A new version of the Rules and Regulations of  MLS Hawaii, Inc. d/b/a Hawaii Information Service is available in the HIS website.  This version was adopted by the HIS Board of Directors on May 19, 2009.  Members may access the rules through the MLS Rules and Regulations link that appears on the login page under REsearch Quick Links.  The rules now include  amendments approved by the HIS Board of Directors since January 2009.  Following are the revisions you will see in the new version of the rules:

• Alphabetization of the Definitions in Article II.  Defiinitions and usage.
• Short Sale Disclosure in the Public Remarks permitted with seller’s consent.  We have had several members express that they felt it a duty to the public to disclose that a property was subject to short sale in the the Public Remarks.   A sentence has been added to Section 3.05.a. that reads as follows.

“Participant may, but is not required, to disclose the existence of a potential short sale in the public remarks provided the seller has consented to the disclosure; regardless whether participant discloses a potential short sale in the public remarks, the participant is still subject to the requirements of Section 4.09 Information in listing records limited.”
 
There are several listings currently in the service that have mention of the listed properties being subject to short sale in the Public Remarks.  Listors of these listings should remove any reference to short sales in the Public Remarks if they do not have the sellers’ consent to display such information.
Reminder!  If you have properties listed that are or may be subject to short sale, you must include the language “Potential Short Sale” in the Private Remarks.

• Addition of Sections 6.23 and 6.24, regarding participant websites.  These were added to mirror the NAR Model MLS rules.

Section 6.23. Disclosure of firm and licensee names. A participant’s firm websites shall disclose the firm’s name and state(s) of licensure in a reasonable and readily apparent manner. Websites of associate subscribers affiliated with a participant’s firm shall disclose the firm’s name and the associate subscriber’s state(s) of licensure in a reasonable and readily apparent manner.

Section 6.24. True picture in advertising. Participants shall present a true picture in their advertising and representations to the public, including the URLs and domain names they use, and participants may not:
a.       engage in deceptive or unauthorized framing of real estate brokerage websites;
b.       manipulate (e.g., presenting content developed by others) listing content in any way that produces a deceptive or misleading result; or
c.        deceptively use metatags, keywords or other devices/methods to direct, drive, or divert Internet traffic, or to otherwise mislead consumers.

Should you have any questions, please feel free to contact us at 1-800-628-3121 or send an email to TechSupport@HawaiiInformation.com.
_____________________________________________________________________________________  JULY BILLING & WAIVER REMINDER
Aloha Brokers and Agents
Important Billing Announcment
Next billing for credit card and ACH customers is
Wednesday, July 1, 2009
 
(Payments by check are also due Wednesday, July 1st)If you are placing your license INACTIVE, or if you are surrendering your license, we must receive a copy of your DCCA change form.  We request that changes be submitted to us 4 to 5 business days prior to the billing date, so please send your form(s) in by Wednesday, June 24, 2009 to assure that your chagnes will be processed before the buillind on July 2, 2009.  Once we charge your credit card or debit your account, there is no refund.

If you need to change your payment account, please go to this link: Exhibit C – Pre-authorized Payment AgreementPrint and complete this form, sign it and fax you new Exhibit C to (808) 524-6874.  Please note that your broker does not have to sign this form if you are only changing your account information.If you need to change your payment frequency please notify us, by one of the following methods:
a) Call HIS Accounting: 1-800-628-3121, ext. #454, or
b) Send an email to Accounting@HawaiiInformation.com or deb@hawaiiiinformation.com

It is the responsibility of the PB to insure that the fees that are due are paid by the 10th of each month or service may be interrupted to the entire office on the 11th.  Each PB must be responsible for his/her own agents.  If an agent is not able to pay his/her MLS fees, the PB has the following choices.

• Release the agent, placing their license inactive with DCCA, and providing a copy of the release to HIS.  The agent’s signature is not required. 
• Loan the agent sufficient funds to pay the MLS fees due.
• Pay the fees due on behalf of the agent.
   

The PB is responsible for managing the roster for his/her office.  Fees will continue to be billed until a DCCA change form is received by HIS.
 
As always, we appreciate your cooperation.

Also……….
WAIVER APPLICATIONS/RENEWALS ARE DUE NOW!
Do you have agents, assistants, or other staff that qualify for an MLS Waiver? Waiver applications and renewals are DUE NOW! Please read this important information about waiver applications.

Waiver Applications for the new fiscal year period from July 2009 through June 2010 are due by June 30, 2009.

Waiver applications for the July 2008 to June 2009 period will be automatically be expiring on June 30, 2009. Anyone who is under waiver and want to continue accessing the MLS service under a waiver application must submit a new waiver application by June 30th of each fiscal year. This affects all licensed support subscribers, property managers and time-share agents. Waivers are also required for each partner or officer, director or shareholder who has a license, but does not engage in sales activity. Click here to obtain the Waiver Application form.

