Below is the adopted fine schedule for subscribers who fail to comply with the NAR settlement requirements.

1. Use of MLS data or data feeds to establish or maintain a platform to make offers to compensation from multiple brokers to buyer brokers or other buyer representatives is prohibited and will result in termination of the subscriber’s access to any MLS data or data feeds for a period of one year or so long as the infraction continues – whichever is longer.

The MLS will allow the subscriber to continue in the MLS, however the subscriber will have no access to MLS data or data feeds.

2. Inclusion, links, or reference to any kind of buyer agent compensation/commission anywhere in the MLS. This includes but is not limited to:

  • Remarks
  • Photos
  • Virtual Tours
  • Third party programs i.e. Showing Time, Cloud products, Remine, Transaction Desk etc.
  • In concession fields
  • Directions Fields

    • Fines for failure to comply with this policy:

  • First Offense – removal of information and a written warning
  • Second Offense – removal of information and a $1,000 fine
  • Third Offense – removal of information and a $2,500 fine
  • Fourth Offense – removal of information, $2,500 fine, and a 30-day suspension from the MLS
  • Fifth Offense – removal of information and a 1-year suspension from the MLS

    • 3. Inclusion of a document for the offer of buyer agent compensation as a public document on any forms or other third-party platform that is available through Realcomp. Currently this includes but is not limited to:

  • Docs+
  • Transaction Desk
  • ShowingTime

    • Fines for failure to comply with the above policy:

  • First Offense – removal of document and a written warning
  • Second Offense – removal of document and a $1,000 fine
  • Third Offense – removal of document and a $2,500 fine
  • Fourth Offense – removal of document, $2,500 fine, and a 30-day suspension from the MLS
  • Fifth Offense – removal of document and a 1-year suspension from the MLS

    • 4. Failure to provide the MLS with a signed Purchaser Agency Agreement (Buyer Agency Agreement) when requested by the MLS within 24 hours of the emailed request.

  • First Offense – written warning if requested document is not received within 24 hours of initial emailed request
  • Second Offense – written warning if requested document is not received within 48 hours of initial email request
  • Third Offense - $1,000 fine
  • Fourth Offense - $2,500 fine
  • Fifth Offense - $2,500 fine and a 30-day suspension from the MLS
  • Sixth Offense – 1-year suspension from the MLS

    • 5. Fines for failure to provide the MLS with a signed Co-Broker Cooperation and Compensation Agreement when requested by the MLS within 24 hours of the emailed request.

  • First Offense – written warning if requested document is not received within 24 hours of initial emailed request
  • Second Offense – written warning if requested document is not received within 48 hours of initial email request
  • Third Offense - $1,000 fine
  • Fourth Offense - $2,500 fine
  • Fifth Offense - $2,500 fine and a 30-day suspension from the MLS
  • Sixth Offense – 1-year suspension from the MLS

    • 6. Fines for failure to provide the MLS with a signed Exclusive Right to Sell, Exclusive Agency, Limited Service, or MLS Entry Only Agreement when requested by the MLS within 24 hours of the emailed request.

  • First Offense – written warning if requested document is not received within 24 hours of initial emailed request
  • Second Offense – written warning if requested document is not received within 48 hours of initial email request
  • Third Offense - $1,000 fine
  • Fourth Offense - $2,.500 fine
  • Fifth Offense - $2,500 fine and a 30-day suspension from the MLS
  • Sixth Offense – 1-year suspension from the MLS

    • Any termination or suspension from the MLS will be communicated to all data share partner boards, associations, and MLSs.