Rules | Variance Requests

Modified on Tue, 21 Apr at 3:17 PM


Click Here for San Diego MLS Rules and Regulations Document


SDMLS Participants/ Subscribers may submit a property type variance request for an additional property listing in another applicable property class after the accurate property type listing has been Active in the MLS at least through the first week and weekend on the Market without showing limitations.   

Variances are not applicable to or considered for properties located outside of San Diego County.   

Variances are decided on a case-by-case basis and prior granted variances do not guarantee future granted variances. 


SDMLS Rules Section 7.3.1 Multiple Property Entries.  

Multiple entries of the same property listed as more than one Residential Style or Property Type require a variance from the San Diego MLS, see Appendix C and C-1.   

Failure to follow variance procedures will be considered a violation and may be subject to a fine, disciplinary action and immediate removal of duplicate or improperly classified listing according to these rules.    


  • Appendix C Variance RequestPDF
  • Appendix C-1 Variance Request SupplementPDF

Please note:  It shall be the responsibility of the Broker Participant and R.E. Subscriber to properly classify the type of property listed, and if necessary, obtain a legal opinion to determine the correct classification. By classifying the type of property listed, the listing broker certifies that the listing falls under the classification designated. The MLS shall have no affirmative responsibility to verify the property type of any listing filed with the service. However, the MLS shall have the right to have legal counsel make a determination as to the classification of the property type and if the listing broker does not reclassify it accordingly, the MLS shall have the right to reject or remove any such listing that it determines falsely represents the classification of property type of the listing.


RESIDENTIAL STYLE DEFINITIONS

  • Condominium – Ownership of an individual unit where each homeowner only owns their individual unit space and an undivided share in the ownership of common areas or in a common homeowner association (HOA). Generally, the ownership of the individual unit is described in a Condominium Plan and usually consists of ownership of the surface of the walls and the space within. The covenants, conditions and restrictions (CC&Rs) will detail what building components and other complex amenities are considered part of the common area and will describe the common area or HOA ownership percentages and maintenance responsibilities.
  • Detached – Neither the residence nor any attached garage shares any wall with another property. This category also includes zero lot-line properties. The residence and/or attached garage is separate, disconnected and shares no common façade, roof or exterior wall.
  • Twinhome – One of only two units attached by a single wall, façade, ceiling, roof or garage.
  • Townhome – One of 3 or more units attached horizontally; each unit is typically 2 or more stories, but can be single story; no unit located above or below the subject unit; can be attached on one or two sides, but not on three sides; typically would have a front entrance and access to a yard or patio at the rear or side of the unit.
  • Row Home – One of three or more units that are attached by a façade, roof or walkway.
  • All Other Attached – An attached unit that does not fit the definition of Twinhome, Townhome or Row Home. Is typically part of a larger building with units above, below or on three sides. This style is meant to convey the characteristics of the building not just the unit listed. The “Unit Location” field gives additional info about the specific unit. For example, if the subject property is a penthouse or end unit attached at only one wall but part of a large multi-story building, it should be placed in the All Other Attached category.
  • Manufactured Home – Includes all homes which were constructed in substantial or in part at a location other than the final property address. This category is independent of whether “real estate is included”, the property is on a foundation, HCD documents have been filed, the form of ownership, or the property is on the tax rolls.
  • Modular Home – Modular homes are built in sections at a factory. Modular homes are built to conform to all state, local or regional building codes at their destinations. Sections are transported to the building site on truck beds, then joined together on site. Local building inspectors check to make sure a modular home’s structure meets requirements and that all finish work is done properly.

Need Local Assistance 

If you have any problems or questions please call SDMLS Rules (858) 373-4011

or email - Rules@sdmls.com


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