SERVICE CHARGES
Section 6- Service Fees and Charges: The following service charges for operation of the Multiple Listing Service are in effect to defray the costs of the Service and are subject to change from time to time in the manner prescribed.
(A) Initial Participation Fee: An applicant for participation in the Service shall pay an application fee in an amount to be determined and announced annually by the Board of Directors or at a special meeting of the Board of Directors with prior notice to the membership that the amount of the application fee will be an item on the agenda. An approved application fee shall remain in effect until next voted upon be the Board of Directors at an annual or special meeting of the Board of Directors.
(B) Recurring Participation Fee: The annual participation fee of each Participant shall be an amount to be determined and announced annually by the Board of Directors or at a special meeting of the Board of Directors with prior notice to the membership that the amount of the annual participation fee will be an item on the agenda. An approved participation fee shall remain in effect until modified at an annual or special meeting of the Board of Directors. The annual participation fee of each Participant shall be an amount as determined, times each salesperson and licensed or certified appraiser who has access to and use of the Service, whether licensed as a Broker or salesperson, or licensed or certified appraiser which is employed by or affiliated as an independent contractor with such Participant. Payment of such fees shall be made on or before the first day of the quarter. A Participant who belongs to another Multiple Listing Service with one or more salespersons or appraisers, shall pay a fee only for those who participate in this Service. Fees shall be the same as for other Participants to the Service. (See Sec. 7.1).
(C) Listing Fee: This fee shall be at a rate to be charged for each listing filed by a Participant with the Multiple Listing Service. Payment schedule (i.e., with listing or monthly) shall be announced with the use of this fee (if and when implemented).
Section 6.1- Separate Fees and Charges: Separate fees and charges shall be announced for the following:
(A) Non-REALTOR® Participation Fees: Participant fees to Non-REALTOR® Members licensed in the State of Arizona.
(B) Listing Input Fee: Multiple Listing Service fee for inputting a Participants listing into the computer by an employee of the Multiple Listing Service will be set by the Board of Directors.
Section 6.2: Pro-rated Fees and Charges: Members who join after the end of the first month of the annual billing cycle shall be charged fees on a pro-rated basis based upon the month joined. This pro-rated basis does not apply to the initial fee for a Broker who applies for participation in the Service.
Section 6.3: Announcement of Fees and Charges: The Multiple Listing Service fees and charges shall be announced by the Board of Directors of the Service prior to the start of the annual billing cycle and shall be paid in accordance with an announced schedule. These fees will be published and distributed separately as an Appendix to these Rules and Regulations.
Section 6.4: Participation Fee Assessment: Initial Participation fees, recurring Participation fees, listing origination fees, charges, fees, etc. shall be assessed only to the Multiple Listing Service Designated REALTOR®. Payment of such fees may only be accepted from the Multiple Listing Service Designated REALTOR® and not from non-principal Brokers or sales licensees affiliated with the Designated REALTOR®. None of the foregoing is intended to preclude the Multiple Listing Service Designated REALTOR® from being reimbursed by affiliated licensees for fees or charges incurred on their behalf pursuant to any in-house agreement that may exist.
A licensee affiliated with a Participant shall be exempt from payment of the Santa Cruz County Multiple Listing Service if they satisfy and continue to satisfy ALL of the following requirements:
1. Applicant is NOT the listing agent for any active listing included in the SCCMLS MLS computer system (the”System”).
2. Applicant does NOT possess, control or use a lockbox key to enter, view or show any property that is listed on the System.
3. Applicant does NOT directly or indirectly access or use in any manner whatsoever the listing information stored in the System. Such access and use includes, but is not limited to, direct access to or use of the System and the use of any other devices, such a any device that permits access to and use of any listing information from the System.
4. Applicant does NOT directly or indirectly use in any manner whatsoever information from the System to list properties for sale or lease, to identify or locate properties for any potential buyers or lessees and does not participate in holding open any properties listed in the System. (Amended 8/06)
Waivers based on the explanation given by the licensee shall be granted on a case-by-case basis and at the sole discretion of the Board of Directors. The Designated REALTOR® of the licensee must also certify the licensees qualifications for waiver. Failure to notify the Multiple Listing Service of the utilization of the Service by the individual granted a waiver shall result in the assessment of a fine in the amount of $1000.00 per violation. In the case of a Designated REALTOR® joining as a Secondary Multiple Listing Service (See Section 7.2), The Designated REALTOR® shall request a waiver for all licensees affiliated with the Designated REALTOR®, except those joining the Service with the Designated REALTOR®. Failure to notify the Multiple Listing Service of additional licensee’s utilization of the Service shall result in the assessment of a fine in the amount of $1000.00 per violation. In addition to the fine, the Waiver shall be revoked and the Designated REALTOR® shall be billed for fees retroactive to the beginning of the current Waiver. Waivers shall be given annually and applied for 30 days in advance. Renewals shall be applied for no later than June first and shall become effective July first. Any new waiver applied for during the year shall only be good until July first and shall follow the renewal process thereafter.
