| These are the specific terms of the
Principles of Competition approved by the member Boards and
Associations of The Canadian Real Estate Association at the
Annual General Assembly in 1999, still in effect today. It
is provided with interpretations of some of the key points
in the application of the Principles of Competition.
The purpose of a listing service operated under the MLS®
trademark is the orderly correlation and dissemination of
listing information to its members so that through cooperation
in the marketing of property REALTORS® may better serve the
buying and selling public. Member real estate Boards and Associations
shall not undertake any activity or enact or enforce any rules
which run contrary to these guidelines subject to any applicable
laws, government statute, ordinance or regulation, and to
any final decree of any court or administrative agency.
Therefore member Boards and Associations must not:
- Fix, establish, suggest, maintain or control the commission
rates or fees for MLS® or other listing services or
any services to be rendered by members.
- Fix, establish, suggest, maintain or control the division
of commissions or fees between cooperating members or members
and non-members.
- Require financial support of the Multiple Listing Service®
operation by any formula based on commissions charged for
the provision of real estate services.
- Finance a Multiple Listing Service® by any formula
based on sales price, unless that fee does not exceed $400.00
per transaction. That limit may be increased in accordance
with any increases in the Consumer Price Index as published
by Statistics Canada and experienced since January 2000.
- Require or agree with a publisher or publication in which
the Board or Association has no financial interest to refuse
any type of advertising from members or non-members including
refusals based on the commission rate or fees contained
therein or recommend the type of advertising to be accepted
by such publishers/publications.
- Prevent or restrict advertising by members of commission
rates or fees, or advertising of for sale by owner or other
consultative services, or offering or advertising of inducements,
incentives, gifts, prizes, refunds or rebates.
- Generally restrict advertising by members or non-members
unless the advertising is:
ii. Prohibited by law, or
iii. Restricted at the request of the vendor.
- Prohibit or discourages cooperation with non-members.
- Limit or interfere with the terms of the relationship
between members.
- Require Brokers or salespersons work full time in real
estate sales, brokerage or related industries as a condition
of membership although membership may be terminated based
on complaints that member(s) are proven not available to
serve the public on a regular and consistent basis and/or
in accordance with standards of competence and integrity
necessary to serve the public.
- Refuse membership in a Board or Association to any broker
or salesperson unless they fail to meet uniform and reasonable
financial and educational criteria or standards of competence,
integrity and character that are reasonably necessary for
the protection of the public.
- Reject a listing submitted to the MLS® system by
a member on the basis of price, commission rate or fees
contained in the listing.
- Prohibit or discourage a member from accepting a listing
from a vendor preferring to give “office exclusive”.
It shall be the duty and obligation of member Boards
of The Canadian Real Estate Association to examine their Rules
and Regulations to assure that they conform to this policy.
The right of real estate Boards and Associations, to use the
certification and design marks of CREA, may be terminated
in the event of a failure to adhere to the Principles of Competition.
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