Section 6.1.3: Revocation of Waiver

The fee waiver for a licensee may be revoked under various circumstances, and the consequences of the revocation vary depending on its circumstances, as provided in this section.

A)  The Participant or fee-waived licensee may revoke the waiver at any time upon notice to the Shareholder or subscriber association. In that case, the fee-waived licensee immediately becomes a subscriber and any fees due to Shareholder or subscriber association under its normal fee schedule for the current period for the subscriber (including pro-rata fees for any partial service period and any application fees if none have previously been paid for the subscriber) shall immediately become due and payable. In the event a fee-waived licensee appears as a listing agent on an active or pending listing in this MLS, the Participant and fee-waived licensee shall be deemed to have revoked the waiver under this subsection (a).

B)  If this MLS or the Shareholder or subscriber association determines that the fee-waived licensee has used any of the services of this MLS listed in Section 6.1.1(b) during a fee-waiver period, MLS, or the applicable Shareholder or subscriber association, may terminate the fee waiver upon notice to the Participant and licensee. In this case, the consequences of subsection (a) apply, and in addition to them, the Shareholder or subscriber association may recover from participant or subscriber (i) all the fees that the Shareholder or subscriber association would have collected had the fee-waived licensee been a subscriber during the entire period of the waiver, and (ii) a fine of $1000.00. After six months, the Participant and subscriber can re-certify the subscriber to be a fee-waived licensee.

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