# Section 2: Membership, Participants, and Subscribers {% hint style="info" %} 🟦 = NAR-based policy provision {% endhint %} ### [2.1 – MLS Roles](#id-2.1-mls-roles) #### [A. MLS Participant](#a.-participant) 🟦 A Participant is the REALTOR® principal broker (or, where approved by the MLS, a firm comprised of REALTOR® principal brokers) or a licensed/certified real estate appraiser registered with the BSCMLS as the responsible party for an office or firm (e.g., Broker in Charge / Primary Appraiser). This is an administrative designation identifying who is accountable to the MLS for compliance by the Participant and all affiliated users. It does not authorize activities outside the individual’s license type. {% hint style="warning" icon="people-roof" %} **Eligibility:** No individual or firm is entitled to MLS participation unless they 1. hold a current, valid real estate broker license, and cooperate, or 2. are licensed/certified by an appropriate state regulatory agency to engage in appraisal of real property. Use of MLS information is strictly limited to activities authorized under the Participant’s licensure(s) or certification, and unauthorized uses are prohibited. Appraiser Participants participate for appraisal purposes only and are not authorized to cooperate in the listing or sale of real property through the MLS. {% endhint %} {% stepper %} {% step %} #### **Cooperation and “actively endeavor”** Cooperation means sharing information on listed property and making property available to other brokers for showing to prospective purchasers and tenants when it is in the best interests of the Participant’s client(s). Mere possession of a broker’s license is not sufficient. Broker Participants must actively endeavor, on a continual and ongoing basis during the operation of their real estate business, to list real property of the type entered in the MLS, share information on listed property, and make property available for showing when in the best interests of their client(s). {% endstep %} {% step %} #### No minimum production; nondiscrimination The “actively endeavor” requirement does not require a minimum number of transactions and is not intended to exclude part-time, seasonal, or time-limited businesses or periods of relative inactivity due to market conditions. The MLS will not evaluate participation based on the level of service provided, so long as the Participant’s level of service satisfies state law. This requirement will be applied in a nondiscriminatory manner to all Participants and potential Participants. {% endstep %} {% step %} #### Reasonable-basis review The MLS may evaluate whether a Participant actively endeavors to cooperate only when the MLS has a reasonable basis to believe the Participant is not doing so. Operating a Virtual Office Website (VOW), including a VOW used for referrals, is not a basis to deny participation **if the Participant otherwise actively endeavors to cooperate**. When the MLS has a reasonable basis for concern, it may send a written notice requesting confirmation of continued eligibility; failure to respond may result in suspension or termination of MLS participation and access. {% endstep %} {% endstepper %} #### [B. Subscriber](#b.-subscriber) 🟦 Any individual licensed real estate agent or certified appraiser who is affiliated with a Participant and authorized by that Participant to access MLS services, subject to BSCMLS eligibility requirements. #### [C. Office Staff (Unlicensed Assistant)](#c.-office-staff-unlicensed-assistant) 🟦 An unlicensed employee of a firm who provides administrative support. They must have an application signed by their Participant to gain MLS access and must use their own unique login.
Authorized Conduct: Enter and maintain listings, prepare marketing materials, run searches/compile statistics for their employer, and access their employer’s account using the “Team” feature but only if the data is compiled and/or approved by a licensee, consistent with state law. * ***MLS Tours:*** Unlicensed Assistants may hold properties open for MLS tours ONLY after their employer has escorted them inside (the employer must also lock the door after the tour is over).
Unauthorized Conduct: Show a property to a prospective buyer, hold a public open house, use or possess a client’s house keys for showings, buyer access, or unsupervised entry (courier pickup/transport at a licensee’s direction is permitted), or run buyer qualification programs. (see [**Violation Categories & Fine Schedule**](https://rulebook.bscmls.com/pages/lFLOsplLFKrR9CdeEU0f#id-16.2-violation-categories-and-fine-schedule))
Lockbox Installation: Unlicensed assistants, contractors, stagers, and other vendors are ineligible for a key and must be granted temporary access by the Listing Agent via the SentriLock app.
