SECTION 2. Purpose. A Multiple Listing Service is a means by which authorized Participants make blanket offers of compensation to other Participants; (acting as subagents, buyer agents or in other agency or non-agency capacities as 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 appraisal contribute to common data bases; 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).The point at which compensation is earned through offerings in the MLS system are defined in detail in the Arizona Regional M.L.S. Rules and Regulations and by the policy of the NATIONAL ASSOCIATION OF REALTORS®, which may be revised from time to time.
SECTION 3. Participation. Any REALTOR® Member of this or any other Member Board who is a principal, partner, or corporate officer, or branch manager acting on behalf of the principal or any principal, partner or corporate officer of licensed real estate office (i.e. non-REALTOR® access to MLS), 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 offer or accept 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 the Arizona Regional Multiple Listing Service (ARMLS) is strictly limited to the activities authorized under a Participant’s license(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 ARMLS where access to such information is prohibited by law.
Mere possession of a broker’s license is not sufficient to qualify for MLS participation. Rather, the requirement that an individual or firm offers or accepts cooperation and compensation means that the participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of cooperation and compensation made by listing brokers or agents in the MLS. “Actively” means on a continual and ongoing basis during the operation of the participant’s real estate business. The ‘’actively” requirement is not intended to preclude MLS participation by a participant or potential participant that operates a real estate business on a part-time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a participant or potential participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny participation based on the level of service provided by the participant or potential participant as long as the level of service satisfies state law.
The key is that the participant or potential participant actively endeavors to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on the MLS in which participation is sought. This requirement does not permit an MLS to deny participation to a participant or potential participant that operates a “Virtual Office Website” (VOW) (including a VOW that the participant uses to refer customers to other participants) if the participant or potential participant actively endeavors to make or accept offers of cooperation and compensation. An MLS may evaluate whether a participant or potential participant actively endeavors during the operation of its real estate business to offer or accept cooperation and compensation only if the MLS has a reasonable basis to believe that the participant or potential participant is in fact not doing so. The membership requirement shall be applied in a nondiscriminatory manner to all participants and potential participants.
SECTION 4. Fees. All fees for MLS service dictated by the Phoenix Association shall be prescribed by the Board of Directors and may change from time to time.
SECTION 4. Supervision. The activity shall be operated under the supervision of the Arizona Regional Multiple Listing System in accordance with the Rules and Regulations, subject to approval of the Board of Directors.
SECTION 5. Appointment of Committee. The President shall appoint, subject to the confirmation of the Board of Directors, REALTORS® affiliated with the Phoenix Association of REALTORS® to serve on regional committees, as may be requested from time to time, subject to confirmation by the Phoenix Association’s Board of Directors.
SECTION 6. Regional Authority. To provide the above services PAR does hereby join, and will participate in the Arizona Regional Multiple Listing Service (ARMLS) so long as ARMLS complies with the standards and rules established by the NATIONAL ASSOCIATION OF REALTORS® as from time to time amended.
SECTION 7. Statistical Information to Non-MLS Association Members. Only MLS Participants are entitled to receive statistical reports, sold information, and other informational reports derived from the MLS.