The Arizona REALTORS® is receiving calls from individuals with questions about the MLS Choice program offered by the Phoenix REALTORS®. Many of these callers express confusion and uncertainty as to whether they remain REALTORS® if they choose to participate in MLS Choice and whether they will receive REALTOR® benefits and services. Below are the top ten frequently asked questions the Arizona REALTORS® receives in this regard along with corresponding answers.

Q1. As an MLS Choice participant, will I be a REALTOR®?

A1. No. Although the Phoenix REALTORS® incorrectly refers to MLS Choice as an MLS only form of “membership”, it is not. Choosing to be an MLS Choice participant does not make you a REALTOR®. Therefore, if you choose to join MLS Choice, you are not a member of any REALTOR® association, meaning that you are not a member of the Arizona Association of REALTORS®.

Q2. If I join MLS Choice, will I have the right to identify myself as a REALTOR® on my business card, signage, marketing materials, etc.?

A2. No. Doing so will constitute a violation of the REALTOR® trademark. You will therefore need to order new business cards, signage, marketing materials, etc. without the REALTOR® mark featured.

Q3. If I join MLS Choice, will I have the right to use and display any REALTOR® designations that I have earned such as ABR, GRI, CRS, etc.?

A3. No. Doing so will constitute a trademark violation, meaning that any current marketing that includes REALTOR® designations would need to be revised.

Q4. If I join MLS Choice, will I have the right to use Arizona REALTORS® forms?

A4. No. Doing so will constitute a violation of federal copyright law and subject you and your brokerage to liability for copyright infringement.

Q5. If I join MLS Choice, will I have the right to generate Arizona REALTORS® forms if I am in a transaction in which there is a REALTOR® representing the party on the other side of the transaction?

A5. No. Doing so will constitute a violation of federal copyright law and subject you and your brokerage to liability for copyright infringement.

Q6. If I join MLS Choice, will I have the right to use Transaction Desk, Authentisign, or Breeze as a member benefit?

A6. No. However, those services can be purchased directly from the vendors. Transaction Desk by Lone Wolf currently charges $399.00 annually. An Authentisign plan can be purchased for $129.00 a year. Breeze can also be purchased separately, but MLS Choice members will not be able to use the platform to complete any Arizona REALTORS® disclosure forms as they lack the legal right to use those forms.

Q7. If I join MLS Choice, will my broker and their designated representative have access to the Arizona REALTORS® Legal Hotline that is open Monday through Friday from 9:30 a.m. to noon and 2:00 p.m. to 4:00 p.m.? Will I have access to the legal hotline’s list of published legal hotline questions and answers?

A7. No. The Arizona REALTORS® Legal Hotline is a member benefit and MLS Choice participants will not have access to the Arizona REALTORS® website.

Q8. If I join MLS Choice, will I receive Arizona REALTORS® publications such as the Voice, Broker/Manager Quarterly, etc.?

A8. No.

Q9. If I join MLS Choice, will I have the right to initiate mediation and arbitration free of cost at the Arizona REALTORS® if I’m in a commission dispute?

A9. No. Mediation and arbitration of contractual or specific non-contractual disputes regarding compensation constitute REALTOR® obligations pursuant to Article 17 of the Code of Ethics. Since MLS Choice participants are not REALTORS®, they lack the ability to initiate mediation and arbitration of commission disputes at the state association. They can, however, initiate litigation in a court of law to pursue compensation and retain legal counsel at their own expense should they choose to do so.

Q10. If I join MLS Choice, will I have the right to access the Arizona REALTORS® Legal Assistance Fund?

A10. No.