Why Can't I Search or Filter By BAC?

Why Can't I Search or Filter By BAC?

Searching, filtering, and sorting by compensation (BAC) violates the policy prescribed in our BLC Rules & Regulations.  

 Section 12.3 Non-filtering of Listings BLC participants and subscribers must not, and the BLC must not enable the ability to, filter out or restrict BLC listings that are searchable by and displayed to consumers based on the level of compensation offered to the cooperating broker or the name of a brokerage or agent. (Adopted 7/22)(Adopted by NAR 11/21)   

 *It is intended that the Participant be permitted to provide prospective purchasers with listing data relating to properties which the prospective purchaser has a bona fide interest in purchasing or in which the Participant is seeking to promote interest.  The term reasonable, as used herein, should therefore be construed to permit only limited reproduction of property listing data intended to facilitate the prospective purchaser's decision-making process in the consideration of a purchase.  Factors which shall be considered in deciding whether the reproductions made are consistent with this intent and thus reasonable in number, shall include, but are not limited to, the total number of listings in the Broker Listing Cooperative® listing service compilation, how closely the types of properties contained in such listings accord with the prospective purchaser's expressed desires and ability to purchase, whether the reproductions were made on a selective basis, and whether the type of properties contained in the property listing data is consistent with a normal itinerary of properties which would be shown to the prospective purchaser. 

This is also a violation of the Code of Ethics per the language used in Articles 1 and 3
Article 1
“When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly.”

 Selecting listings based on their BAC does not promote and protect the best interests of the client. Choosing which properties to show based on the BAC could expose a REALTOR® to an ethics complaint.

 Article 3

“REALTORS® shall cooperate with other brokers except when cooperation is not in the client’s best interest. The obligation to cooperate does not include the obligation to share commissions, fees, or to otherwise compensate another broker.”

Choosing to show listings based on the BAC results is not cooperating with all REALTORS®.  Choosing which properties to show based on BAC could expose a REALTOR® to a Code of Ethics complaint.


Please see MIBOR's Antitrust Statement listed below for additional reading:


 


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