NAR approves MLS policy changes, shifting power to local MLSs

"The clearest theme running through the recommendations from the trade association's Presidential Advisory Group (PAG) is decentralization. Policies that once dictated national rules around membership requirements, non-member access, training, orientations, service areas, open listings and even IDX permissions are on the chopping block. Repealing these policies will promote MLSs making independent local decisions, the PAG wrote repeatedly across multiple recommendations."

"With that comes more flexibility from market to market. Brokers operating across regions should expect greater differences in rules, fees, access requirements and enforcement processes. NAR's move is laser-focused on antitrust exposure. Many of the now-repealed policies were outdated, never enforced, inconsistently applied or vulnerable to misinterpretation in litigation. Obsolete or ambiguous policies introduce unnecessary legal risk, the PAG wrote. This review is about modernizing MLS policy and aligning it with current practice."

"The good news is that clearer, slimmer policy equals less national liability. As part of giving power back to the MLSs, they can now decide whether to accept open listings. Also, MLSs can choose to allow non-member brokers to participate in the MLS. Decisions about transmitting listings to aggregators or running public portals are affirmed as local calls. Multiple policies dealing with whether an MLS can (or must) require association membership are being repealed."

Decentralization is driving repeal of national MLS policies covering membership requirements, non-member access, training, orientations, service areas, open listings and IDX permissions. Repealed rules enable MLSs to make independent local decisions and create greater variation in rules, fees, access requirements and enforcement across markets. The changes aim to reduce national antitrust exposure by eliminating outdated, inconsistently applied or ambiguous policies that introduce legal risk. Local MLSs can now decide whether to accept open listings, allow non-member brokers, transmit listings to aggregators, or operate public portals. Orientation and training mandates are removed, requiring MLSs to design their own onboarding and education processes. Outcomes may open access in some markets while reinforcing barriers in others.

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