For DESIGNATED REALTORS and/or MLS PARTICIPANTS
Communications:
I authorize GBRAR, GBRMLS, CID, WCR, CCIM, or other Divisions or Councils which I may subscribe as a member, to communicate information to me via Fax, Mail and Email at the addresses and phone numbers provided and any subsequent numbers or addresses which applicant provides.
Arbitration Agreement and Adherence to Association Policies:
As a condition of Membership in the Greater Baton Rouge Association of REALTORS®, Inc. or the GBRMLS, either as a Designated REALTOR® or MLS Participant:
I hereby agree for myself and the firm for which I act, to binding Arbitration of disputes as defined in and provided for in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS® with any member of the Greater Baton Rouge Association of REALTORS®, Inc., the GBRMLS, or the Louisiana REALTORS® Association in accordance with the rules and regulations, or any client covered by the Association rules and regulations.
- Further, I agree to binding Arbitration of disputes as defined in and provided for in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS® and in accordance with the GBRMLS or with any other MLS Participant or Subscriber of any Board/Association MLS which shares a common database with the GBRMLS through a Regional Agreement.
- NO REFUND. I understand that my dues and MLS Fees are non-refundable. In the event I fail to maintain eligibility for membership or for MLS Services for any reason under the Bylaws or MLS Rules and Regulations, including but not limited to discipline by the MLS, I understand I will not be entitled to a refund of my dues or fees.
- AUTHORIZATION TO RELEASE AND USE INFORMATION AND WAIVER. I am familiar with the Qualification and Election Provisions and the Bylaws of GBRAR and GBRMLS and authorize the Greater Baton Rouge Association of REALTORS®, Inc. and/or the GBRMLS or its representatives to verify any information in this application including contacting any Board/Association/MLS, the Louisiana Real Estate Commission, and any current or past broker or business associates. I further authorize any Board/Association/MLS in which I have been a member or MLS Participant/Subscriber to release all membership and disciplinary records to the Greater Baton Rouge Association of REALTORS®, Inc. and/or the GBRMLS. I further authorize GBRAR or GBRMLS to use this information in determining future disciplinary sanctions. I waive any cause of action including, but not limited to slander, libel or defamation of character resulting from such verification, evaluation or other processing of this application or use of the information gathered by GBRAR, GBRMLS, their agents, employees, committees or members.
- I agree that should I cease to be a REALTOR® I will discontinue use of the term REALTOR® in all certificates, signs, seals or any other medium.
- I understand that orientation is a requirement for membership and that attendance is required before membership and services are granted.
- By becoming and remaining a member, I agree to become familiar with and abide by the Constitution, Bylaws, Code of Ethics and Arbitration Manual, and any other rule as from time to time amended of the NATIONAL ASSOCIATION OF REALTORS®, the Louisiana REALTORS® Association, the Greater Baton Rouge Association of REALTORS®, and the GBRMLS.
- DESIGNATED REALTOR® LICENSEE RESPONSIBILITY It shall be the responsibility of the Designated REALTOR® (DR) to ensure that licensees and State Certified Appraisers newly affiliated with their firm either meet all of the requirements for membership which include: (1) notification to the Association, (2) completion of Application for Membership, (3) payment of appropriate dues and fees, (4) duplicate copy of real estate license, (5) attendance at Board Indoctrination or the DR must submit Non-member dues for such licensees. These requirements must be completed immediately upon affiliation. The Designated REALTOR® will be advised and billed for any licensee as a non-member per the GBRAR bylaws.
- INCOME TAX DEDUCTIBILITY NOTICE Contributions or gifts to the Greater Baton Rouge Association of REALTORS®, Inc., the Louisiana REALTORS® Association, the NATIONAL ASSOCIATION OF REALTORS®, and LARPAC are not deductible as charitable contributions for Federal Income Tax purposes. However, dues may be tax-deductible as ordinary and necessary business expenses. REALTORS® may participate in the PAC by including a voluntary donation on the same check as your dues payment. No contributor will be favored or disfavored by reasons of the amount of his/her contribution or decision not to contribute. Failure to contribute will not affect an individual membership status in GBRAR or GBRMLS. Applicants may not use the professional designation
MLS Rules and Regulations:
For and in consideration of the services and payments hereinafter provided, the parties agree as follows:
(1) Participant and his subscribers and other MLS users agree to abide by the rules and regulations of the MLS and further agree and acknowledge that all MLS content is provided for the use of the Participant and his Subscribers and it may not be sold, assigned or transferred, in any form, to others by anyone.
