The Boards and Associations of REALTORS® and regional multiple listing services
who have separately signed this California Master Reciprocal and Inter-regional
Agreement (hereinafter collectively referred to as "signatories" or "PARTIES")
hereby agree as follows:
1. RECITALS. This agreement is entered into with reference to
the following facts:
1.1. Boards and Associations of REALTORS® have entered into various agreements
and have formed regional MLS corporations for the purpose of expanding benefits
to their members, MLS participants and subscribers by allowing broader access
to the various multiple listing services in return for similar benefits for
their respective members, MLS participants and subscribers.
1.2. The various Boards and Associations and regional multiple listing services
wish to enhance the efficiency of the respective multiple listing services and
to enhance the data base of all the respective multiple listing services to
increase the likelihood that all listings on properties from a given
jurisdiction are placed in the publication or database covering that
1.3. The PARTIES wish to increase service and benefits to their participants
and subscribers and to the participants and subscribers of the shareholders or
members of the respective regional Multiple Listing Services or Boards or
Associations of REALTORS® by allowing the participants and subscribers of the
respective MLSs access to each other’s Multiple Listing Service pursuant to the
terms of this agreement.
2.1. Appraiser Participant - An individual who holds a valid
California appraisers certification or license who is currently
classified by an MLS as a participant under its MLS Rules.
2.2. Appraiser Subscriber - A California licensed or certified
appraiser who is employed by or affiliated with a participant and is
classified by an MLS as a subscriber under its rules.
2.3. Association - A Board or Association of REALTORS® which is a
member of the CALIFORNIA ASSOCIATION OF REALTORS® and the NATIONAL
ASSOCIATION OF REALTORS® and which is either a) a party to this agreement
or b) a shareholder or member of a Regional MLS corporation which is a
party to this agreement.
2.4. Broker Participant - A real estate broker licensed under
California law who is currently classified by an MLS as a participant
under its rules.
2.5. Comp Book - The sales and statistics information owned and
compiled by the Association or the MLS and distributed as a separate
publication to Association members and/or MLS participants and
2.6. Executive Officer - The senior staff person of a
Association or the elected secretary if there is no senior staff
2.7. Jurisdiction - The primary geographic area served by an MLS
which coincides with the territorial jurisdiction assigned by the
NATIONAL ASSOCIATION OF REALTORS® to the Association.
2.8. Home MLS - The MLS to which a participant or subscriber
belongs and has full rights as a participant or subscriber,
2.9. MLS - A Multiple Listing Service operated by (a) a signatory
Board or Association of REALTORS® (as either a committee or a wholly
owned MLS subsidiary corporation) or (b) by a shareholder Board or
Association of REALTORS® of a signatory Regional MLS or (c) by a member
Board or Association of REALTORS® of a signatory Regional MLS or (d) by a
signatory Regional MLS.
2.10. MLS Book - The compilation of current listings owned by an
MLS and distributed as an MLS publication to MLS participants and
2.11. MLS Database - The compilation of current listings of an
MLS maintained as an electronic database and made available to MLS
participants and subscribers.
2.12. MLS Restricted Database - The compilation of certain sales
and statistics information, MLS enhancements and other non-essential
programs owned, compiled or licensed by the Association or the MLS
maintained as an electronic database or format and made available to
Association members and/or MLS participants.
2.13. MLS Rules - The rules, as from time to time amended, under
which each respective MLS operates.
2.14. Out of Area Listing - A listing on a property located out
of the jurisdiction of the participant’s or subscriber’s home MLS or
regional MLS to which the participant or subscriber has access.
2.15. Participant - A person who is classified by an MLS as a
participant under its rules. Rights conferred upon a participant by his
or her home MLS may be referred to as "participation rights."
2.16. R.E. Subscriber - A California real estate licensee or
broker who is licensed to a participant and is classified by an MLS as a
subscriber under its rules.
2.17. Reciprocal Listing - A listing submitted to an MLS by a
person who is not a participant or subscriber of that MLS, but is
entitled to submit the listing pursuant to this agreement.
2.18. Reciprocating MLS - The MLS that receives and publishes a
reciprocal listing from a participant or subscriber of another signatory
2.19. Regional MLS - A regional multiple listing service
signatory to this contract which is wholly owned by Boards and
Associations of REALTORS® or is a mutual benefit corporation in which
only Boards and Associations of REALTORS® are members.
