Is Doubling the Price for the Same MLS Services Really Open Access?

With the new focus and discussions about offering MLS access to all licensees, due in large part to a series of lawsuits, many associations and MLSs are building out their paths for moving forward to make MLS accessible to all licensees within their state. While many are building pricing strategies that offer MLS services to REALTORS® and licensees either at parity or with a slight member discount to REALTORS®, others are going in the opposite direction.

Some are pricing their Open MLS subscriptions significantly higher than their normal MLS subscription – some as much as double the price, even though the subscription offers the same technology, training, support and data services. Some are requiring extra hours of training to gain access – more than they do for REALTOR subscribers. Some are even going so far as to require non-REALTORS to agree to provide offers of compensation, in complete violation of the terms of the recent NAR Anti-Trust Settlement.

If your organization is considering offering an Open MLS, download the new Best Practices Guide: Avoiding Price Discrimination with Open MLS Subscriptions.

While thinly veiled, many of the non-REALTOR® MLS subscription prices are close to or equal to the same cost of joining both the Association and the MLS.

While I’m not an attorney and cannot determine pricing for you, it just doesn’t smell right to do that. Charging 50%, 75% or even 100% more than a REALTOR® MLS subscription plus heavy set-up fees could be considered discriminatory if the cost of delivering the services is not significantly different.

Delivering the same technologies, support, and training for non-REALTORS does not cost any more than it does for REALTORS so how can an organization justify such dramatic differences in price?

With all the legal and regulatory focus on our industry right now, every organization needs to be sure they can justify the higher costs they are charging to non-REALTORS® with documented evidence of the additional service and support required to avoid the potential of another type of antitrust claims. Today, WAV Group launched its new Best Practices Guide called Avoiding Price Discrimination with Open MLS Subscriptions. This guide is intended to help associations to thoughtfully consider pricing for Open MLS subscriptions.  The guide will help an association quantify what incremental costs are incurred by offering MLS services to all licensees. The paper shows an organization how to audit and document incremental costs incurred, if any, to open the MLS to all licensees.

If your organization needs help crafting a go to market strategy for Open MLS services or would like to conduct a strategic plan to identify the best ways to increase the perceived value of your Association and MLS, we have the experience and insights to guide you. Contact Us to set up a meeting.