(2) Participant is required to be a principal and must hold a current, valid real estate broker’s license and be engaged in accepting and offering cooperation and compensation to other MLS Participants, or are licensed and certified by the Louisiana Real Estate Appraisal Board to engage in the appraisal of real property.
(3) Participant and his MLS users acknowledge that the software used to provide online access to GBRMLS content, including the accompanying documentation, is confidential and constitutes trade secrets. Participant and his MLS users agree not to disclose, disseminate or copy the computer programs or related documentation provided under this agreement, and further agree to abide by the terms and conditions of the master agreement executed between GBRAR/GBRMLS and its vendors.
(4) Participant and his MLS users acknowledge that the information contained in the MLS is confidential and no user may, nor may they authorize or allow anyone to, download the user’s active listings, sold listing data or any other information contained in the MLS for recommercialization (resale) or any other purpose not authorized in writing by GBRAR/GBRMLS.
(5) Participant and his MLS users acknowledge that the Core Services subscribed to are as defined below: Core Services are defined as electronic access to the Multiple Listing Service which provides: Current listing information and Information communicating compensation to potential cooperating brokers.
(6) I, the undersigned broker (MLS Participant), herewith request and authorize the Greater Baton Rouge Association of REALTORS® Multiple Listing Service to send our clients listing property information to be placed on the Internet. We warrant that our listing client has properly authorized their property to be placed on the Internet and agree to indemnify, defend, and hold the Greater Baton Rouge Association of REALTORS®, Inc. and the GBRMLS harmless from any claims arising out of this request. Participants listings will be transmitted by the service to the following unless Participant opts out in writing to GBRMLS: a) The GBRAR Broker Exchange Program (BX) more commonly referred to as (IDX)* b) Greater Baton Rouge Association of REALTORS® website c) Designated third parties as controlled by the MLS Participant through the data distribution dashboard. * The right to display listing information pursuant to BX is limited to GBRMLS Participants. Your listings will automatically be displayed on BX. In order to download listings on your website through BX, you will need to execute the BX License Agreement. For more information about the BX program go to http://www.batonrougerealtors/com/bx or contact the MLS Department at 225-761-2000 for information on executing a BX License Agreement.
In further consideration of the foregoing, the MLS Participant agrees as follows:
(7) An INITIAL FEE, plus all user fees, must accompany the application. Any past delinquent GBRMLS/GBRAR accounts must be brought current.
(8) SUBSCRIBER/USER FEE – In addition to the above, Participant/Subscriber shall pay a Subscriber User Fee per agent in each office, according to policies set from time to time by the GBRAR Board of Directors. The Subscriber User Fee entitles the Subscriber to an MLS access ID number. GBRMLS shall invoice Subscribers. In the event Subscriber becomes delinquent in his/her user fees, Subscriber’s MLS online access will be immediately discontinued. The Participant is responsible for all fees for all users affiliated with the Participant. Failure to pay the user fees within the prescribed time frame after being notified of the delinquency will be cause for the Participant’s service to be discontinued. In order to rejoin MLS, the initial application procedure would apply and Participant/Subscriber shall be responsible to pay GBRMLS the appropriate fees in order to bring the account current, including delinquent fees.
(9) ROSTER – Participant agrees to furnish GBRMLS with the address of each office and branch office, and with a current roster of all agents. This roster is to include the name and license number of each agent. The roster is to be updated quarterly.
(10) RULES AND REGULATIONS – I understand and agree that by becoming and remaining a Participant/Subscriber to the MLS, I agree to abide by the MLS Rules and Regulations, as from time to time amended, including but not limited to the following:
- I agree not to use the MLS data for any purpose other than to market property or support market valuations or appraisals as specifically set forth in the rules.