2.20. Regional Service Area - The combined jurisdiction of all
the shareholder Associations of REALTORS® or member Associations of a
2.21. Subscriber - A California real estate licensee or broker
who is licensed to a participant ("r.e. subscriber") or an appraiser who
is employed by or affiliated with a participant and is classified by an
MLS as a subscriber under its rules.
3.1. The purpose of this agreement is to allow the participants and subscribers
of the respective MLSs enhanced access to each other’s MLSs while still
retaining separate MLSs. The further purpose of this agreement is to enhance
the Association services of the members of the respective Associations
signatory to this agreement or to the Associations which benefit through
expanded benefits to their regional MLS.
3.2. The further purpose of this agreement is to provide a means by which
authorized MLS broker participants establish legal relationships with other
participants by making a blanket unilateral contractual offer of compensation
and cooperation to other broker participants; by which information is
accumulated and disseminated to enable authorized participants to prepare
appraisals and other valuations of real property; by which participants
engaging in real estate appraisal contribute to common databases; and is a
facility for the orderly correlation and dissemination of listing information
among the participants so that they may better serve their clients and the
4.1. Level I. Broker participants and r.e. subscribers (through their broker
participants) of MLSs electing Level I access are eligible to submit listings
to all other Level I signatories and to check out lockboxes for placement on
properties located within a Level I signatory’s jurisdiction in accordance with
the terms of this agreement.
4.2. Level II. In addition to Level I access, participants and subscribers
(through their participants) of MLSs shall be eligible to purchase MLS books
and comp books of other Level II signatories in accordance with the terms of
4.3. Level III. In addition to Levels I and II access, participants and
subscribers (through their participants) of MLSs shall be eligible to have full
access to the databases of other Level III signatories in accordance with the
terms of this agreement.
4.4. Level LB. Participants and subscribers shall be eligible to check out
lockbox keys of other signatories in accordance with local Association
procedures in accordance with the terms of this agreement. Level LB may be
selected in addition to any of the other levels.
Any participant or subscriber (through their participant) of an MLS covered by
this agreement shall be eligible to have access to the level of access
described pursuant to the terms of this agreement. However, under no
circumstances is any individual or firm, regardless of membership status,
entitled to Multiple Listing Service access or Participation unless they hold a
current, valid California real estate broker’s license and are capable of
offering and accepting compensation as a real estate broker or have a current,
valid California appraisers certification or license.
6.1. Each broker participant of an MLS may place listings into any other MLS by
submitting the following directly to the reciprocating MLS:
6.1.1. A completed form of the reciprocating MLS or, once it becomes available,
the statewide standard reciprocal listing form; and
6.1.2. The reciprocal fee designated by the reciprocating MLS receiving the
listing pursuant to schedule A.
6.2. Broker participants and r.e. subscribers must submit changes, withdrawals,
extensions and reporting of sales directly to the reciprocating MLS in
accordance with the reciprocating MLS rules on the reciprocating MLS forms or,
if available, the statewide form for this purpose.
7. BROKER INPUT OF LISTING. (LEVEL III) In addition to the
methods provided in paragraph 6, Level III broker participants may submit
listings as follows:
7.1. Pursuant to Section 12, broker participants may submit listings into any
Level III MLS by directly inputting the listing into the database servicing the
local jurisdiction in which the property subject to the listing is located and
by remitting the appropriate fees to the MLS receiving and publishing the
7.2. Broker participants and r.e. subscribers must input changes, withdrawals,
extensions and reporting of sales directly into the reciprocating MLS in
accordance with the reciprocating MLS rules.
8.1. Reciprocating MLS - Each MLS receiving a listing pursuant
to paragraph 6.1 shall place and publish it in their electronic data base
and MLS book so that listings will be in the electronic database and
published in the book that covers the jurisdiction in which the property
subject to the listing is located. An MLS receiving listings for
properties outside its jurisdiction is not obligated to accept or publish
such listing or place it in its MLS database.
8.2. Out of Area Listings - Publication of the listing in the
appropriate jurisdiction shall not preclude any home MLS, at its option,
from also publishing the listing in an out-of-area section of its MLS
Broker participants and r.e. subscribers shall have the right to have listings
that have been submitted to the reciprocating MLS put on caravan (including
broker’s tours, etc.) in accordance with the policies and procedures applicable
to the reciprocating MLS’s own participants. Participants and subscribers may
view listings on caravan provided the participants and subscribers comply with
the caravan policies and procedures of the applicable Association or MLS.
