5. MLS FEES AND CHARGES¶
5.1 Service Fees and Charges¶
The EBRDI Board of Directors shall set the following service fees and charges:
5.1.1 Initial Participation Fee and/or Application Fee¶
Applicants for MLS services may be assessed initial participation and/ or application fee.
5.1.2 Recurring Participation Fee¶
The recurring participation fee of each Broker Participant shall be an amount times the total number of (1) the Participant plus (2) the number of salespersons who have access to and use of the MLS, whether licensed as brokers or salespersons, who are employed by or affiliated as independent contractors with such Participant or the Participant’s firm. If more than one principal broker in the firm elects to be a Participant, the number of salespersons in the firm will be used once in calculating the recurring participation fees. A Broker Participant is not obligated to pay recurring participation fees or other MLS fees and charges for real estate licensees affiliated with the Participant or the Participant’s firm if such licensees work out of a branch office of the Participant or the Participant’s firm that does not participate in or otherwise use the MLS.
The recurring participation fee of each Appraiser Participant shall be an amount times the total number of (1) the Appraiser Participant plus (2) the number of Appraisers who have access to and use of the MLS, who are employed by or affiliated as independent contractors with such Participant or the Participant’s firm. If more than one principal Appraiser in the same firm elects to be a Participant, the number of Appraisers in the company will only be used once in calculating the recurring participation fees. An Appraiser Participant is not obligated to pay recurring participation fees or other MLS fees and charges for licensed or certified Appraisers affiliated with the Participant or the Participant’s firm if such Appraisers work out of a branch office of the Participant or the Participant’s firm that does not participate in or otherwise use the MLS.
5.1.3 Listing Fee¶
A Broker Participant shall pay a listing fee for each listing submitted to the MLS staff for input.
5.1.4 Book Fee¶
If applicable, the Participant shall be responsible for book fees for each MLS book the Participant wishes to lease. The Participant may not obtain more MLS books than the total number of Subscribers affiliated with the Participant.
5.1.5 Computer Access Fees¶
If applicable, the recurring computer access fee for each Participant shall be an amount times the total number of Subscribers and salespersons licensed or certified as Appraisers, brokers or salesperson, who are employed by or affiliated as independent contractors with such Participant.
5.1.6 Certification of Non-use¶
Participants may be relieved from payment under sections 5.1.2 and 5.1.5 hereunder by certifying in writing to the MLS that a licensed or certified person in the office is engaged solely in activities that do not require a real estate license or certification (clerical, etc.), or that the real estate licensee or licensed or certified Appraiser will not use the MLS or MLS compilation in any way. In the event a real estate licensee or Appraiser is found in violation of the non-use certification, the Participant shall be subject to fees dating back to the date of the certification. The Participant and Subscriber may also be subject to any other sanction imposed for violation of MLS rules including, but not limited to, a citation and suspension or termination of ultimately losing participation rights and access to the service.
For violation of this section, see Appendix A, Citable Infractions, 1.1, Use of MLS System by Unauthorized Party.
5.1.7 Clerical Users¶
Clerical users may be assessed application fees, computer access fees and other fees. The Participant for the clerical user shall be responsible for all such fees.
5.1.8 Other Fees¶
Other fees that are reasonably related to the operation of the MLS may be adopted.
5.2 Responsibility for Fees¶
In the event the MLS allows for direct billing or payment by a Subscriber for fees under these rules, such fees shall be the exclusive obligation of that Subscriber regardless of whether such Subscriber becomes affiliated with a different Participant. If the MLS does not allow for direct billing or payment by a Subscriber for MLS fees, such fees shall be the responsibility of the Participant with whom the Subscriber was affiliated with at the time the MLS fees were incurred. This section does not preclude in any way the ability of Participants to pursue reimbursement of MLS fees from current or past Subscribers or to establish agreements with Subscribers regarding payment or reimbursement of MLS fees.