- I agree not to reproduce any portion of the active listing unless specifically authorized under the rules.
- I agree not to download MLS Data except as provided in the MLS Rules and Regs.
- I agree not to allow anyone other than authorized Participants, their Subscribers and the clerical users as defined in the MLS Rules & Regs to access any computer receiving MLS information. I agree not to transmit the information to any Participants, Subscribers and clerical users not authorized to access the system by the rules. I agree not to use the MLS to create another product except as may be used by the Participant who downloaded the data in compliance with the MLS rules.
- I agree I will not give or sell my password/ID to any person nor make it available to any person. I further understand the Louisiana and United States penal Codes prohibit unauthorized access to computer databases. I agree not to allow such unauthorized access by use of my equipment or pass codes.
- I understand that the clerical users I have registered may be authorized to have limited access to the MLS for clerical support only. I understand that clerical users are not allowed to use the information in any way other than to provide such information to me. Persons performing any activities that require a real estate license are not eligible for this clerical user classification. I further understand that any violation by a clerical user employed by me, under contract with me or used by me is my responsibility and can result in discipline to me and ultimate termination of MLS services to me.
- The security of many homeowners in the area depends on the security of the lockbox system. I agree to become familiar with and obey the Lock Box Procedures. I will not lend or make available my lockbox keypad to any person, even if an authorized MLS user. I understand that I will be fined $100.00 if I loan or authorize the use of my key by another individual. I further understand that the Board can incur costs in securing the system if I fail to take adequate measures to protect my keypad and lockbox and that I agree to be responsible for these costs.
- I understand and agree that the above statements are in addition to the MLS rules, to which I have also agreed as well as the terms and conditions expressed in the End User License Agreement “EULA.” Violation of any MLS rule may result in discipline, fine and ultimate termination of the Service. In addition, my actions may cause damage to the Greater Baton Rouge Association of REALTORS®, Inc.; the owner of the MLS and the Board may pursue any legal remedies against me to recover such damages.
- By payment of your service fees you are also a member MLS Participant in ROAM MLS (“ROAM”), a regional multiple listing service that maintains a common database with GBRAR. Your ROAM MLS service fee will continue to be invoiced through GBRAR. As the exclusive owner of all data and photos maintained within the MLS database (“MLS data”), GBRAR has the right to transmit all MLS data to ROAM for publication through the common database. In addition to the foregoing, your obligation of MLS cooperation and compensation extends to any and all Participants of GBRAR and ROAM. Additionally, the current version of GBRAR MLS Rules and Regulations (posted on the MLS) will continue to apply until they are replaced with consolidated MLS Rules and Regulations of ROAM MLS.
- In the event Participant/Subscriber becomes delinquent in his/her MLS Fees, Participants/Subscribers MLS access will be immediately discontinued.
For REALTOR MEMBERS and/or MLS SUBSCRIBERS
Communications:
I authorize GBRAR, GBRMLS, CID, WCR, CCIM, or other Divisions or Councils which I may subscribe as a member, to communicate information to me via Fax, Mail and Email at the addresses and phone numbers provided and any subsequent numbers or addresses which applicant provides.
Arbitration Agreement and Adherence to Association Policies:
As a condition of Membership in the Greater Baton Rouge Association of REALTORS®, Inc. or its MLS, either as a REALTOR® or an MLS Subscriber:
- I hereby agree for myself and the firm for which I act, to binding Arbitration of disputes as defined in and provided for in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS® with any member of the Greater Baton Rouge Association of REALTORS®, Inc., the GBRAR Multiple Listing Service (GBRMLS) or the Louisiana REALTORS® Association in accordance with the rules and regulations, or any client covered by the Association rules and regulations.
- Further, I agree to binding Arbitration of disputes as defined in and provided for in the Code of Ethics and Arbitration Manual of the NATIONAL ASSOCIATION OF REALTORS® and in accordance with the GBRAR Multiple Listing Service (GBRMLS) or with any other MLS Participant or Subscriber of any Board/Association MLS which shares a common database with the GBRAR Multiple Listing Service (GBRMLS) through a Regional Agreement.