10.1. Lockbox - A broker participant or r.e. subscriber
submitting a listing may obtain a lockbox from the applicable MLS office
for use on that property by strictly complying with the procedures and
rules set up by the applicable MLS and payment of the applicable
10.2. (LEVEL LB ONLY) Key - A broker participant or r.e. subscriber of
Level LB signatories as provided in paragraph 4.4 may obtain a lockbox key
or programmer from the applicable MLS office for temporary use for showing
property in the area by strictly complying with the procedures and rules
set up by the applicable MLS and payment of the applicable deposit.
11.1. Participant and Subscriber Purchase - Participants and
subscribers of Level II signatories may order copies of MLS books,
hotsheets and other materials from any other Level II signatories if
such books are available. Each MLS may charge the prices specified in
Schedule A as amended from time to time.
11.2. Display - An Association may, but is not required to,
allow participants, subscribers or members of a Association to view any
MLS or comp book on premises.
11.3. Comp Books/Association Service - Each Association may
determine its own policy on whether comp books are a service of the
Association or an MLS service/product. However, if comp books are a
service of the Association, they must be made available to all
REALTOR-ASSOCIATE® members of Level II signatories.
12.1. Association Access - Each Level III Association may
access the MLS database of every other Level III Association without the
payment of fees. However, no Association or MLS may allow access to
unauthorized persons and shall not make access to the data or give the
data to any entity or persons other than specifically authorized by this
12.2. Security System - Each Association and MLS shall set up a
system to monitor security to the system by pass code exchange, separate
gate or other mutually acceptable mechanism to assure that only
authorized participants and subscribers may access the system. The
signatories to this contract may, as part of that arrangement, pass
costs affiliated with such access to the MLS Participants or
subscribers. Such a system may include an annual pass code fee, software
costs, or other mutually acceptable arrangement. Any such agreement
shall be put in writing. Any fees to be charged to the other Level III
participants or subscribers shall be added to Schedule A and sent to
C.A.R. in writing to be effective seven (7) calendar days after
publication through CARNET.
12.3. Participant and Subscriber Access - Participants and
subscribers of an MLS may directly access the MLS database of any other
Level III MLS without the payment of fees to the other MLS or Regional
MLS except as provided in Schedule A.
12.4. Restricted Database - Each REALTOR® or REALTOR-ASSOCIATE®
member of any Association may have direct access to the restricted
database of every Level III Association or MLS under this agreement.
Each Association may determine its own policy on whether access to the
its MLS restricted database is a service of the Association or is
included in MLS service/product fees.
12.5. Limits on Authority - No Association or MLS or party is
authorized to sell, transmit, retransmit or give access to any other
Association’s or party’s MLS data base or MLS restricted database to
persons other than its own MLS participants or subscribers except as
specifically authorized in this agreement.
13. FEES. Each signatory shall attach a list of the applicable
fees as Schedule A and shall notify the CALIFORNIA ASSOCIATION OF
REALTORS® (C.A.R.) in writing of any change in the fees. The price
changes shall become effective as to the participants and subscribers of
other signatories seven (7) calendar days after publication by C.A.R.
through CARNET or BOARDNET.
13.1. Each MLS shall set its own fee schedule for reciprocal fees it
charges participants and subscribers.
13.2. Each MLS shall determine the fees it charges its own participants and
13.3. Each MLS shall determine the prices at which it sells MLS books, comp
books and supplies. (LEVEL II)
13.4. Each MLS shall determine the deposit and fees for lockbox key
checkout, lease or sale privileges. (LEVEL LB)
14. CHANGE OF LEVEL. Any signatory may change the level to
which it agrees by giving written notice to C.A.R. Such change will
become effective upon publication through CARNET, if the level is higher
or, if the level is reduced, upon seven (7) days after publication
15.1. Home MLS Rules - Participants and subscribers shall be
governed by the MLS Rules and Regulations of their home MLS except that
participants and subscribers shall also be governed by the rules under
which the listing is published or to which they have access in
conjunction with such access if other than the participant or
subscriber’s home MLS.
15.2. Copies of MLS Rules - Copies of the MLS rules of any
Association MLS shall be made available by the home MLS to its
participants and subscribers upon request.
15.3. Minimum Rules - Each Association and MLS agrees that it
will not adopt MLS rules which are less strict than Sections 4, 8, 11,
12 and 13 of the California Model MLS Rules, as from time to time
amended. Each Association and MLS agrees to enforce the applicable rules
against its own participants and subscribers.
