The National Association of REALTORS® (NAR) today announced it reached a resolution with Phoenix REALTORS® that brings the local association back into compliance with NAR’s Constitution and Bylaws, allowing the local association to retain its charter. The two groups had been embroiled in a nasty dispute starting late last year regarding whether Phoenix REALTORS® members must stay with NAR in order to access MLS listings, with lawsuits threatened on both sides.
Phoenix REALTORS® eliminated its ‘MLS Choice’ membership option but will continue to offer non-REALTORS® access to the Arizona Regional Multiple Listing Service (ARMLS) as it has done since 1996. In addition, Phoenix REALTORS® will provide certain products and services to non-REALTOR® licensees who purchase non-member MLS Access.
Phoenix REALTORS® emphasizes that non-member MLS Access is not a membership of any kind and licensees who purchase non-member MLS Access are not REALTORS®, may not use the REALTOR® mark, and would not belong to local, state or national REALTOR® associations, or have access to the many benefits of REALTOR® membership.
The legal skirmish began December 18 when NAR said it was taking “necessary action” to defend its three-way agreement that requires agents to join local, state and national associations, and to enforce the NAR constitution and bylaws. That action included sending a cease and desist letter to Phoenix REALTORS®, saying that their new MLS Choice “purports to allow real estate licensees to become members of Phoenix REALTORS® without becoming a member of the Arizona Association of REALTORS® or NAR.”
The matter was never about MLS access, according to NAR, and NAR said its policy on this has not changed. Phoenix REALTORS® ARMLS is and has long been open to non-REALTORS®. MLSs have local discretion to determine individual participation requirements based on their market and applicable law.
In a statement forwarded to RISMedia, NAR said that “We are pleased to have reached this resolution, which protects the rigorous standards of the REALTOR® brand. We look forward to continuing to work with Phoenix REALTORS® in service of REALTORS® and our shared mission.”
Phoenix REALTORS® additionally issued the following statement:
“After working together productively, Phoenix REALTORS® and the National Association of REALTORS® have reached a mutually beneficial agreement that ensures Phoenix REALTORS®’ non-member offering complies with NAR’s constitution, bylaws and the three-way agreement.
Following NAR’s December 2024 cease-and-desist letter to Phoenix REALTORS® about MLS Choice, NAR initiated its charter revocation process, citing concerns that the offering conferred local association membership, caused confusion for consumers and weakened the REALTOR® brand. To address these concerns, Phoenix REALTORS® and NAR worked together to clarify the marketing around MLS Choice and introduce an updated offering. The updated offering is known as ‘non-member MLS access,’ which will eliminate any further confusion and make clear what the subscription option entails.
Through this revised offering, PAR will continue to provide non-REALTORS® access to ARMLS—as it has done since 1996, consistent with longstanding NAR policy—and will offer certain MLS-related products and services to non-REALTOR® licensees who subscribe to ARMLS.
The non-member MLS access option is not REALTOR® membership—it is a subscription for professionals desiring a different level of support. Licensees who purchase this subscription option are not REALTORS®, cannot use the REALTOR® mark, and do not belong to local, state or national REALTOR® associations or have access to the many benefits of REALTOR® membership.
Phoenix REALTORS® remains committed to the REALTOR® brand, the three-way agreement, and the benefits made possible by the relationship between the Phoenix association, Arizona Association of REALTORS® and NAR. This outcome supports both Phoenix REALTORS®’ and NAR’s ultimate goal of helping REALTOR® members succeed and the real estate industry at large thrive.”
