Section 1: Participation & Eligibility
This article covers MLS Now Rules sections 1.1 through 1.5: 1.1 Who Can Participate, 1.2 Participant Responsibilities, 1.3 Orientation and Training Requirements, 1.4 Suspension, Fees, and Resignation, 1.5 Application Rejection, Key Definitions.
1.1 Who Can Participate
Participation in MLS Now is open to REALTORS® and non-REALTORS® who meet one of the following qualifications:
1.1.1 Brokers: Must hold a current, valid real estate broker license and actively endeavor to list property of the type listed in MLS Now and to cooperate on an impartial basis with other Participants.
1.1.2 Appraisers: Must hold a current, valid license or certification and actively engage in appraisal work in the MLS Now service area.
1.1.3 Non-Principal Brokers, Sales Associates, and Appraisers: Non-principal brokers, sales associates, or licensed/certified appraisers affiliated with a Participant may be authorized to access MLS Now. Subscribers may be REALTORS® or non-REALTORS®, provided they are properly affiliated with a Participant and meet eligibility and orientation requirements.
Note on "properly affiliated with a Participant": An agent or appraiser must be affiliated with a qualifying, active participating brokerage. The following company and license types do not qualify for MLS Now access:
- Referral companies
- Holding companies
- Commercial-only companies
- Non-MLS companies (companies that have not yet applied for MLS Now membership)
If an agent's license is under one of these company types, they are not considered "properly affiliated" and cannot be added as a Subscriber until their license is transferred to a qualifying brokerage. For more detail, see MLS Access Eligibility: Referral Status, Appraisers & Roster Change Form.
1.1.4 Clerical Users and Assistants: Clerical Users may access MLS content under written agreements, subject to fee, supervision, and eligibility policies. Registered assistant access may be granted pursuant to a written registration with MLS Now, under Participant supervision, and subject to these Rules.
1.2 Participant Responsibilities
Each brokerage firm designates one principal as the Participant responsible for compliance by all affiliated Subscribers.
Participation is personal to the individual Participant and their affiliated brokerage firm (to which these Rules also apply) and may not be transferred.
Each Participant must supply the names and license numbers of each licensee and appraiser affiliated with the Participant and notify MLS Now within two business days of the Participant being on notice of changes in affiliation or license status.
A Participant may not allow any licensee, under the Participant's license, whose license has been revoked, suspended, or restricted by the applicable state licensing agency to use the MLS in any manner while the discipline is in effect, except that the licensee may use the MLS under a restricted license providing such use is consistent with and does not violate such license restrictions.
1.3 Orientation and Training Requirements
Any applicant for Participation and any Subscriber with access to MLS Now information shall complete orientation focused on MLS Rules and MLS system training within thirty calendar days after access is provided.
Participants and Subscribers may be required, at MLS Now's discretion, to complete up to four hours of additional training in any twelve-month period to address rule changes, system enhancements, or policy updates.
Failure to complete orientation or required training within prescribed timelines may result in suspension and fines until completion.
1.4 Suspension, Fees, and Resignation
When a Subscriber is suspended or expelled from the MLS for failure to pay MLS fees or charges, or if the Subscriber resigns from the MLS, the MLS will cease to provide services. In the event a Participant is suspended or expelled and their listings are removed from the MLS pursuant to this section, it will be the sole responsibility of the Participant to notify the seller(s) that the property is no longer listed in the MLS.
When a Subscriber is suspended or expelled from the MLS for a violation of the Rules, the listings in the MLS at the time of suspension or expulsion will, at the affiliated Participant's option, be retained in the MLS compilation of current listing information until sold, withdrawn, or expired. In the event listings are removed from the MLS pursuant to this section, it will be the responsibility of the Participant to notify the seller(s) that the property is no longer listed in the MLS.
1.5 Application Rejection
If an application for participation in MLS Now is rejected, the applicant will be promptly notified in writing of the reason for the rejection. The applicant shall have the right to respond in writing and to request a hearing. The hearing will provide for adequate notice of the time and place and shall provide that the parties involved shall have the right to appear, present evidence, and be represented by legal counsel.
Key Definitions
Participant: A principal broker or appraiser who meets the qualifications for participation in MLS Now and is responsible for compliance by affiliated Subscribers.
Subscriber: A principal broker, non-principal broker, sales associate, or licensed/certified appraiser affiliated with a Participant who is authorized to access MLS Now. Subscribers may be REALTORS® or non-REALTORS®, provided they are properly affiliated with a Participant and meet eligibility requirements.
Clerical User: A non-licensed assistant or staff member who, under a written agreement and the supervision of a Participant, is authorized for limited access to MLS Now.
Business Day: Monday through Friday, excluding federal and Ohio state holidays.