### [2.2 – Membership and Licensing Requirements](#id-2.2-membership-and-licensing-requirements) 🟦 NAR Policy 7.9 #### [A. Eligibility](#a.-eligibility) All Participants and Subscribers, excluding unlicensed office staff, must maintain the license, certification, and REALTOR® membership status required for their membership type to qualify for and maintain access to BSCMLS. Licensed applicants must maintain an active license or certification from the appropriate Montana licensing board, including the Montana Board of Realty Regulation for real estate licensees and the Montana Board of Real Estate Appraisers for appraisers. All REALTOR® applicants and members must also maintain active REALTOR® membership through the National Association of REALTORS®, the Montana Association of REALTORS®, and their **Primary local REALTOR® association**. **Application Verification:**\ Applicants are responsible for providing documentation needed to verify eligibility for BSCMLS membership. This includes: * a copy of the applicant’s active Montana real estate license or appraisal certification; and * a letter of good standing from the applicant’s **Primary local REALTOR® association**. BSCMLS may use association records, NAR membership records, licensing records, or other reliable sources to confirm eligibility before approving or activating MLS access. #### [B. Termination](#b.-termination) A Participant's or Subscriber's MLS access will be terminated upon verification if their license is revoked, suspended, or expired. Reinstatement requires proof of active status and completion of any reinstatement steps/fees. #### [C. REALTOR® Status](#c.-realtor-r-status) Participation in the BSCMLS is conditioned on the Participant and Subscriber maintaining membership with the National Association of REALTORS® through any local REALTOR® association. If the Participant joins NAR, their agents are eligible to join as REALTOR® members as well. All Participants and Subscribers are subject to the Code of Ethics and the professional standards procedures of their primary Association. {% hint style="warning" icon="id-badge" %} **Limited Function Referral (LFRO) / Referral-Only Status:** If a licensee elects LFRO (or similar referral-only REALTOR® status) through their Association, they are inactive with NAR/Association and therefore **ineligible for active BSCMLS access** during that period. Eligibility is restored when active REALTOR® status is reinstated. {% endhint %} ### [2.3 – Membership Suspension, Termination, Reinstatement, and Listing Status](#id-2.3-membership-suspension-termination-reinstatement-and-listing-status) #### [A. Suspended Members](#a.-suspended-members) To be reinstated, a suspended member must satisfy the conditions required for reinstatement based on the reason for suspension, including payment of any outstanding fees or fines if applicable. The timeline for escalation from suspension to termination depends on the reason for suspension and is governed by the specific subsection creating that suspension. If the suspended member is the Participant, see [**Section 2.3.D**](#d.-office-wide-effect-of-participant-suspension-or-termination) regarding the office-wide effect on affiliated Subscribers. #### [B. Terminated Members](#b.-terminated-members) To be reinstated, a terminated member must reapply as a new member, including paying all new application and reactivation fees in addition to any past-due balances. Upon termination, listings entered or managed by that Subscriber must be handled as follows: {% stepper %} {% step %} #### **Listings not under contract:** Any [**On-Market**](https://rulebook.bscmls.com/pages/Z2LdsbimRtq63X22466p#a.-on-market-statuses) or [**Off-Market**](https://rulebook.bscmls.com/pages/Z2LdsbimRtq63X22466p#b.-off-market-statuses) listing that has not been marked Under Contract or Contingent Backups OK must be reassigned to a new responsible licensee designated by the Participant, with written seller authorization. If the BSCMLS does not receive confirmation of reassignment within the applicable timeframe, the listing may be administratively canceled by MLS Staff. {% endstep %} {% step %} #### **Listings under contract or contingent:** Any listing already marked **Under Contract** or **Contingent Backups OK** must **not** be canceled, withdrawn, deleted, or otherwise removed in a manner that would interfere with required sold reporting. These listings must be reassigned to an authorized MLS Participant or Subscriber approved by the responsible Participant, and written notice of the new responsible party must be provided to the MLS. {% endstep %} {% endstepper %} If the terminated member is the Participant, see [**Section 2.3.D**](#d.