|
The Real Estate Web Blog
Filed under: IDX News
— admin @ 11:11 am
The following Internet Listing Display policy consolidates and replaces both the Virtual Office Website (VOW) and Internet Data Exchange (IDX) policies to create a single, unified policy governing the Internet display of all property information originating from multiple listing services (MLSs) owned and operated by REALTOR® organizations. All REALTOR® MLSs are required to comply with the new policy by July 1, 2006.
Internet Listing Display Policy
I. General Provisions.
1. Associations of REALTORS® and their Multiple Listing Services must enable MLS Participants to display on Participants’ public websites (“Internet Listing Display sitesâ€? or “ILD sitesâ€?) aggregated MLS active listing information, subject to the requirements of state law, regulations and this policy.
1. To comply with this requirement, MLSs must, if requested by a Participant, promptly provide basic “downloading” of all MLS current listing information, including without limitation all non-confidential data fields, listings types, photographs, and any links to virtual tours. For purposes of this policy, “downloading” means electronic transmission of data from MLS servers to Participants’ servers on a persistent or transient basis.
2. Associations and MLSs may also offer, in addition and not in replacement, alternative display options including framing of Board, MLS, or other publicly-accessible sites displaying Participants’ listings (with permission of the framed site). This policy does not require associations or MLSs to establish publicly accessible sites displaying Participants’ listings.
2. MLSs may require that the Participant (1) utilize appropriate security protections, such as firewalls, provided that any security obligations imposed on the Participant may not be greater than those employed concurrently by the MLS, and/or (2) maintain an audit trail of consumer activity on the ILD site and make that information available to the MLS if the MLS has reason to believe that the Participant’s ILD site has caused or permitted a breach in the security of the data or a violation of MLS rules related to use by consumers.
3. Unless state law requires prior written consent, each Participant’s consent for display of that Participant’s listings on the ILD site of other MLS Participants is presumed unless a Participant affirmatively notifies the MLS in writing that it has withdrawn consent to such display (“opt out�).
1. A Participant that opts out may not display on its ILD site(s) (including by framing any other website), if any, the listings of any other MLS Participant provided by the MLS.
2. A Participant that opts out may not permit display of its listings on any ILD site of any other Participant. It may, however, display its listings on public websites of third parties, including but not limited to Realtor.com.
3. A decision to opt out may not be revoked for a period of ninety (90) days from the date the decision becomes effective.
4. An MLS that provides an ILD-specific feed of listings that excludes the listings of Participants that have opted out shall also identify for recipients of the feed those listings provided by Participants who have opted out.
5. Participants operating ILD sites may provide to consumers via other delivery mechanisms, such as email, fax, or otherwise, the listings of Participants who have opted out.
6. Except as provided elsewhere in this policy or elsewhere in the rules or regulations of an MLS, MLS databases of current listing information, or any part of such databases, may not be distributed, provided, or made available to any person or entity.
7. Except as expressly permitted herein, MLSs may not adopt rules or regulations that are inconsistent with these policies.
II. Policies applicable to Participants’ ILD sites
1. Any Participant that wishes to establish an ILD site must notify the MLS of its intention at least 10 days in advance of establishing the site and must make its ILD site directly accessible to the MLS for purposes of monitoring/ensuring compliance with applicable rules and policies.
2. Participants must protect ILD information from misappropriation by employing reasonable efforts to monitor and prevent “scraping� or other unauthorized accessing, reproduction or use of the MLS database.
3. Listings or property addresses of sellers who have affirmatively directed their listing brokers to withhold their listing or property address from display on the Internet shall not be accessible via ILD sites. However, a Participant may display on its ILD site the listing or property address of consenting sellers who have listed their property with the Participant.
4. Participants may exclude listings from display on their ILD sites based only on objective criteria including, but not limited to, factors such as geography, list price, type of property, type of listing, cooperative compensation offered by listing brokers, or Realtor® membership held by the listing broker.
5. Participants must refresh all MLS downloads and refresh all MLS data at least once every seven (7) days.
6. Except as provided elsewhere in this policy or elsewhere in the rules and regulations of an MLS, a Participant operating an ILD site may not distribute, provide, or make any portion of the MLS database available to any person or entity.
7. When displaying listing content, a Participant’s ILD site must clearly identify, in a readily visible color and typeface, the name of the brokerage firm under which it operates.
