CHANGES COMING TO THE CODE OF ETHICS & MLS RULES IN 2026

Posted December 5, 2025

As a result of the National Association of REALTORS® Board of Directors and Delegate Body meetings at NAR NXT in November 2025, board members approved various recommendations. Of note – there will be changes coming to the NAR Code of Ethics and the MLS Rules in January of 2026. Below is a summary of those key changes.

CHANGES TO THE CODE OF ETHICS – JANUARY 1, 2026

The following changes will take effect on January 1, 2026. As soon as NAR updates the Code of Ethics on their website, MIAMI REALTORS® will let you know.

• • • Amended Article 7
      • Clarifies that there is no obligation to disclose the contents of a buyer-broker agreement to sellers or their brokers.

• • • Deleted Standard of Practice 3-4
      • The SOP’s requirement to disclose a variable rate commission was tied to offers of compensation in the MLS.
      • There is no compensation in the MLS. The SOP was deleted to align with changes required by the NAR settlement agreement.

• • • Updated Standard of Practice 17-4
      • Compensation awarded in arbitration may not exceed the amount in the written buyer agreement.

UPDATES TO THE MLS RULES – EARLY 2026

NAR also approved updates to the NAR Handbook on Multiple Listing Policy (“MLS Handbook”) during NAR NXT in November 2025. Below is a summary of those updates, which will take effect on January 1, 2026. MIAMI REALTORS® will announce when and how its MLS Rules are updated in early 2026.

• Policy Statements 7.25, 7.55, and 7.7
  • What was this? When individuals would request access to the MLS without REALTOR® membership, NAR provided a procedure for that (except for those MLSs and REALTOR® associations in Florida, Georgia, Alabama, and California).
  • How does this impact MIAMI REALTORS®? Nothing changes for MIAMI REALTORS®. Since 1991, Florida, Georgia, and Alabama have allowed non-REALTOR® members access to the MLS (also known as “Thompson Brokers”). This was because of the decision in the case Thompson v. Metropolitan Multi-List, Inc., 934 F.2d. 1566, 1580 (11th Cir. 1991).
  • How does this impact the industry? Other REALTOR® associations will continue to make unilateral and independent business decisions about whether they permit non-REALTOR® members access to the MLS. Note that since 1976, California has also allowed non-REALTOR® members access to the MLS as “Palsson Brokers” because of the court case, Marin County Board of Realtors, Inc. v. Palsson, 16 Cal. 3d 920, 549 P.2d 833, 130 Cal. Rptr. 1 (1976). This is not a new concept.
• Policy Statement 7.26
  • What was this? Orientation was required for access to a commercial MLS.
  • How does this impact MIAMI REALTORS®? This is under review by MIAMI REALTORS®.
• Policy Statement 7.38 and 7.92
  • What was this? Orientation was required for participation in the MLS, with or without REALTOR® membership.
  • How does this impact MIAMI REALTORS®? These are under review by MIAMI REALTORS®.
• Policy Statement 7.54
  • What was this? Names of MLSs should relate to the area served.
  • How does this impact MIAMI REALTORS®? No changes.
• Policy Statement 7.42
  • What was this? This statement dealt with the service areas of multiple listing services, which were not limited to the jurisdiction of the parent REALTOR® associations; NAR encouraged associations to establish MLSs that encompassed natural market areas.
  • How does this impact MIAMI REALTORS®? No changes.
• Policy Statements 7.19 and 7.20
  • What was this? Addressed agreements and cooperative ventures between MLSs (7.19) and other types of agreements, like regionalization agreements and cooperative relationships (7.20).
  • How does this impact MIAMI REALTORS®? No changes.
• Policy Statement 7.87
  • What was this? Transmittal of listings to aggregators.
  • How does this impact MIAMI REALTORS®? No changes. This clarifies that policies around transmitting MLS listing data to third-party aggregators or displaying it on public websites are local decisions, not NAR’s.
• Policy Statement 7.47
  • What was this? Centralized key repositories.
  • How does this impact MIAMI REALTORS®? No changes.
• Policy Statement 7.62
  • What was this? Except where required by law, NAR did not permit open listings in the MLS.
  • How does this impact MIAMI REALTORS®? This is under review by MIAMI REALTORS®. Currently, open listings are not permitted in the MIAMI REALTORS® MLS.
• Policy Statements 7.71 and 7.73
  • What was this? This dealt with the presentation of offers for listing brokers (7.71) and cooperating brokers (7.73), consistent with the Code of Ethics Standard of Practice 1-6.
  • How does this impact MIAMI REALTORS®? No changes. This can continue to be enforced through the NAR Code of Ethics Standard of Practice 1-6: REALTORS® shall submit offers and counter-offers objectively and as quickly as possible.
• Policy Statement 7.89
  • What was this? Fines for MLS violations were limited to $15,000.
  • How does this impact MIAMI REALTORS®? This is under review by MIAMI REALTORS®.
• Section 5
  • What was this? Disciplinary guidelines for MLS violations.
  • How does this impact MIAMI REALTORS®? Disciplinary guidelines were repealed. Each MLS is to determine the disciplinary actions and fine amounts that are reasonable and appropriate for their marketplace. This is under review by MIAMI REALTORS®.
• Policy Statement 7.58
  • What was this? There was an optional provision regarding IDX displays for non-member brokers or firms.
  • How does this impact MIAMI REALTORS®? No changes.

RESOURCES:

• NAR’s Special Report from the November 17, 2025, Board of Directors Meeting
• NAR’s MLS Policy Risk Assessment PAG Recommendations
• NAR’s FAQ: Local REALTOR® Associations and MLS Access
• MIAMI REALTORS®’ MLS Rules

QUESTIONS?

Contact the MLS and Legal Departments at legal@miamire.com for any questions or concerns.

DISCLAIMER:

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