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CREA MLS Rules
CREA has notified of changes to the MLS rules in response to competition bureau concerns.
CREA has changed its MLS rules to clarify that the nature of services to be provided to the seller or buyer is a matter of agreement between the REALTOR and his or her client or customer.
CREA adjusted their membership rules response to allegations from the Competition Bureau that the MLS® system restricts consumer choice and prevents innovative business models.
CREA responde by saying the allegations were false.
At the annual CREA annual general meeting, association membership approved clarification of the rules relating to real estate Boards MLS Systems. CREA said that its recent changes will adddress the concerns of the Competition Bureau. CREA states that the rule changes will notcompromise the integrity of the MLS® Systems and the accuracy and the quality of information available via the Board MLS systems.
CREA President Georges Pahud responded in a letter saying “that by approving the amendments, CREA and its member Boards not only clarified how CREA’s Rules actually operate, they have taken a very strong pro-competitive stance. The amendments passed with an overwhelming 87% majority.”
The Federal Government Competition Bureau compalined about the Agency aspect of CREA rules, that “a listing REALTOR® must act as agent for the seller to sell the property and to assist the seller throughout the entire time of the listing contract.”
CREA changed that to clarify the level of service provided by a listing REALTOR® is a matter of contract between the REALTOR® and the seller. The change also explicitly states that the listing REALTOR® must comply with regulatory requirements, CREA Rules and Real Estate Board rules.
The amended paragraph now reads: “A listing REALTOR® must act as agent for the seller in order to post, amend or remove a property listing in a Board’s MLS® System. The nature of additional services to be provided by the listing REALTOR® is determined by agreement between the listing REALTOR® and the seller, subject to the applicable regulatory requirements and the Rules of CREA and Boards/Association.”
For Ontario REALTORS®, the “applicable regulatory requirements” would include laws such as REBBA and its regulations, including the REBBA Code of Ethics, FINTRAC compliance, competition law, privacy compliance and Do Not Call.
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