Variance Requests Rules

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 Request– PDF
• Appendix C-1 Variance Request Supplement– PDF

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. 

858-373-4011

rules@sdmls.com

San Diego MLS Rules and Regulations Document – PDF