8. A Participant who has opted out pursuant to this policy shall provide notice to sellers who list with such Participant that, in accordance with the Participant’s decision to opt out, the seller’s property will not be available for display on the ILD sites of any other MLS Participant. Participants shall make such disclosure to sellers and receive confirmation of such disclosure from sellers using a document that conforms to the “Seller Internet Display Choice Form� attached to this policy as Appendix 1.
1. A Participant who has opted out shall obtain the seller’s initials on the “Seller Internet Display Choice Form� prior to entering into a listing agreement with the seller and shall retain such form for at least one year.
2. A Participant who has opted out shall also, using the “Seller Internet Display Choice Form,� provide the seller the opportunity to select to have the listing included among those that Participants operating ILD sites may display. In such cases, the Participant shall notify the MLS at the time it submits the listing that the listing may be displayed on other MLS Participants’ ILD sites. A Participant may decline to accept a listing from a seller who requests that his property be available for display on other MLS Participants’ ILD sites.
9. MLSs may not prohibit or regulate display of advertising or the identification of entities other than the operator of the site on ILD sites (“branding� or “co-branding�), except:
1. to impose the requirements of III. 5 and 6 of this policy, or
2. to prohibit deceptive or misleading advertising or co-branding.
For purposes of this provision, “co-branding� is deceptive or misleading if a reasonable consumer cannot readily determine the identity of the operator of the site
10. Participants may operate more than one ILD site.
11. MLSs may not prohibit Participants from enhancing their ILD sites by providing information obtained from sources other than the MLS or additional technological services such as mapping functionality.
III. Policies Recommended for adoption by Multiple Listing Services to be applicable to Participants’ ILD sites.
The following guidelines for ILD sites are recommended but not required provided, however, that except for III.12, MLSs may impose such requirements only if equivalent requirements are imposed on Participants’ use of MLS listing data via all other delivery mechanisms.
MLSs may:
1. prohibit display of expired, withdrawn, or pending listings, or listings of properties that have been sold by other Participants.
2. prohibit display of confidential information fields intended for cooperating brokers rather than consumers including compensation offered to other MLS Participants, showing instructions, property security information, etc.
3. prohibit display of the type of listing agreement, e.g. exclusive right to sell, exclusive agency, etc.
4. prohibit display of seller’s(s’) and occupant’s(s’) name(s), phone number(s), and e-mail address(es)
5. require that any listing displayed identify the listing firm in a readily visible color and typeface not smaller than the median used in the display of listing data
6. require that the identity of listing agents be displayed
7. require that MLS listing information displayed not be modified. MLS data may be augmented with additional data not otherwise prohibited from display as long as the source of the other data is clearly identified. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized data fields.
8. require that any display of other Participants’ listings indicate the source of the information being displayed, e.g., the MLS.
9. require that listings obtained from sources other than the MLS, e.g., from other MLSs, from non-participating brokers, etc., display the source from which each such listing was obtained
10. require Participants to indicate on their websites that the information being provided is for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties that consumers may be interested in purchasing
11. establish reasonable limits on the amount of data/number of listings that consumers may retrieve, download, or be provided in response to an inquiry, but in no event may the limit be fewer than 50 listings.
12. limit the right to display other Participants’ listings to a Participant’s office(s) holding participatory rights in the same MLS
13. require a notice on all MLS data displayed indicating that the data is deemed reliable but is not guaranteed accurate by the MLS. Participants’ ILD sites may also include other disclaimers necessary to protect the Participant and/or the MLS from liability.
IV. Additional optional policies
1. MLSs may, but are not required to, limit the right to operate an ILD site to MLS Participants licensed as real estate brokers.
2. MLSs may, but are not required to, allow non-principal brokers and sales licensees affiliated with MLS Participants to operate their own ILD sites. ILD sites operated by non-principal brokers and sales licensees affiliated with MLS Participants are subject to the Participants’ consent and control and the requirements of state law and/or regulation.
3. MLSs may not prohibit Participants from downloading and displaying or framing listings obtained from other sources, e.g., other MLSs or from brokers not participating in that MLS, etc., but may, as a matter of local option, require that an ILD site be searched separately from listings obtained from other sources, including other MLSs.