- NO REFUND. I understand that my dues and MLS Fees are non-refundable. In the event I fail to maintain eligibility for membership or for MLS Services for any reason under the Bylaws or MLS Rules and Regulations, including but not limited to discipline by the MLS, I understand I will not be entitled to a refund of my dues or fees.
- AUTHORIZATION TO RELEASE AND USE INFORMATION AND WAIVER. I am familiar with the Qualification and Election Provisions and the Bylaws of GBRAR and GBRMLS and authorize the Greater Baton Rouge Association of REALTORS®, Inc. and/or the GBRAR Multiple Listing Service (GBRMLS) or its representatives to verify any information in this application including contacting any Board/Association/MLS, the Louisiana Real Estate Commission, and any current or past broker or business associates. I further authorize any Board/Association/MLS in which I have been a member or MLS Participant/Subscriber to release all membership and disciplinary records to the Greater Baton Rouge Association of REALTORS®, Inc. and/or the GBRAR Multiple Listing Service (GBRMLS). I further authorize GBRAR or GBRMLS to use this information in determining future disciplinary sanctions. I waive any cause of action including, but not limited to slander, libel or defamation of character resulting from such verification, evaluation or other processing of this application or use of the information gathered by GBRAR, GBRMLS, their agents, employees, committees or members.
I agree that should I cease to be a REALTOR® I will discontinue use of the term REALTOR® in all certificates, signs, seals or any other medium.
I understand that if GBRAR/GBRMLS requires completion of certain education courses , I must complete such courses prior to becoming a Member, MLS Participant or MLS Subscriber.
By becoming and remaining a member, I agree to become familiar with and abide by the Constitution, Bylaws, Code of Ethics and Arbitration Manual, and any other rule as from time to time amended of the NATIONAL ASSOCIATION OF REALTORS®, the Louisiana REALTORS® Association, the Greater Baton Rouge Association of REALTORS®, and the GBRAR Multiple Listing Service (GBRMLS).
It shall be the responsibility of the Designated REALTOR® to ensure that licensees and State Certified Appraisers newly affiliated with their firm meet all of the requirements for membership which include (1) notification to the Association, (2) completion of Application for Membership, (3) payment of appropriate dues and fees, (4) duplicate copy of real estate license, (5) attendance at Board Indoctrination & Structural Measurement. These requirements must be completed with immediately upon affiliation. Should any new applicant not meet the necessary requirements within the allotted time, the Designated REALTOR® will be advised and continue to be billed for this licensee as per the GBRAR bylaws.
Contributions or gifts to the Greater Baton Rouge Association of REALTORS®, Inc., the Louisiana REALTORS® Association, the NATIONAL ASSOCIATION OF REALTORS®, BOARDPAC and LARPAC are not deductible as charitable contributions for Federal Income Tax purposes. However, dues may be tax deductible as ordinary and necessary business expenses. REALTORS® may participate in the PAC by including a voluntary donation on the same check as your dues payment. No contributor will be favored or disfavored by reasons of the amount of his/her contribution or decision not to contribute. Failure to contribute will not affect an individual membership status in GBRAR or GBRMLS. Applicants may not use the professional designation of REALTOR® until the Application is approved and membership requirements are completed.
MLS Rules and Regulations:
I understand and agree that by becoming and remaining a Subscriber to the MLS, I agree to abide by the MLS Rules and Regulations, as from time to time amended, including but not limited to the following:
- I agree not to use the MLS data for any purpose other than to market property or support market valuations or appraisals as specifically set forth in the rules.
- I agree not to reproduce any portion of the active listing unless specifically authorized under the rules.
- I agree not to download MLS Data except as provided in the MLS Rules and Regs.
- I agree not to allow anyone other than authorized Participants, their Subscribers and the clerical users as defined in the MLS Rules & Regs to access any computer receiving MLS information. I agree not to transmit the information to any Participants, Subscribers and clerical users not authorized to access the system by the rules. I agree not to use the MLS to create another product except as may be used by the Participant who downloaded the data in compliance with the MLS rules.
