretion, may be referred to MBRI Grievance Committee.

Participant acknowledges that the MLS Server, together with access to the MLS Listing, may, depending on the server, from time-to-time, may be unavailable, whether because of technical failures or interruptions, intentional downtime for service or changes to the MLS Server, or otherwise. Participant agrees that any modification of the MLS Server, any interruption or unavailability of access to the MLS Server, or access to or use of the MLS Listing Information shall not constitute a default under the Rules of this Agreement. MLS shall have no liability of any nature to Participant for, and MBRI and MBRI MLS waive all claims arising out of, any such modifications, interruptions, unavailability, or failure of access.

Participant is requested to e-mail MLS Chairperson at (EMAIIL ADDRESS) or any future designated e-mail for any closed transaction for data gathering on sold and leased out properties to help the real estate industry in general and MBRI members in particular.

In consideration of use of this website, Participant agrees to donate any amount voluntarily for every transaction closed through MBRI MLS.

MLS may, by delivery of written notice to Participant terminate this agreement effective immediately upon the occurrence of any of the following events:

MLS giving notice to Participant written notice of suspension or termination due to violations of any MLS Rules or by ceasing to become MBRI MIGS;

Participant giving notice to MLS that it no longer intends to display his MLS Listing on the MLS website;

MLS acknowledges and agrees that it may not suspend or terminate Participant’s privilege to post his listings for reasons other than those that would allow MLS to suspend or terminate Participant’s privilege to post, or without giving the Participant prior notice of the process set forth in the applicable provisions of the Rules for suspension or termination of Participant’s access.

No Fees, portion of the Fees, or other fees payable by Participant under this Agreement will be refunded to Participant upon termination of this Agreement for any reason.

No Warranties. Permission granted under this Agreement, including access and display of the MLS listing information, is provided “as is”. MLS disclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of closings on any particular property listed herein.

Indemnification. Participant indemnifies and holds harmless the MLS Committee, Directors and employees, from and against any and all claims, demands, liabilities, and actions, including the payment of all legal expenses, including reasonable attorneys’ fees and costs, arising out of or connected with any breach by Participant of any of the terms and conditions of this Agreement, including any breach of representation or warranty set forth in this Agreement, and the use and display of the MLS Listings posted herein. MLS shall have the right to control its own defense and engage legal counsel acceptable to MLS.

We may amend this Agreement and Rules from time to time as the need arises, to account for developments under the law, or for any other reasonable cause. Future performance by MLS Committee of our obligations under this Agreement is sufficient consideration for any such amendment. Any amendment will only become effective upon notification to you by email.

By selecting the “I Agree” option in selection box on the subscribe page, by logging in to your MBRI account, by accessing this or by accessing any of the Listings, you accept this Agreement and Rules set herein on behalf of yourself and any business or organization you represent (collectively, “you”, MBRI MIGS, Participant).

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