ARTICLE XIX - MULTIPLE LISTING SERVICE

 

 

Section 1.  Authority. The Association shall maintain FOR THE USE OF ITS MEMBERS a Multiple Listing Service which shall be subject to the Bylaws of the Association and such Rules and Regulations as may be hereinafter adopted by the Multiple Listing Service subject to approval by the Board of Directors.

 

Section 2.  Purpose. A Multiple Listing Service is:

 

·         a means by which authorized participants make blanket unilateral offers of compensation to other participants (acting as subagents, buyer agents, or in other agency or non-agency capacities defined by law); by which cooperation among participants is enhanced; by which information is accumulated and disseminated to enable authorized Participants to prepare appraisals, analyses and other valuations of real property for bona fide clients and customers; by which Participants engaging in real estate appraisals contribute to common databases; and is a facility for the orderly correlation and dissemination of listing information so participants may better serve their clients and the public. Entitlement to compensation is determined by the cooperating broker’s performance as a procuring cause of the sale (or lease).

 

Section 3. Participation. Any REALTOR® of this or any other Member Association who is a principal, partner or corporate officer, or branch manager acting on behalf of the principal without further qualification, shall be eligible to participate in Multiple Listing upon agreeing in writing to conform to the rules and regulations thereof and to pay the costs incidental thereto.  However, under no circumstances is any individual or firm, regardless of membership status, entitled to Multiple Listing Service "Membership", or "Participation" unless they hold a current, valid real estate broker's license and are capable of offering and accepting compensation to and from other participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property.  Use of information developed by or published by an Association Multiple Listing Service is strictly limited to the activities authorized under a participant's licensure(s) or certification and unauthorized uses are prohibited.  Further, none of the foregoing is intended to convey "participation", or "membership" or any right of access to information developed or published by an Association Multiple Listing Service where access to such information is prohibited by law.

 

Initial Participation Fee.  An applicant for participation to the Service shall pay an application fee that is established by the Board of Directors annually with such fee to accompany the application.

 

Recurring Participation Fee.  The monthly participation fee of each participant shall be an amount established by the Board of Directors annually times each salesperson and licensed or certified appraiser who has access to or use of the service, whether licensed as a broker, sales licensee, or licensed or certified appraiser who is employed by or affiliated as an independent contractor with such participant.

 

Section 4. Supervision. The activity shall be operated under the supervision of the Regional Multiple Listing Service of Minnesota in accordance with the Rules and Regulations as established by the RMLS Board of Governors.

 

Section 5.  Appointment of Committee. The President-Elect shall appoint, subject to the confirmation of the Board of Directors a Multiple Listing Committee.  All Members of the Committee shall be Participants in Multiple Listing except, at the option of the Local Board/Association, REALTORS® affiliated with Participants may be appointed to serve in such numbers as determined by the local Board/Association.  The Committee Members so named shall serve two (2) year staggered terms.  The Committee shall select its Chairman from among the members thereof or may be designated by the President-Elect.  North Metro REALTORS® Association RMLS Board of Governor appointee’s shall be required to serve on the local MLS Committee and the Board of Directors.

 

Section 6. Vacancies. Vacancies in unexpired terms shall be filled as in the case of original appointees.

 

Section 7.  Attendance. Any Committee Member who fails to attend two (2) consecutive regular or special meetings of the Committee, without excuse acceptable to the Chairperson of the Committee, shall be deemed to have resigned from the Committee and the vacancy shall be filled as herein provided for original appointees.

 

 

Section8. Subscribers. Subscribers (or users) of the MLS include non-principal brokers, sales associates, and licensed and certified appraisers affiliated with Participants.  Subscribers also include affiliated unlicensed administrative and clerical staff, personal assistants, and individuals seeking licensure or certification as real estate appraisers who are under the direct supervision of an MLS Participant or the Participant's licensed designee 

 

Approved by NAR March, 2007