15.4. Arbitration Between Participants and Subscribers - The
MLS Rules of each MLS shall provide for arbitration between participants
and/or subscribers as provided in the California Model MLS Rules, as
from time to time amended by the CALIFORNIA ASSOCIATION OF REALTORS®,
and require MLS participants and subscribers to submit to binding
arbitration any disputes between participants and/or subscribers of the
MLSs under this agreement. Such arbitrations shall be governed by the
California Code of Ethics and Arbitration Manual, as from time to time
amended, which are hereby incorporated by reference.
15.5. Reciprocating MLS Rules - In the event a participant
submitting reciprocal listings is found to be in violation of the MLS
rules of a reciprocating MLS, the reciprocating MLS may impose
discipline upon the violating participant under its rules including, but
not limited to, the termination of all rights to submit reciprocal
listings, purchase MLS and comp books, lockbox key privileges and access
the MLS database. The MLS imposing the discipline shall notify the
participant’s home MLS of the action.
15.6. Suspension for Rules Violations - In the event a
participant or subscriber is suspended from his home MLS for violation
of the MLS Rules, the home MLS will notify any and all reciprocating
MLSs, but the listings of that participant will remain in any
reciprocating MLSs’ books and database but will not be allowed to be
renewed or extended.
15.7. Suspension for Nonpayment - In the event a participant or
subscriber is suspended for non-payment of fees or resigns from his home
MLS, the home MLS will notify any and all reciprocating MLSs, which will
remove all reciprocal listings of that participant or subscriber from
its MLS books and database.
All right, title, and interest in each copy of every MLS compilation
created and copyrighted by that MLS’s respective Association(s) or regional
MLS, and in the copyrights therein, shall at all times remain vested in
such Association(s) or regional MLS. This agreement does not vest any
rights, title and interest in the MLS compilation of each respective party
to this agreement in any other party to this agreement.
By this Agreement the parties have established rights and obligations
between one another, and are neither partners nor joint venturers. Each
Association and corporation is responsible for its own finances and each
party shall continue to operate its MLS independently, except as herein
expressly provided to the contrary. As a convenience to the parties to this
agreement and to its members, the CALIFORNIA ASSOCIATION OF REALTORS® is
the place where changes and signature pages will be kept on file. Where
C.A.R. is designated as the entity to receive and publish notice or
changes, such provisions shall be effective only as long as C.A.R. is
willing to provide such service. Where the term "CARNET" is used, it shall
mean the electronic method of transmission between Associations then being
offered by C.A.R. In the event that C.A.R. no longer provides the services
outlined in this paragraph, the parties may designate an alternative
central place of notification by mutual agreement. However, C.A.R. is not a
party, partner nor joint venturer to any of the signatories of this
Each Association and Regional MLS agrees not to represent itself as having
authority to act or contract on behalf of the other Associations or
Regional MLS without express authority pursuant to the terms of this
agreement. Each Association and Regional MLS agrees to indemnify and hold
each other Association and Regional MLS harmless for any damages resulting
from such unauthorized conduct.
This agreement shall continue unless cancelled pursuant to this paragraph.
Any party may cancel this Agreement without cause upon thirty (30) days
advance written notice to all other parties and to C.A.R. or upon written
notice to C.A.R. which shall become effective thirty (30) days after
publication through CARNET. If one party cancels this agreement, the
remaining parties shall continue to be bound under the terms of this
Parties to this agreement agree to maintain their governing documents in
compliance with N.A.R. policy. Proof of compliance with N.A.R. policy shall
be provided to any Association upon demand. A letter from N.A.R. stating
compliance with their policy shall be sufficient proof under this
If any provision or provisions of this contract are held to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby.
This Agreement may be executed two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one
and the same instrument. This Agreement is an agreement with all other
entities that have signed the CALIFORNIA MASTER RECIPROCAL AND
INTER-REGIONAL MLS AGREEMENT and have submitted the signatory page to the
CALIFORNIA ASSOCIATION OF REALTORS®.
Any controversy or claim between signatories to this Agreement arising out
or relating to this Agreement or the breach thereof, shall be first
submitted to mediation. If the matter is unable to be settled by mediation,
such controversy or claim shall settled by arbitration in accordance with
the Commercial Arbitration Rules of the American Arbitration Association
and the award rendered by the Arbitrators(s) shall be binding and final.
Arbitration between participants and subscribers of an MLS are governed by
This agreement may be amended by the Board of Directors of the California
Association of REALTORS® and will become effective 60 days after adoption
of the amendment by the C.A.R. Directors. Notice of such amendments will be
given through C.A.R.’s usual communication channels to Boards/Associations.
Each signatory agrees to be bound by the amendment unless they otherwise
terminate the contract pursuant to paragraph 19.