Effective July 1, 2018, that MLSs be prohibited from requiring participation by all offices of a real estate firm within the shareholder association(s) jurisdiction and that MLSs be required to provide a no-cost waiver option of MLS fees, dues and charges for licensees affiliated with an MLS Participant who can demonstrate their subscription to another MLS. Further, that references to MLS “jurisdiction” or “territory” be changed to “service area” to reflect the true nature of the location, and help eliminate confusion over the jurisdiction of shareholder association(s).
WHAT DOES IT MEAN?
MLSs operated by REALTOR® Association(s) are required to provide a waiver of subscription fees for any licensee who meets the following two criteria:
1. The licensee does not use the MLS’s services.
2. The licensee already subscribes to a different MLS under their principal broker.
Eligibility for MLS Waiver
1. No cost waiver for those members who can demonstrate subscription to a different MLS where the participant broker participates.
2. Non-licensed persons who serve as employee of the Broker Participant or an agent with the status of Administrative in the MLS system.
3. Waivers are good for one year and must be renewed by April 1st of each year.
Conditions of Waiver
• Waiver applicant will NOT directly or indirectly access or use in any manner whatsoever the data information stored in the BCAR MLS that is limited to only BCAR MLS participants and subscribers. Such access and use includes, but is not limited to direct access to use of the other devices or services provided by the BCAR MLS or its affiliated or licensed vendors or suppliers that permit access to and use of any confidential data from the BCAR MLS.
• Waiver applicant will NOT use, directly or indirectly in any manner whatsoever information from the BCAR MLS to list properties for sale or lease, to identify or locate properties for any potential buyers or lessees, and does not participle in the BCAR MLS.
• Waiver Applicant will NOT access any non-listing services offered by the BCAR MLS including but not limited to attending education and trainings offered to participants and subscribers except for CE offered in accordance with Alabama Real Estate Commission.
• Each waiver application must be accompanied by a letter of good standing from the MLS where Waiver Applicant has membership, dates of subscription, and supply this information and reapply for the waiver prior to April 1 of each year.
Violation of Waiver
While on waiver from the Baldwin County Association of Realtors® MLS, any licensee found to be a party to a listing agreement, a buyer agency agreement or named as the listing agent or selling agent on a purchase agreement for a property listed in the Baldwin County MLS will immediately be activated as a Subscriber, charged as a new subscriber including the Baldwin County AOR maintenance fee and all applicable fees back to the initial date of the violation of this waiver policy and may be fined. In addition, the Member Participant(Broker) will be fined $1,000. When BCAR MLS revokes a waiver, the Member Participant may NOT apply for a new waiver for that licensee until one year from the date of revocation.