MLS Participation Agreement

Please enter all fields below to accurately apply for the MLS participation agreement. A check mark in the boxes below means you have read and accepted the policy.

	All NSBAR members opening a new office must attend a MANDATORY broker orientation class within 120 days of opening their office. If this requirement is not met, services will be suspended until the course has been completed. Please note, broker orientation is not the same as new member orientation. *Every member must take new member orientation, only new office managers must ALSO* take broker orientation.**
	$500 activation fee for new offices must be paid prior to activation of service [For MLS access by REALTOR ® (principals) or a firm comprised of REALTOR ® (principals) who are not members of the Board/Association.]
	MLS is NOT an advertising vehicle. It is cooperation and compensation. That means every listing input in MLS must have compensation offered to other offices in the system. No compensation – then it is not allowed in the system.
	Only exclusive or exclusive right to sell listings are allowed in MLS. Exclusive right to sell means no matter who sells the listing, the listing office receives a commission. Exclusive listing is where the owner reserves the right to sell the listing without owing a commission to the listing office. The state of Illinois states: 225 ILCS 454/15-75 new)
	In accordance of the Illinois License act: Exclusive brokerage agreements. All exclusive brokerage agreements must specify that the sponsoring broker, through one or more sponsored licensees, must provide, at a minimum, the following services: (a) accept delivery of and present to the client offers and counteroffers to buy, sell, or lease the client's property or the property the client seeks to purchase or lease; (b) assist the client in developing, communicating, negotiating, and presenting offers, counteroffers, and notices that relate to the offers and counteroffers until a lease or purchase agreement is signed and all contingencies are satisfied or waived; and (c) answer the client's questions relating to the offers, counteroffers, notices, and contingencies.
	**In order to have your listings transmitted via the internet or such other media the Broker License Agreement For Data Transport form must be completed. Call MRED at 630-955-0011 or click on the link (Broker Listing Data Transfer Order Form and Agreement 10.22.10) and download the form. Once downloaded follow the directions on the document.

* (required information)

* Name
* Email Address
* Business Name
* Business Address
* City
* Zip Code
* Office Phone
Office Fax
Office License
* Board/Assoc where primary membership is held:

Yes, my office actively seeks listings and or sales.

No, my office does not actively seek listings and or sales.

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 on-going 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 on a nondiscriminatory manner to all Participants and potential Participants.

I agree as a condition of participation in the MLS to abide by all relevant bylaws, rules and regulations and other obligations of participation, including payment of fees. I further agree to be bound by the Code of Ethics on the same terms and conditions as board/association members, as established in the Code of Ethics and Arbitration Manual, including the obligation to submit to ethics hearings and the duty to arbitrate contractual disputes with other REALTORS ® in accordance with the established procedures of the board/association. I understand that a violation of the Code of Ethics may result in suspension or termination of MLS rights and privileges and that I may be assessed an administrative processing fee not to exceed $500 which may be in addition to any discipline, including fines, that may be imposed.

All NSBAR members opening a new office must attend a MANDATORY broker orientation class within 120 days of opening their office. If this requirement is not met, services will be suspended until the course has been completed.

Please note, broker orientation is not the same as new member orientation. Every member must take new member orientation, only new office managers must take broker orientation.

* I understand that by providing my mailing address, email address, telephone number, and fax number, I consent to receive communications sent by or on behalf of the North Shore – Barrington Association of REALTORS® (and its subsidiaries and affiliates) via regular mail, email, telephone, or fax. I understand that NSBAR will not share my address/email/telephone/fax with other organizations but will with other members of NSBAR.

If you do not get an email confirmation of this application please contact NSBAR by phone 847-480-7177.

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