_____________________________________________________________________________ 

Administration Notes
Normal Office Hours

Monday – Friday:   8:00 a.m. to 5:00 p.m
 
In the event of emergency ….
you may leave a message in our emergency voice mailbox by calling the main office number and pressing * (star).   Leave your message and our phone system will notify our on-call staff that there is an emergency message.  Call 1-800-628-3121, if calling from the neighbor islands or 599-4224, if calling from Oahu.
 
www.HawaiiInformation.com
Dole Office Building, 680 Iwilei Road #777, Honolulu, HI 96817

Our office will be closed from December 25, 2008 through January 4, 2009. Normal office hours will resume on Monday, January 5, 2009.

Normal office hours are Mon-Fri, 8:00 a.m. to 5:00 p.m.

In case of emergency….

Neighbor Islands call 1-800-628-3121 and enter “*”
Oahu call 599-4224 and enter “*”

Leave a voicemail message along with your name and your contact information.

Mahalo!

HAWAII INFORMATION SERVICE
680 Iwilei Road, Suite 777
Honolulu, HI 96817
HawaiiInformation.com

If you are placing your license INACTIVE, or if you are surrendering your license, we must receive a copy of your DCCA change form. We normally request that changes be submitted to us 4-5 working days prior to the billing date, so please send your form(s) in by December 23, 2008 to assure that your changes will be processed before the billing is sent out on January 5, 2009.

Once we charge your credit card or debit your account, there is no refund. Please contact us before billing occurs if you would like to make any changes to your billing.

If you need to change your payment account, please go to this link:
http://www.hiiinfo.net/REsearch/IDX/mlsHawaii/forms/PreAuthprizedPayment.pdf

Print and complete this form, sign it and fax your new Exhibit C to (808) 524-6874. Please note that your broker does not have to sign this form if you are only changing your account information.

If you need to change your payment frequency or billing cycle, please notify us by:

- Calling HIS Accounting at 1-800-628-3121, ext. #454, or
- Send an email to Accounting@HawaiiInformation.com

Mahalo!

Clarification of the use of more than one form type to list property:

Vacant land listed also as Residential:
A vacant land property may be listed as residential only if there are building plans for a residential structure “to be built”, and the list price on the residential listing must reflect the cost of the land and residential structure to be built.

Vacant land with a structure that is not considered a residential structure (such as a storage shed or temporary structure) may not be listed also as Residential unless there are building plans for a residential structure “to be built”. The list price on the residential listing must reflect the cost of the land and the residential structure to be built.

Residential listed also as Vacant Land :
A property with a structure already on it may be listed as vacant land only if the list price on the vacant land listing reflects the price of the land only. Even if the structure was built without permits, the property may not be listed as vacant land unless the land listing is list priced for the land only and the seller/owner is willing to sell the property at the land only price.

The above criteria has been developed to prevent the listing of properties on more than one form type only for the purpose of providing additional exposure for the property. To list a vacant land parcel as residential when there is no intention to build a residential structure on it before it is sold, or to list a residential property as land when there is no intention to sell the property at the land price only is deceiving, and could be considered a misrepresentation of the property in the eyes of license law enforcement authorities.

We will be sending notices to all listors who currently have listed properties under both Residential and Land that do not meet the above criteria. After December 31, 2008, any listing that does meet the criteria will be in violation of the rules and the listor will be subject to processing fees of $25 for the first instance and $50 for every instance thereafter.

Should you have any questions, please feel free to contact Diana Haraguchi at 1-800-628-3121, enter # and then 172, or send an email to Diana@HawaiiInformation.com.

Please be Considerate!

Use of MLS/HIS Email Lists Limited

We have received several reports from members who have received unwanted email from members who may be using email distribution lists that have been generated from the HIS roster database. The MLS rules state that the use of these lists is strictly limited to promoting the sale of properties listed in the service. They may not be used for the distribution of announcements for garage sales, ads for the sale of vehicles or for forwarding chain emails. These are considered “spam” (sometimes called “junk email” ) that are not appreciated by most of our customers. Even if the sender is not using a list generated from the HIS system, the sender should provide the recipients with a way to “opt out” of receiving any future mailings from the sender.

Administration Notes
Our offices will be closed for the holidays from December 25, 2008
through January 04, 2009. Normal office hours will resume on January 05, 2009

Normal Office Hours
Monday – Friday: 8:00 a.m. to 5:00 p.m

In the event of emergency ….
you may leave a message in our emergency voice mailbox by calling the main office number and pressing * (star). Leave your message and our phone system will notify our on-call staff that there is an emergency message. Call 1-800-628-3121, if calling from the neighbor islands or 599-4224, if calling from Oahu.

www.HawaiiInformation.com
Dole Office Building, 680 Iwilei Road #777, Honolulu, HI 96817

MELE KALIKIMAKA
&
HAUOLI MAKAHIKI HOU

We hope that everyone has a safe and happy holiday season.

Have a safe and wonderful holiday weekend.

Mahalo!

Waiver Applications for the new fiscal year period from July 2008 through June 2009 are due by June 30, 2008

Waiver applications for the July 2007 to June 2008 period will be automatically be expiring on June 30, 2008. Anyone who is under waiver and want to continue accessing the MLS service under a waiver application must submit a new waiver application by June 30th of each fiscal year. This affects all licensed support subscribers, property managers and time-share agents. Waivers are also required for each partner or officer, director or shareholder who has a license, but does not engage in sales activity. Click here to obtain the Waiver Application form.