Rules & Regs 5) MLS Fees and Charges 6) Regional and Reciprocal Agreements

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5.          MLS FEES AND CHARGES

5.1        Service Fees and Charges

The MLS, subject to approval of the Board of Directors, shall establish a schedule of MLS fees applicable to the MLS, which may include the following service fees and charges:

5.1.1    Initial Participation and/or Application Fee

Applicants for MLS services may be assessed initial participation and/or application fee.

5.1.2    Recurring Participation Fee

The recurring participation (subscription) fee of each broker participant shall be an amount times the total number of (1) the broker participant plus (2) the number of real estate licensees, whether licensed as brokers or salespersons, who are employed by or affiliated as independent contractors with such participant or the participant’s firm that may, or do, transact real estate business and whose mailing address registered with the DRE is within the service area of the MLS. If more than one principal broker in the same firm elects to be a participant, the number of real estate licensees in the office will only be used once in calculating the recurring participation fees. A broker participant is not obligated to pay recurring participation fees or other MLS fees and charges for real estate licensees affiliated with the participant or the participant’s firm if such licensees work out of a branch office of the participant or the participant’s firm which is located beyond the MLS service area and does not participate in or benefit from the MLS.

The recurring participation fee of each appraiser participant shall be an amount times the total number of (1) the appraiser participant plus (2) the number of appraisers who have access to and use of the MLS, who are employed by or affiliated as independent contractors with such participant or the participant’s firm within the service area of the MLS. If more than one principal appraiser in the same firm elects to be a participant, the number of appraisers in the firm will only be used once in calculating the recurring participation fees. An appraiser participant is not obligated to pay recurring participation fees or other MLS fees and charges for licensed or certified appraisers affiliated with the participant or the participant’s firm if such appraisers work out of a branch office of the participant or the participant’s firm which is located beyond the MLS service area and does not participate in or benefit from the MLS.

5.1.3    Listing Fee

A broker participant shall pay a listing fee for each listing submitted to the MLS staff for input.

5.1.4    Book Fees

If applicable, the participant shall be responsible for book fees for each MLS book the participant wishes to lease. The participant may not obtain more MLS books than the total number of subscribers affiliated with the participant.

5.1.5    Computer Access Fees

If applicable, the recurring computer access fee for each participant shall be an amount times the total number of subscribers and salespersons licensed or certified as appraisers, brokers or salespersons, who are employed by or affiliated as independent contractors with such participant.

5.1.6    Certification of Nonuse

Participants may be relieved from payment under section 5.1.2 and 5.1.5 hereunder by certifying in writing to the MLS that a licensed or certified person in the office is engaged solely and exclusively in a specialty of the real estate business separate and apart from listing, selling, leasing, or appraising the type of properties which are required to be filed with the MLS. The participant and subscriber may also be subject to any other sanction imposed for violation of MLS rules including, but not limited to, a citation and suspension or termination of participation rights and access to the Service.

For violation of this section, see Appendix A, Citable Infractions, 1.1, Use of MLS System by Unauthorized Party.

5.1.7    Clerical Users

Clerical users may be assessed application fees, computer access fees and other fees. The participant for the clerical user shall be responsible for all such fees.

5.1.8    Other Fees

Other fees that are reasonably related to the operation of the MLS may be adopted.

5.2        Responsibility for Fees

In the event the MLS allows for direct billing or payment by a subscriber for MLS fees, such fees shall be the exclusive obligation of that subscriber regardless of whether such subscriber becomes affiliated with a different participant. If the MLS does not allow for direct billing or payment by a subscriber for MLS fees, such fees shall be the responsibility of the participant with whom the subscriber was affiliated at the time the MLS fees were incurred. This section does not preclude in any way the ability of participants to pursue reimbursement of MLS fees from current or past subscribers or to establish agreements with subscribers regarding payment or reimbursement of MLS fees.

6.          REGIONAL AND RECIPROCAL AGREEMENTS

The MLS may, subject to the Board of Directors’ approval, enter into reciprocal or regional agreements with Associations of REALTORS® or other MLSs to allow the other MLS participants and subscribers access to the Service in exchange for comparable benefits to the participants and subscribers of this Service. In the event of such agreements, the participants and subscribers agree to abide by the respective rules of the other MLSs pursuant to such agreements and to abide by such rules when accessing the other MLSs’ databases or using their lockbox systems.

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