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The Real Estate Web Blog
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
          
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