Open MLS - Promoted by San Francisco Lawyer David Barry and Cronies
Posted Dec 13, 2007 @ 8:48 pm, Viewed by 990 Visitors, Read 1022 Times.San Francisco based attorney David Barry who is known for suing Realtor® Associations and MLS's across the country and his organization the Open MLS Institute is funded in part by companies who want to be able to use copyrighted information that belongs to brokerages (real estate listings) and use that information on their own web sites. Some of the funding comes from companies like Redfin, Trust MLS, Catalyst Homes, e-ListState.com, Voyager 360 and Artie Gilad from right here in Eugene, Oregon. Looking at the list above should be a reason enough to make sure this doesn't go through.
In Oregon all Realtors® are currently being assessed $100.00 each to help fight the Open MLS. I would be willing to pay ten times that amount. I hope other states are fighting this initiative as well.
If you look at their website the openmlsinstitute dot org one of the comments they make is that “we're committed to combating longstanding policies both formal and informal that unfairly and unethically obstruct these innovators”. It seems like they feel they have every right to have free use of all real estate brokerages listings. They state that by spearheading MLS reform that among other things they seek to put an end to such unethical practices as steering, spooking, pocket listings, and withholding purchase offers that have long prevailed in the real estate industry. In my opinion the last thing we need is these opportunists trying to reinvent the wheel. NAR already has a code of ethics, and these phony goals of this institute are completely transparent. What people like this would really like is to turn Realtors® into minimum wage employees of large online corporations. This has nothing to do with ethics in the real estate industry; it has everything to do with large online corporations manipulating the real estate industry for their own financial gain.
They would like you to believe that their way is the only way to see MLS listings online. The real estate industry does not need corporations like this taking our listings and putting them online. You can search any city in the country through a search engine to find all the listings on any Realtors® web site. In doing so you'll also find Realtors® that know the market and can actually help people buy and sell real estate. The local agent will also be able to get you any disclosures that you will require and provide you with local information that you may need.
Right now the state of Maine has an act to establish the Maine Public Real Estate Listing Service. I hope everybody in the state of Maine realizes the importance of defeating this measure. If this passes it in Maine it will spread to other states.
This is critical to our industry to fight this initiative. I hope that agents reading this will link to this article and spread the word far and wide that this would not benefit the public but would only line the pockets of people like San Francisco lawyer David Barry.
Since we don't have our voting polls up yet here on the Blogs I would like to see everyone post their opinions in the comments section. Again I encourage everyone to link to this article, write their own Blogs and let's get the word out just how bad this would be for our industry. We especially need to get the word out in the state of Maine right now.
Post by Eugene Oregon Real Estate Broker Dennis Pease
8 Responses to Open MLS - Promoted by San Francisco Lawyer David Barry and Cronies
Nice Article Dennis, especially in providing the information of companies funding this. It has nothing to do with providing more exposure, it has to do with companies looking to take a bunch of information and resources funded by somebody else (real estate agents) for their financial interests. There is absolutely nothing stopping them to create their own MLS and changing the world of real estate if that is their real intention but it would take far too long for them to turn a profit. The evolution of the MLS has taken years of time, money and ethics to build as a viable source of reliable information to be provided to the consumer by professionals. There is nothing stopping them to build their own "Open MLS" if that is truly their real intention. More exposure to sellers? I certainly have no problem finding real estate for sale in another state and no problem finding a "low fee" real estate broker if I need to sell it. Those are simply excuses for a shortcut to profits for companies funded by millions of dollars in venture capital.
Don't we live in a capitalist economy? ("excuses for a shortcut to profits for companies funded by millions of dollars in venture capital.")... Companies will only make profits if they truly provide something of value to the consumer. If at the same time a company makes a profit, they deservedly should. Big online real estate companies can never replace the real person buyers need to find, who are experts in their local area.
