Can MLS participant use or share their MLS data or data feeds to maintain a platform for offers of compensation?

This is where things get interesting. Since the MLS has to be completely removed from anything as it relates to compensation agreements, agents are NOT allowed to use MLS data within a platform or database where agents are sharing compensation from multiple brokers to buyer brokers or other buyer representatives.

How is REA Rates compliant with this?

This is the question that agents like you definitely need to have answered. REA Rates understands the guidelines and has talked with attorneys and brokers about what is constituted as MLS data. Since REA Rates is ONLY using the address of the listing, the platform is in compliance as NO MLS data is being added or shared within the portal. In addition to the address, REA Rates shares the following information:

• Compensation Rate: This field allows agents to share either a percentage or indicate if it is Flat Rate or something else.
• Cooperative Compensation Agreement: This field allows for agents to upload the signed PDF that shares with the buyer's agents what the seller has agreed to pay to a buyer's agent upon sale of the listing. This allows for complete transparency as required by the National Association of Realtors and it is suggested all agents make sure the most recent version is live in their account.
• Image of Property (Optional): Upload an image to the portal and since the image gets uploaded directly to REA Rates, it is not MLS data or linked to the MLS.
• Public Link to Listing (Optional): If you have a link that is not a MLS link to the property, you are welcome to share that link so users can click on it to see all the details about the listing.

Since no MLS data is part of the platform and REA Rates is not required for agents to use, the platform remains compliant with the current guidelines as outlined through the National Association of Realtors.

To review how REA Rates came to this conclusion, read the other questions on this page and review the wording of the answer to Question #43 on the NAR Settlement FAQs page.