Section 3.0: Qualifications for Participation

Posted by PRO Thu, 16 Mar 2006 16:38:00 GMT

Participant

A Participant is a licensed real estate broker or a state certified appraiser who is a principal, partner, corporate officer, or branch manager acting on behalf of a principal.

Eligibility for REALTOR® Participant

  • Must be a REALTOR® Member of an Association of REALTORS®.

  • Must hold a current, valid real estate broker’s license or certification as an appraiser in the state of Florida.

  • Must be a principal, partner, corporate officer, or branch manager acting on behalf of a principal of a real estate or appraisal firm.

  • Must agree in writing to abide by the rules and regulations and policies and procedures of the Multiple Listing Services (MLS).

  • Must agree to complete a course of instruction on the MLS Rules and Regulations, Policies and Procedures, training in the use of the MLS computer system, and pass an open book written examination as required by the MLS.

  • Must agree to be responsible for all affiliated real estate licensees and appraisers’ monetary obligations to the MLS and their compliance with the MLS rules and procedures and training obligations.

  • Must agree to ensure that all affiliated real estate licensees and appraisers are registered with the MLS and all MLS fees are paid within 30 days of licensees/appraisers’ affiliation with the Participant.

  • Must agree to register and ensure that all MLS fees are paid for all unlicensed office and personal administrative personnel who will have access to and use of the MLS before they access and use the MLS on behalf of the Participant or on behalf of any of the Participant’s affiliated Subscribers.

  • Must pay all fees, fines and charges assessed by the Multiple Listing Service, including any unpaid amounts owed by affiliated Subscribers.

Eligibility for Non-REALTOR® Participant

  • Must abide by all the requirements of REALTOR® Participants except the requirement to be a member of a REALTOR® Association. In addition:

    • Must supply satisfactory evidence that applicant has

      • No record of recent or pending bankruptcy.
      • No record of official sanction involving unprofessional conduct.

 

Subscriber

A Subscriber is a licensed real estate associate broker or sales associate or a licensed, registered or certified appraiser affiliated with a real estate brokerage or appraisal firm who is not a principal or officer in the real estate brokerage or appraisal firm.

Eligibility for Subscribers

  • Must hold a current, valid real estate license or appraisal certification, license, or registration (either associate broker, sales associate, or appraiser) in the state of Florida.

  • Must be affiliated with a real estate broker or, in the case of appraisers, a real estate broker or certified appraiser.

  • Must agree in writing to

    • Abide by all the rules and regulations and policies and procedures of the Multiple Listing Service.

    • Complete a course of instruction on the MLS Rules and Regulations, Policies and Procedures, training in the use of the MLS computer system, and pass an open book written examination as required by the MLS.

  • Must pay all fees, fines, charges, and other monetary obligations assessed by the Multiple Listing Service. (See Bylaws of the PINELLAS SUNCOAST ASSOCIATION OF REALTORS®, INC.)


Administrative Users

Administrative users are unlicensed individuals or registered trainee appraisers under the direct supervision of an MLS Participant or Subscriber who perform only administrative and clerical tasks that do not require a real estate license or an appraiser’s certificate.  Note: An individual who has an active license in a referral company is not an unlicensed individual.  An unlicensed individual is one who either has no real estate license or who has an inactive real estate license.

Each Participant shall provide the MLS with a list of all administrative users employed by or affiliated as independent contractors with the Participant or the Participant’s affiliated Subscribers and shall immediately notify the MLS of any changes to the list by registering administrative users with the MLS prior to their accessing the MLS.

Unauthorized Application for UOA (Unlicensed Office Assistant) or UPA (Unlicensed Personal Assistant): A fine of $2500 will be assessed to any MLS Participant or Subscriber who applies for Unlicensed Assistant access for any person not directly employed by the Participant or Subscriber. MLS shall have the right to request paperwork verifying direct employment to include W2 and/or 1099 forms.



MLS Certification-Level One

Participant and Subscriber applicants shall complete a MLS Certification-Level One program of no more than eight classroom hours devoted to:

  • The MLS rules and regulations, policies and procedures, and training related to the MLS data information system within 30 days after joining the Multiple Listing Service.

  • To successfully complete the MLS Certification-Level One program, Participants and Subscriber applicants must attend the eight hour MLS Certification-Level One course and pass a written examination with a score of 80% or higher within 30 days after joining the Multiple Listing Service.

  • Participant and Subscriber applicants who do not successfully complete the MLS Certification-Level One program within 30 days of joining the Multiple Listing Service will have their MLS access suspended until they have successfully completed the MLS Certification program.

Participants and Subscribers who have not been active, paid users of the MLS for over one year must successfully complete the MLS Certification-Level One program within 30 days of reinstatement.


Penalty

A Participant or Subscriber who has repeated infractions of the MLS rules and regulations, policies, or procedures shall be required to attend an MLS Certification program or other prescribed MLS education program and also to pay any monetary fines.





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