The Open MLS movement isn’t slowing down—it’s accelerating. As of this month, MLSs representing over 941,000 REALTORS® now offer Open MLS subscriptions, up from 888,000 just last month. This rapid growth signals a powerful shift in the real estate landscape and possibly a wake-up call top MLSs still operating under restrictive access policies.
This movement is consistent with NAR’s recommendation in September 2024 which stated: More MLSs are opening their platforms to licensed real estate professionals who are not REALTORS®, creating new revenue streams, reducing legal risk, and helping brokers navigate a dramatically changing industry.
If Your MLS Isn’t Talking About Open Access—It Should Be
Legal and business pressures are mounting fast, and standing still could be the biggest risk of all. Here’s why:
1 Lawsuits Are Already Hitting Home
Four active lawsuits are underway, filed by brokers against their own local, state and national REALTOR® associations and MLSs. All of these suits challenge the requirement to join a real estate association to access MLS technology and market data. These lawsuits are not hypothetical. They are real, active, and gaining attention.
Don’t wait for a lawsuit to show up in your inbox. The legal foundation of tied access is being cracked open—and plaintiffs are targeting the organizations that didn’t adapt fast enough.
2, Support the $2 Billion Club Brokers Are Reshaping the Rules
Brokerages representing over 650,000 agents have made it clear: they will not require NAR membership as a condition of employment, largely due to antitrust settlements and legal exposure. When agents opt out of NAR, brokers are left in a bind—especially if their local MLS requires REALTOR® membership. There’s a very real risk that this friction point may push some brokers away from NAR membership altogether.
3. Open access isn’t just about risk mitigation—it can be a revenue growth strategy too.
Today, there are over 2 million active real estate licensees in the U.S.—but only around 1.5 million are REALTORS®. That leaves more than 500,000 licensed professionals or more than ¼ of all licensees operating outside the REALTOR® system. Converting just 1% of those non-REALTOR® licensees into paying MLS subscribers could generate millions in new recurring revenue AND open more inventory opportunities for real estate consumers.
Open MLS Panel Discussion on June 12 – What We’ve Learned from Years of Open MLS Operations
The Time to Act Is Now
If your MLS hasn’t already begun discussing Open MLS subscriptions, you’re not just behind the trend; you’re putting your organization at risk.
WAV Group has helped MLSs across the country explore the transition to Open Access models that are legally sound, financially smart, and operationally seamless.
We’ll help your leadership team navigate the risks and rewards, assess market demand, and build a strategy that works for your members and your future. WAV Group has already helped MLSs representing hundreds of thousands of agents build well-informed recommendations using WAV Group nationwide proprietary research studies. Each of the presentations is localized using a copyrighted Open MLS audit for identifying competitive risk, potential large broker dissent and upside opportunity.
Richard Gibbens, CEO Bluegrass REALTORS:
“Marilyn recently presented about Open MLS at our leadership retreat. She received rave reviews from our directors on the information provided, how it was presented, and her candor during the conversation. She also helped facilitate a panel of folks who provided even more great input. Everyone left the meeting feeling informed and equipped, so mission accomplished!”
If you would like to read more WAV Group’s Open MLS Authority, see some of our recent articles on the topic:
Is NAR Membership Declining Because of Open MLS?
How Much Revenue Can Your MLS Derive from an Open MLS?
Does an Open MLS Really Lead to Association Membership Loss?
→ Fill out the form below to schedule a private, localized Open MLS strategy session for your organization.
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