NON-REALTOR® ACCESS TO THE MULTIPLE LISTING SERVICE
THE FOLLOWING FREQUENTLY ASKED QUESTIONS ARE PROVIDED FOR INFORMATION PURPOSES ONLY. BEFORE TAKING ANY SPECIFIC ACTION TO CHANGE YOUR BUSINESS PRACTICES, YOU SHOULD CONSULT COMPETENT LEGAL COUNSEL.
Why did MRED make this change?
Changes were made to MRED’s Operating Agreement to grant access to licensed real estate professionals who are not Realtors®, i.e. not members of a local Realtor® association (which includes membership in Illinois Realtors® and the National Association of Realtors®). MRED did this to continue to grow in today’s new organized real estate environment. They also are minimizing the risk of litigation regarding issues such as antitrust.
So -- what is the result?
MRED will now allow subscribers and participants to be either Realtor® members or non-Realtor® members. You will still access the MLS through your NSBAR membership, just as you do today. Non-Realtors® will also be able to access the MLS through NSBAR.
What does this mean to me?
There is no change currently. Whether you pay for MLS access annually or on a monthly basis, you are all set for this year.
What does this mean to my brokerage?
Each Realtor® Association will make its own decisions as to which options it will offer and at what expense for each. Once established, brokerages may then determine whether their office will be a Realtor® office or a non-Realtor® office, weighing the pros and cons of each. There will be several considerations when a brokerage makes that decision, not just expense. NOTE: decisions over Realtor® and non-Realtor® membership will be made by the brokerage.
When will these options be available to my brokerage?
MRED is making changes to their MLS functionality to accommodate non-Realtor® access, which they expect to be ready approximately May 1st. NSBAR is making its final decisions about the options to provide and will be communicating about same at the earliest opportunity.
How can non-Realtors® be allowed in the MLS when they are not governed by NAR’s Code of Ethics?
As a part of this change, MRED has incorporated into its rules a Code of Conduct enabling the local associations to enforce conduct issues while continuing to leave to MRED its enforcement of data issues.
What if my brokerage has some associates who want to stay as Realtors®, but others who no longer want to be. Can they be in the same office?
Technically, no. Let's say you are the Designated Managing Broker of several offices that currently are made up of Realtors®. Per NAR membership rules, the Designated Managing Broker is ultimately responsible for the membership dues of every broker in each office. Suppose that with the new rules allowing non-Realtor® members to participate in MRED, several brokers in those offices wish to drop their Realtor® membership. Because of the rules governing membership and dues, those brokers must be moved to a separate non-Realtor® office, with a new MLS Office ID and where no Realtor® dues are required. That non-Realtor® office would have a different Designated Managing Broker who may not be a principal of any Realtor office, but the associates could remain in the same physical office space as a Realtor office. Keep in mind that the non-Realtor office, and the brokers or agents in that office, may not use any of NAR’s trademarks or logos (e.g., the term “Realtor”, “Realtors”, or the Block R logo) in the course of business. Any Designated Managing Broker of a Realtor office who is considering operating a non-Realtor office should carefully review NAR’s policy statement entitled “The REALTOR’s Dues Formula for Second Firms”, which can be found at www.nar.realtor/about-nar/policies/therealtor-s-dues-formula-for-second-firms, as well as the Illinois Real Estate License Law and Regulations.
For further questions, please feel free to reach out to us at jeff@nsbar.org.