- I agree I will not give or sell my password/ID/token to any person nor make it available to any person. I further understand the Louisiana and United States penal codes prohibit unauthorized access to computer databases. I agree not to allow such unauthorized access by use of my equipment or pass codes.
- I understand that any assistants I have registered may be authorized to have limited access to the MLS for clerical support only. I understand that clerical users are not allowed to use the in- formation in any way other than to provide such information to me. Persons performing any activities that require a real estate license are not eligible for this clerical user classification. I further understand that any violation by a clerical user employed by me, under contract with me or used by me is my responsibility and can result in discipline to me and ultimate termination of MLS services to me.
- The security of many homeowners in the area depends on the security of the lockbox system. I agree to become familiar with and obey the Lock Box Procedures. I will not lend or make available my lock box key pad to any person, even if an authorized MLS user. I further understand that the Board can incur costs in securing the system if I fail to take adequate measures to protect my keypad and lockbox and that I agree to be responsible for these costs.
- I understand and agree that the above statements as well as the terms and conditions expressed in the End User License Agreement “EULA.” are in addition to the MLS rules, to which I have also agreed. Violation of any MLS rule may result in discipline, fine and ultimate termination of the Service. In addition, in the event my actions may cause damage to the Greater Baton Rouge Association of REALTORS®, Inc.; the owner of the MLS and the Board may pursue any legal remedies against me to recover such damages.
- By payment of your service fees you are also a member MLS Subscriber in ROAM MLS (“ROAM”), a regional multiple listing service that maintains a common database with GBRAR. Your ROAM MLS service fee will continue to be invoiced through GBRAR. Additionally, the current version of GBRAR MLS Rules and Regulations (posted on the MLS) will continue to apply until they are replaced with consolidated MLS Rules and Regulations of ROAM MLS.
- In the event Participant/Subscriber becomes delinquent in his/her MLS Fees, Participants/Subscribers MLS access will be immediately discontinued.
ADDITIONAL TERMS AND DISCLOSURES REGARDING DUES AND LARPAC CONTRIBUTIONS FOR ALL MEMBERS
Dues Non-Deductibility: Compliance with the Tax Reform Act of 1993, as amended by the Tax Cuts and Jobs Act of 2017, requires that the portion of dues attributable to lobbying and political activities at the local, state and federal levels of government be considered nondeductible for income tax purposes. As a 501(c)(6) organization, the Louisiana REALTORS® and the National Association of REALTORS® engage in “lobbying” activities as defined by the IRS. In addition, contributions (including member dues) are not tax deductible as charitable contributions. However, they may be tax deductible under other provisions of the Internal Revenue Code. The 2022 non-deductible percentage of member dues for the Louisiana REALTORS® and the National Association of REALTORS® is as follows:
Organization | Dues | % Non Ded | Amount |
NAR | 150.00 | 36% | $54.00 |
Louisiana REALTORS® | 155.00 | 35% | $54.00 |
NAR Special Assessment for the Consumer Advertising Campaign: Your 2022 dues include a $35.00 mandatory assessment to fund consumer advertising. These highlight the value a REALTOR® brings to a transaction and reinforce the REALTOR® brand. Please note that the entire $35.00 portion of assessment qualifies as deductible dues
LARPAC (Louisiana REALTORS® Political Action Committee) Contributions are used for political purposes, are voluntary, & are not deductible for Federal income tax purposes. Any amounts indicated are merely guidelines & you may contribute more or less than the suggested amounts. Neither your membership nor your participation in Louisiana REALTORS® is conditioned directly or indirectly on contributing to LARPAC. You may refuse to contribute without reprisal. The following is sent to the National REALTORS® Political Action Committee (RPAC) to support federal candidates and is charged against your limits under 52 U.S. C. 30116: (1) 30% of all contributions of $1,000 or more made at any time; & (2) 30% of each contribution less than $1,000 until LARPAC meets its Federal Allocation Goal set by RPAC. LARPAC retains the following to support state and local issues & candidates: (1) 70% of contributions that are $1,000 or more; & (2) 100% of contributions of less than $1,000 after the RPAC Federal Allocation Goal is met.
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