July 16, 2026

This communication will serve as official notice to comply with the 30-day notification requirement to Participants of the Southwest Multiple Listing Service regarding changes to the SWMLS Rules & Regulations. These changes to two sections will become effective on Monday, August 17th.

The SWMLS Board of Directors approved several updates to the SWMLS Rules and Regulations to streamline compliance procedures and clarify IDX display requirements.

The revisions reduce hearing, rehearing, and appeal deadlines from 20 days to 10 days, require all hearing requests to be submitted by email, and simplify the hearing process. The Board also updated the IDX rules to clarify that expired and withdrawn listings may not be displayed through IDX, while the prohibition on displaying Coming Soon listings remains in place.

These changes improve administrative efficiency and provide clearer guidance for Subscribers and Participants.

Members can review the full redlined document here.

Below are excerpts from the affected sections.

Southwest MLS Rules and Regulations

Section 9.1.2  Procedure to Conduct Hearings

A Participant or Subscriber may request a hearing to challenge any fine or sanction they are assessed. All requests for hearing must be filed in writing within twenty (20) ten (10) days of receiving notice of fine or sanction. Requests may be mailed to SWMLS at 1635 University Blvd, Albuquerque, NM, 87102 or may must be sent via email to compliance@swmls.com. The hearing request must be made using the SWMLS Violation and Sanction Hearing Request Form and must provide a detailed explanation (including any supporting documentation) on why the Subscriber or Participant feels that the fine or sanction should not be assessed. Hearings of fines or sanctions resulting from Minor Violations levied by Staff will be heard by a quorum of the Compliance Committee. All other requests for hearing will be heard by a tribunal of at least three or five members of the Compliance Committee, not including any member who levied the initial fine or sanction. All hearings will be conducted following the policies and procedures of GAAR. (Amended 4/26)

Following the initial hearing Participant or Subscriber may:

• Accept the decision of the hearing panel
• Request a rehearing (must be done within 20 10 days after hearing). Rehearing petition may be based only on new evidence that could not have been discovered within reasonable diligence prior to the original hearing. The request must be in writing and include (1) a summary of the new evidence, (2) a statement of what the new evidence is intended to show and how it might affect the hearing Panel’s decision, and (3) an explanation of why the petitioner could not have discovered and/or produced the evidence at the time of the original hearing. The Chair of the Compliance Committee will consider and grant or deny a request for rehearing. Their decision will be forwarded to the Participant within 5 business days of decision. Only one petition for rehearing is permitted in reference to any one alleged violation.
• Participant may appeal decisions of the hearing panel to the Board of Directors of the Service. Such an appeal must be initiated in writing within 20 10 days after the hearing panel decision is mailed (or 10 days after rehearing request is denied) and be accompanied by a $250 fee. Appeal may be heard by a tribunal of at least three or five members of the Board of Directors of the Service within thirty (30) days from receipt of request for appeal. (Amended 4/26)

Reasoning

What changed:
The deadline to request an initial hearing, rehearing, or appeal has been reduced from 20 days to 10 days. Initial hearing requests must now be submitted by email to compliance@swmls.com using the required SWMLS Violation and Sanction Hearing Request Form, along with a detailed explanation and supporting documentation.

Why was this change made:
The revisions are intended to create a faster, more consistent, and better-documented hearing and appeal process. Requiring a standard form and electronic submission helps ensure that requests contain the necessary information and are received by the appropriate staff.

What this means for members:
Participants and Subscribers will need to act more quickly after receiving a fine, sanction, or hearing decision. They must submit requests within 10 days, use the required form, and include all relevant explanations and supporting documents.

Section 18.3.12

Display of sales price, and expired, and withdrawn, and coming soon listings is prohibited. (Amended 11/16  and Amended 4/26)

*Note: If “sold” information is not publicly accessible, display of sales price may be prohibited. “Publicly accessible” as used in IDX policy and rules, means data that is available electronically or in hard copy to the public from city, county, state and other government records. MLSs must provide for its Participants’ IDX displays publicly accessible sold information maintained by the MLS starting January 1, 2012. (Amended 05/21)

Reasoning

What changed:
Coming Soon listings were removed from the list of listing types prohibited from display. The prohibition continues to apply to sales prices for expired listings and withdrawn listings.

Why was this change made:
SWMLS approved changes last October, allowing Coming Soon listings to be syndicated to third-party websites. This section was inadvertently not updated at that time and still listed Coming Soon properties as prohibited from display. The revision corrects that inconsistency and aligns the display rules with the current syndication policy.

What this means for members:
Members may continue to have eligible Coming Soon listings displayed and syndicated to approved third-party websites. This change does not create a new syndication right; it clarifies the rules to reflect the policy already in effect. Sales prices for expired listings and withdrawn listings remain prohibited from display under this section.