Update to Compensation Fields
On October 31, 2023, the compensation fields within the CHS MLS Flexmls database will be updated to allow for any amount in a listing's cooperative compensation. You have always been able to enter any amount from one cent and up, as the MLS cannot fix, control, recommend, suggest or maintain the division of commissions or fees between cooperating participants or between participants and non-participants.
This change merely allows for more flexibility and aligns with many pro-competitive and transparency-enhancing changes happening in our industry. The legal environment is very dynamic, with several high-profile cases centering around buyers’ agent compensation and concerns over related requirements.
Closely following changes and impacts stemming from current industry litigation, the CHS MLS Board of Directors has determined that allowing users to enter any amount (including $0 or 0%) in the compensation fields was the best change moving forward and in line with recent policy statements from the National Association of REALTORS.
As always, we recommend that you discuss concerns with your Broker-in-Charge. There may be brokerage-level policies that can guide you further. And, please remember that compensation is always negotiable between the buyer and seller.