Multiple Listing Service - Limitations On Access and Other Criticisms

Limitations On Access and Other Criticisms

Most MLS systems restrict membership and access to real estate brokers (and their agents) who are appropriately licensed by the state (or province), are members of a local board or association of realtors, and are members of the applicable national trade association (e.g., NAR or CREA). Access is becoming more open as Internet sites offer the public the ability to view portions of MLS listings. There still remains some limitation to access to information within MLSes; generally, only agents who are compensated proportional to the value of the sale have uninhibited access to the MLS database. Many public Web forums have a limited ability in terms of reviewing comparable properties, past sales prices or monthly supply statistics. This represents the cornerstone of several ongoing arguments about the current health of the real-estate market, which are centered on free and open information being necessary for both the buying and selling parties to ensure fair prices are negotiated during closing, ultimately allowing a stable and less volatile market.

A person selling his/her own property - acting as a For sale by owner (or FSBO) seller - cannot generally put a listing for the home directly into an MLS. An example of an exception to this general practice is the national MLS for Spain, AMLASpain, where FSBO listing are allowed. Similarly, a licensed broker who chooses to neither join the trade association nor operate a business within the association's rules, cannot join most MLSes. However, there are brokers and many online services which offer FSBO sellers the option of listing their property in their local MLS database by paying a flat fee or another non-traditional compensation method.

In Canada, CREA has come under scrutiny and investigation by the Competition Bureau and litigation by former CREA member and real estate brokerage Realtysellers (Ontario) Ltd., for the organization's control over the Canadian MLS system. In 2001, Realtysellers (Ontario) Ltd., a discount real-estate firm was launched that reduced the role of agents and the commissions they collect from home buyers and sellers. The brokerage later shut down and launched a $100 million lawsuit against CREA and TREB, alleging that they breached an earlier out-of-court settlement that the parties entered into in 2003.