In a letter to the National Association of REALTORS® (NAR) December 23, lawyers for the Phoenix Association of REALTORS® (PAR) said the organization will not accede to NAR’s demand to withdraw its new MLS Choice offering.
“PAR has experienced more and more real estate professionals interested in obtaining the products and services they value for their business without REALTOR membership,” wrote PAR in the letter. “PAR’s MLS Choice offering responds to that need by providing MLS access, uniformly perceived as nearly essential to residential real estate, without requiring participation in the association.”
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 PAR, saying that their new MLS Choice “purports to allow real estate licensees to become members of PAR without becoming a member of the Arizona Association of Realtors or NAR.”
In a statement emailed to RISMedia, PAR CEO Andy Fegley defended the brokerage’s position.
“We cannot be clearer with our intent behind MLS Choice: This is one more option that is both legally sound and a responsible offering to a changing industry,” he wrote. “MLS Choice is not and never will be a REALTOR® membership. It is a fee-based subscription. There is a difference between increasing choice and replacing it, and we will always proudly support and champion REALTORS®.
“We are surprised to learn that NAR would view increased options as a threat, and we’ve engaged in meaningful discussion with them to help alleviate their confusion. Our primary goal is to engage in an amicable path forward with NAR so that we can best serve our industry’s real estate professionals.”
This is a continuing story that will be updated as new details become available.