-office-wide-effect-of-participant-suspension-or-termination) regarding the office-wide effect on affiliated Subscribers. {% hint style="danger" %} Appeals of termination decisions and related enforcement actions are governed by [**Section 16.1.C – Payment & Appeals**](https://rulebook.bscmls.com/pages/lFLOsplLFKrR9CdeEU0f#c.-payment-and-appeals). {% endhint %} #### [C. Effect of Suspension or Termination on Existing Listings](#c.-effect-of-suspension-or-termination-on-existing-listings) 🟦 The MLS listing is a record of MLS marketing and does not determine the validity of the underlying listing agreement. * If a Subscriber’s MLS access is suspended, existing MLS listings shall remain in their current status unless otherwise changed by an authorized MLS Participant or MLS Staff. * If a Subscriber’s MLS membership is terminated, any listing entered or managed by that Subscriber must be reassigned to an authorized MLS Participant or Subscriber approved by the responsible Participant, and written notice of the new responsible party must be provided to the MLS. * Listings already marked **Under Contract** or **Contingent Backups OK** must remain in the MLS and may not be canceled, withdrawn, deleted, or otherwise manipulated in a manner that would avoid required sold reporting under [**Section 11.2**](https://rulebook.bscmls.com/pages/aJ9uVyuBt9rjWl5xYxB3#id-11.2-sold-data-policy-reporting-privacy-and-mls-record-retention-nar-policy-7.75). * A terminated Subscriber may remain affiliated with a Participant only if reinstated to active MLS status or approved for a waiver under [**Section 3.4**](https://rulebook.bscmls.com/pages/0Lk7wLMdwviDJI22FV2G#id-3.4-certification-of-non-use-request-for-waiver-of-fees-nar-policies-7.42-and-7.43). If neither occurs, the Participant must promptly resolve the issue within 10 calendar days by ending the office relationship requiring MLS participation. #### [D. Office-Wide Effect of Participant Suspension or Termination](#d.-office-wide-effect-of-participant-suspension-or-termination) If the suspended or terminated member is the Participant, the suspension or termination applies to all Subscribers affiliated with that office or firm. During that period, affiliated Subscribers may not access MLS services through that office or firm unless and until the Participant is reinstated, the office or firm designates a new qualified Participant approved by the MLS, or the individual Subscriber transfers to another office or firm with an active Participant. If no active Participant is established for the office or firm within ten (10) calendar days after the effective date of the Participant’s termination, all listings and MLS privileges associated with that office or firm are subject to removal, cancellation, reassignment, or other administrative action as determined by the MLS. Transfer procedures, listing reassignment requirements, and applicable forms are governed by [**Section 2.4**](#id-2.4-office-and-listing-transfers). ### [2.4 – Office & Listing Transfers](#id-2.4-office-and-listing-transfers) To transfer MLS access to a new office, the Subscriber must submit a Subscriber Transfer Form to the BSCMLS, and a Listing Transfer Form (if applicable). These forms require the signatures of the new Supervising Broker and/or new Participant (in some cases this may be the same person). By signing and submitting these forms, the Subscriber acknowledges that the following mandatory steps are the Subscriber's responsibility: {% stepper %} {% step %} #### State Notification: * Notify the Montana Board of Realty Regulation ("BRR") of the transfer and pay any applicable state fees. {% endstep %} {% step %} #### MLS Notification: * Pay the BSCMLS Transfer Fee before the account can be switched to the new office (see [**Administrative and One-Time Fees**](https://rulebook.bscmls.com/pages/0Lk7wLMdwviDJI22FV2G#id-3.2-administrative-and-one-time-fees)). {% endstep %} {% step %} #### Local Association Notification: * Notify the Primary REALTOR® Association. This step is critical because access to transaction management software and the library of legal forms is tied directly to the Primary Association membership record, NOT the MLS account. {% endstep %} {% endstepper %} #### [A. Listing Ownership (Broker vs. Salesperson)](#a.-listing-ownership-broker-vs.-salesperson) Listings taken by a licensed **Broker** are administered in the MLS under the Participant, unless the Brokerage has an internal office policy or clause within its Independent Contractor Agreement (“ICA”) stating that listings belong to the Firm/Participant. Listings taken by a **Salesperson** are administered under the supervising broker/Participant, subject to the listing agreement and brokerage policy. #### [B. Listing Transfer (Broker vs. Salesperson)](#b.