As we enter a new age of real estate, we have experienced numerous changes in the last year. One such change has been the Non-Member MLS Access, which offers a choice to real estate agents for membership in a real estate organization. For two generations, real estate licensees who wished to focus on residential transactions were obligated to join the National Association of Realtors through their local and state associations. To sell real estate, licensees must sign up with a broker, which translates to the membership of NAR, thus calling themselves Realtors.

Since the dawn of the national organization in 1909 and the MLS programs across the country, all the services for access to the MLS flowed from the national, state and local associations of Realtors.

Thus, Realtor members really had no choice. If their broker was a Realtor member, every licensee under that broker was required to join the Realtor organization.

Now, in mid-2025, agents have a choice. In the fall of 2024, Phoenix Realtors developed Non-Member MLS Access, (originally titled MLS Choice) which offers the members a choice of how they want the services delivered to them.  Since the introduction of Non-Member MLS Access, many brokerages in Arizona have made the switch or included that program. For most brokerages to truly offer the choice, they must form a sister or subsidiary company, with a different designated broker, for their agents. That provides the licensees in their company with a choice; stay with the side that offers Realtor membership or move to the other side whereby they become a Non-Member MLS Access agent, losing their Realtor designation.

Non-Member MLS Access offers reduced billing, (only paying Phoenix dues), and not to the state or national organization. Non-Member MLS Access offers the same MLS access, and other services through the local association.

And, Non-Member MLS Access now provides 9 new Contract forms, as compared to the 70+ forms offered by the Arizona Association of Realtors. While the forms contain the clauses needed in a real estate purchase contract, they do look and flow very differently. That alone has created some objections and anger in the industry. It creates challenges when a Non-Member MLS Access member submits an offer to a Realtor member, on a form that the Realtor member has not seen or has seen yet refuses to acknowledge.

This is our new world of real estate. As such, Non-Member MLS Access agents must realize that the Realtor members will naturally be reluctant to present that offer to their seller, simply because they do not know or understand that form. That said, the Non-Member MLS Access also must be prepared to receive a counteroffer on the Realtor form.

At the same time, the Realtor members must understand that regardless of their discomfort or being uneasy about a form that they have not seen, they are nonetheless obligated to present that offer to their client.

Recently, it became known that some brokerages and specifically, the designated brokers, have instructed their Realtor members to NOT present any offer to their sellers on a Non-Member MLS Access form.

Sadly, those brokers and agents are willing to violate Commissioner’s Rule R4-28-802.B, which requires licensees to “present all offers” to their client as well as the Realtor Code of Ethics, Article 1, Standard of Practice 1-6. Any Non-Member MLS Access agent that is told that their offer will not be presented should first talk to their own broker and then the broker of the listing agent.

Realtor members have voiced opposition to dealing with other groups’ forms. Those Realtor members need to be aware that many areas around the country have multiple state organizations, each having their own set of forms. Michigan has 36 state-level associations, and 8 of them have forms different from the other organizations. Thus, Realtors within one state organization might need to learn forms from numerous other organizations.

In late January 2025, ADRE Commissioner Nicolson posted a message on their social media page, (and on the AZRE.gov website), reminding agents and brokers that ALL offers must be presented to the client.

Realtor members…remember your obligation is to present ALL offers to your client, even on a different form, on a napkin or even verbally. Then the listing agent should allow the seller to decide how to respond.

All members should be familiar with the forms that are on the street being used by co-broke agents. On either side, your client will be best served when you are assisting them in navigating any form presented to you.