4. MLSs may,as a matter of local option, charge the costs of adding or enhancing their “downloading� capacity to Participants who will download listing information. Assessment of such costs must reasonably relate to the actual costs incurred by the MLS.
Effective Date: This policy shall become effective on August 31, 2005. MLSs shall have until July 1, 2006 to adopt and implement it. Participants shall have not later than ninety days following adoption of this policy by an MLS in which they participate to cause their Internet display of MLS listings to comply with such MLS policy.
Appendix 1:
SELLER INTERNET DISPLAY CHOICE FORM
1. I have been advised by [Participant] that, if I select him or her to represent me in the sale of my property, my listing will not be displayed to buyers searching for properties on Internet websites operated by other brokers in my community.
____________
initials of seller
2. I have been advised by [Participant] that I can choose to include my property among those that may be displayed to buyers searching for properties on Internet websites operated by other brokers in my community.
____________
initials of seller
3. Seller should circle one of the following:
a. I choose to have information about my property be available for display on other brokers’ Internet websites.
or
b. I choose not to have information about my property be available for display on other brokers’ Internet websites.
Source: National Association of Realtors(R)
Sphere: Related Content
          
Comments (1)
Filed under: IDX News
— admin @ 10:13 am
The National Association of Realtors(r) announced today it has adopted a new policy that ensures that all members of Realtor(r) multiple listing services will receive exactly the same MLS property listings for display on their Web sites as their competitors.
The policy will bring consumers more points of access to real estate information from multiple listing services than they have ever had before, NAR said.
“For consumers, whether they are home buyers or sellers, this new policy is a win-win. Buyers will be able to find all the listings available for public display on the Web site of the broker of their choice and sellers will be able to work with the listing broker of their choice. The policy treats all MLS members equally yet respects the rights of property owners and their listing brokers to market a property as they see fit. This response to the Department of Justice’s concerns has resulted in a better policy for all concerned,” said NAR President Al Mansell of Salt Lake City.
Under the new policy, listing brokers will not be allowed to restrict the display of their listings on selected competitors’ Web sites, as they were under the controversial provision known as “selective opt-out” contained in NAR’s now-defunct Virtual Office Website (VOW) policy.
“The policy does not discriminate against any brokerage model, including discount brokers,” said Mansell.
Known as Internet Listing Display (ILD), the new policy consolidates and replaces both the VOW policy and NAR’s Internet Data Exchange (IDX) policy to create a single, unified policy governing the Internet display of all property information originating from the more than 800 multiple listing services owned and operated by Realtor(r) organizations. All Realtors(r) MLSs will be required to comply with the new policy by July 1, 2006.
All MLS property listing data available for display will automatically be available to all MLS members unless a member notifies the MLS in advance that he or she does not want to participate in Internet Listing Display. In that case, none of the listings he or she enters into the MLS will be available for display on other brokers’ Web sites nor will he or she be allowed to display other brokers’ listings on his or her own Web site. A broker who has elected to “opt out” may not reverse that decision for 90 days. This provision, known as “blanket opt-out,” is included in the IDX policy and has been in force by hundreds of MLSs for three and a half years. It has been widely accepted by the industry and very few brokers have chosen to opt out.
The new ILD policy contains an entirely new feature that allows brokers who have opted out of displaying their listings on competitors’ Web sites the opportunity to make an exception at the direction of a particular seller who wants to have his or her property displayed on the Web sites of all other members of the MLS.
The VOW policy was enacted in 2003 but became the subject of an ongoing antitrust investigation by the Department of Justice, which caused NAR to postpone repeatedly its mandatory adoption date. Mansell said the new policy results in part from the discussions NAR has held with the Justice Department over the past four months. NAR shared the new policy with government attorneys before making it public. “We trust that they will agree with us that the ILD policy is fair and pro-competitive. NAR believes the new policy serves the interests of consumers, Realtors(r) and MLSs, and addresses the concerns expressed by the Department of Justice,” he said.
The establishment of a single policy governing brokers’ display of all MLS data on the Internet will also make it easier for MLSs and the real estate industry to comply, Mansell said. The IDX policy, which has been in force since January 1, 2002, authorized participating real estate brokers to advertise on their public Web sites the same MLS information on local properties accessible by consumers on the sites of national aggregators like Realtor.com. The VOW policy was developed later and enacted in May 2003, but mandatory implementation by MLSs was delayed due to the Justice Department investigation. It addressed issues specific to VOW sites, which may deliver more detailed information about listings and which require visitors to register by entering an e-mail address and receive a password prior to accessing MLS listing data.
