MLS participation without REALTOR® membership – FAQ

All Saint Paul Area Association of REALTORS® (SPAAR) members who are REALTORS® will have the opportunity to vote on changes within SPAAR’s bylaws. This vote will occur August 14-16. You can read all the proposed changes HERE. One of the proposed changes will allow MLS participation for those who are not REALTORS®.

Below are some answers to anticipated questions with respect to this proposed change:

Question: Does this change mean I no longer have to be a REALTOR® member to participate in the MLS?

Answer: Yes. This change calls for SPAAR’s bylaws to allow Minnesota licensed real estate salespersons and brokers (appraisers) who are not REALTOR® members to be granted MLS participation rights in the Regional Multiple Listing Service of Minnesota, Inc. (AKA NorthstarMLS).

Question: What does it mean to be a REALTOR® member?

Answer: The term REALTOR® denotes membership in the National Association of REALTORS® (NAR). A REALTOR® belongs to a local Association, a State Association and the National Association of REALTORS®, and is bound by the NAR Code of Ethics.

Question: Can anyone become an MLS participant?

Answer: No. Only individuals who hold an active real estate or appraiser license.

Question: Can those who are not REALTOR® members use the term REALTOR®?

Answer: No. The term REALTOR® is licensed only to principals who are members of a local Association, a State Association and the National Association of REALTORS®, and the licensees affiliated with the REALTOR® principal(s). Anyone outside these parameters using the term is in violation of NAR’s Federal Trademark and faces legal ramifications for unauthorized use of the trademark.

Question: What happens if an agent who is associated with a REALTOR® principal (i.e. a designated broker) does not hold REALTOR® membership?

Answer: There is no requirement that an agent be a REALTOR®; however, the principal REALTOR® they are affiliated with will be responsible for payment of local, state and national dues for that agent. The agent would be able to access the MLS for a non-member fee.

Note: Each brokerage can determine its own policies internally and independently.

Question: If the members vote to adopt the bylaws change making MLS participation available to licensees who are not REALTOR® members, when will that change become effective?

Answer: Although the SPAAR bylaws will be deemed amended upon a vote of approval, NorthstarMLS would have to first change its rules to facilitate this access. Information will be updated as available.

Question: I want to be able to access the MLS, but I don’t want to be a REALTOR®. May I still be part of SPAAR?

Answer: REALTORS® of SPAAR have access to many member benefits such as free continuing education classes, free networking and social events, advocacy services, and a variety of other support services unrelated to the MLS. Those are benefits available exclusively to SPAAR members and will not be available to those who are not REALTORS® (note some services or products may be available at additional fees for non-REALTOR® members).

Question: May I maintain my SPAAR membership but no longer be a part of NAR or MNR?

Answer: No. SPAAR is a REALTOR® Association and that structure has not changed. Under the three-way agreement, a REALTOR® does not have the ability to choose only one Association and not the others; membership is at the local, state and national levels for all REALTORS®. Each level of membership provides unique benefits and opportunities for members.

Question: What is the three-way agreement, and how does it work for members?

Answer: This video provides a detailed overview of the three-way agreement between the national, state and local Associations.

Question: Can I drop my membership altogether?

Answer: Yes. SPAAR’s Bylaws include a dues formula; however, there are some key things to know. For instance, if the broker is a REALTOR® member, the broker is financially responsible for all licensees that are held under his or her license. There is no requirement for the licensee to be a REALTOR®; however, the principal REALTOR®, or broker, with whom they are affiliated is responsible for payment of local, state, and national dues for that agent.

Additional questions? Submit any additional questions to bylaws@spaar.com for consideration to be answered at the upcoming informational sessions and in future SPAAR communications.