-listing-transfer-broker-vs.-salesperson) When a Broker transfers to a new firm, their [**On-Market**](https://rulebook.bscmls.com/pages/Z2LdsbimRtq63X22466p#a.-on-market-statuses) and [**Off-Market**](https://rulebook.bscmls.com/pages/Z2LdsbimRtq63X22466p#b.-off-market-statuses) listings may transfer with them, subject to the policies of their former Brokerage and seller authorization. The Listing Transfer Form must include the MLS numbers of every listing the transferring Broker intends to move. Listings in a [**Concluded Status**](https://rulebook.bscmls.com/pages/Z2LdsbimRtq63X22466p#c.-concluded-statuses) will remain with the former brokerage. #### [C. Denied Release with Intent to Continue Representation](#c.-denied-release-with-intent-to-continue-representation) If a salesperson’s listing transfer is denied by the former Supervising Broker (listing owner) and that Broker wishes to continue representation, the Broker must immediately inform the client and continue to manage the listing throughout the transaction process. MLS staff will credit the original salesperson upon closing, provided they can establish proof of procuring cause. A letter from the former Supervising Broker or Participant is sufficient. #### [D. Denied Release with Intent to Terminate Representation](#d.-denied-release-with-intent-to-terminate-representation) If a salesperson’s listing transfer is denied by the former Supervising Broker and that Broker chooses to terminate the relationship, the listing must be formally canceled in the MLS no later than 11:59 PM on the third business day after the termination agreement is signed. ### [2.5 – Mandatory Orientation & Training](#id-2.5-mandatory-orientation-and-training) 🟦 NAR Orientation Provisions All new MLS Participants, Subscribers, and Unlicensed Office Staff (collectively referred to as “users”) must complete the BSCMLS Online Orientation Program. This course covers MLS Rules & Regulations, system operation, and data entry standards. Orientation must be completed by the user within thirty (30) days of account activation. Failure to meet this requirement results in the following automatic penalties:
TimelineStatusObligation / Outcome
Day 1 - 30âś… ActiveStandard access to MLS services. Course should be completed by the end of day 30 to avoid suspension.
Day 31⚠️ SuspendedFailure to complete the course by the end of Day 30 results in immediate Suspension of all BSCMLS benefits. The user is granted a final 14-day grace period to complete the course while suspended. Course should be completed by the end of day 45 to avoid termination.
Day 46❌ TerminatedFailure to complete the course by the end of day 45 results in automatic Termination of BSCMLS membership.
{% hint style="danger" %} If the suspended or terminated user is the Participant, see [**Section 2.3.D**](#d.-office-wide-effect-of-participant-suspension-or-termination) regarding the office-wide effect on affiliated Subscribers. {% endhint %} #### [A. Reinstatement After Termination](#a.-reinstatement-after-termination) If a user is terminated for failure to complete orientation, they must re-apply for membership as a new Subscriber, pay the $1,000 Reactivation Fee (plus any unpaid fees), and complete the orientation within a strict 14-day window following reinstatement. Each subsequent reinstatement requires a new application and payment of an additional $1,000 Reactivation Fee, triggering a new 14-day compliance window. #### [B. Exemptions & Continuing Education](#b.-exemptions-and-continuing-education) Applicants who were active members of BSCMLS within the past twelve (12) months are exempt from the initial orientation requirement. BSCMLS reserves the right to mandate up to four (4) hours of additional training per 12-month period to familiarize users with system enhancements or rule changes. Remote options will be provided. --- # Agent Instructions: Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. Perform an HTTP GET request on the current page URL with the `ask` query parameter: ``` GET https://rulebook.bscmls.com/section-2-membership-participants-and-subscribers.md?ask= ``` The question should be specific, self-contained, and written in natural language. The response will contain a direct answer to the question and relevant excerpts and sources from the documentation. Use this mechanism when the answer is not explicitly present in the current page, you need clarification or additional context, or you want to retrieve related documentation sections.