The National Association of Realtors(r), “The Voice for Real Estate,” is America’s largest trade association, representing more than 1 million members involved in all aspects of the residential and commercial real estate industries.
Information about NAR is available at http://www.realtor.org. This and other news releases are posted in the Web site’s “News Media” section in the NAR Media Center.
——
REALTOR(r) is a registered collective membership mark which may be used only by real estate professionals who are members of the NATIONAL ASSOCIATION OF REALTORS and subscribe to its strict Code of Ethics.
Sphere: Related Content
Comments (0)
Filed under: VOW News
, IDX News
— admin @ 10:23 am
A revised IDX policy will serve as the foundation for NAR’s continuing discussions with the U.S. Department of Justice.
To resolve a 20-month dispute with the U.S. Department of Justice over certain elements of its Virtual office Web site (VOW) policy, the NATIONAL ASSOCIATION OF REALTORS took initiative and authorized its leadership to develop a single, uniform policy governing the display of all Multiple Listing Service data on Web sites.
NAR has postponed the implementation of its existing VOW policy until Jan. 1, 2006, to allow time to develop the new policy.
NAR’s VOW policy, adopted in 2003, is based on the premise that real estate brokerage can be conducted online. It regulates the display of listing data on a Virtual office Web site, which typically provides more detailed property information and requires consumers to register, disclose certain information about themselves, and agree to terms of use.
NAR’s Internet Data Exchange (IDX) policy, adopted in 2000, governs the advertising display of abbreviated listing data on MLS participants’ sites. Today, IDX displays of listings are the dominant method through which brokers share their listings with one another over the Internet.
New Policy Merges Key Provisions
NAR General Counsel Laurie Janik says that an enhanced IDX policy that incorporates key aspects of the VOW policy would serve as the foundation for continuing negotiations with the Department of Justice.
Janik spoke to NAR Multiple Listing Issues & Policies Committee on this issue during the the 2005 REALTORS Midyear Legislative Meetings & Trade Expo, which was held May 9-14 in Washington, D.C.
Janik met with DOJ officials May 11 as part of the ongoing investigation. The meeting was preceded by a flurry of media attention that speculated the DOJ was prepared this week to sue NAR for antitrust violations over aspects of its VOW policy.
Contrary to the media reports, Janik said she was told by DOJ officials that a lawsuit against NAR has not been authorized yet by the department, and negotiations will continue. “We are exploring with the DOJ the concept of blending the IDX and VOW policies into one that would govern all internet display of listings,” Janik said.
Enhancements to the IDX policy, which require brokers to update listing data weekly and employ appropriate data security procedures, among other things, were approved Thursday by the Multiple Listing Issues & Policies Committee, but are still subject to approval by NAR’s Board of Directors on Saturday.
No More Selective Opt-out
The enhanced IDX policy retains an opt-out, but not a selective opt-out, provision. It allows brokers to choose not to have their listing data displayed on all competitors’ Web sites, but it does not allow brokers to select which competitors’ to not participate with, as the VOW policy had provided.
NAR and the DOJ will discuss other policy modifications that could be added to the enhanced IDX policy. That includes the “clean page” provision, which prohibits advertising around the display of another broker’s listings online, and the referral fee provision, which prohibits brokers from operating a VOW primarily to obtain referral fees.
The Multiple Listing Issues & Policies Committee also authorized NAR’s leadership team to negotiate with the DOJ on listing display policy modifications in the interest of expediency. “It is in NAR’s best interest to reach agreement with the DOJ as soon as possible,” said Janik.
–NAR
Sphere: Related Content
Comments (0)
Tags:
idx, vow, real estate websites, real estate website design, real estate web design, real estate marketing, google maps, yahoo maps, web design guide, web design, web colors, virtual office websites, tutorial, realtors, real estate web 20, real estate web, real estate mapping, real estate blogsites, real estate, property search, personal branding, palm, nar, mls, mashups, mapplets, mapping, map search, iphone, internet data exchange, inspiration, digital photos, colors, color scheme, casual friday
|