Great post Dennis, Yes another group trying to make lots of money for a very few people by putting thousands of hard working people out of business. David Barry and his Open MLS Institute should be the target of the DOJ as it is people like these who are the real crooks. Jim
Choice, Do you really think this will bring you more exposure for your listings. Type into a search engine your city real estate and there is plenty of exposure. That is why most of us are at REW, to become better at internet real estate marketing and marketing ourselves. Open MLS will NOT be better for anyone except Barry and his cronies. Every state has very different real estate laws and the MLS should each be done at the state level. One of the problems in our capitalist society and politics is that people like this twist things around to make uninformed citizens think their agenda is what is best for them. Barry would like you to think that Realtors® are untrustworthy crooks and that by voting in his Open MLS he will fix all the problems in the real estate industry. So then the uninformed voter supports a measure like the one they are trying to pass in Maine only to everyones detriment.
Of course we live in a capitalist economy and that's the beauty of them having the ability to start their own system to profit from. Nothing is stopping them from creating their own open MLS if that is REALLY their true intention. I've never seen anything that says somebody can not create a new system if they so choose. Let them invest their own time and money in creating that system and if it works, good for them. Their is nothing in the two states that I'm licensed in that says somebody can't create their own MLS system and I suspect no other state real estate laws do either. Loopnet and Propertyline created their own system for commercial real estate and it works just great and I love it. You don't have to be a member of the MLS or Association to use it and if you use the MLS for commercial real estate, then you are missing out big time. In fact, it's a secondary choice if you ask me Google certainly does not have to share their Algorithm. A new search engine has to come up with their own and if it's better, good for them. That's the true meaning of Capitalism. Socialism is when everybody has to share something no matter who put all the time, money work into it. More exposure for listings? Do I need to put ten for sale signs in front of a house for more exposure? Do you really think I can't find the necessary information about a house such as price that is for sale in another city? Current MLS systems are so effective because it's taken years of time, money and ethics to develop. It would take an incredible amount of time and money to create something better - something that the companies listed above KNOW. Their arguments are merely negotiation tactics to get what they want. If you can't realize that, you would never be my negotiator for a piece of real estate.
Perhaps Redfin, Trust MLS, Catalyst Homes, e-ListState.com, Voyager 360 and Artie Gilad should open up their private proprietary database of buyers that they will compile with their capital and labor to us Realtors for free to use as we want. Perhaps all private databases should be opened to the public. Maybe since they have no concept of ownership of the data these persons feel that there is no need for Trademarks and Copywrights either. Perhaps we should all feel free to utilize their proprietary data, Trademarks, and Copywrights - after all we are the public and it would be for the public good no matter the time, money, and effort invested by themselves in their livlihood. Maybe Google can be forced to open up their database of algos for the benefit of the public at large. Maybe all of the oil field service companies should open up their three dimensional databases of underground formations so we can all go about staking claims in the most promising areas - why should we have to compile our own data to find our own vast personal oilfield when these companies ultimately serve the public at large in the end. Isn't it a disservice to the general public for them to keep all of this valuable data to themselves. Hell, lets just take the profit incentive away from everyone and see if we can become as unproductive and inefficient as the old Soviet Commune models were when people were starving to death in the Bread Basket of Europe from lack of profit motive.
Good points 61. For those that have not done it yet, I suggest you read through the openmlsinstitute dot com website and if you support the views here please link to this blog, lets get it to outrank open mls. As of right now on Google for the search term open mls institute this blog ranks #7, open mls ranks #13 & 14 and open mls david barry #3. Ranking higher would help spread the word, in addition I would encourage others to blog about this as well. I believe all Realtors® should realize what this would do to our industry and what David Barry actually thinks of Realtors®. He likes to paint the picture of how unethical and dishonest we are, and how he will fix it all (while lining his pockets). Oh yea, he also sued NAR claiming that Realtor® is a generic word and that members of NAR should not be able to use it exclusively. This guy is off his rocker, on his website under "Why Ethics Matter" he has "Ethics Institute Quiz", #5 he asks: Do you agree to forward all of your listings (except those where the owner has directed you in writing not to do so) every 24 hours to an open MLS so that such open MLS may collate and republish the listings without restriction? I guess to him we are not being ethical if we don't add our listings to his Open MLS, I suppose that would also mean that it is unethical if we don't add our listings to Trulia, Zillow, Google Base and any other wanabe MLS outlet there is. Although it appears that he is only interested in making money and not protecting the public or standing up for real estate agents as he would have you believe since he doesn't mention adding your listings to these other outlets in his Ethics Quiz.
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Real Estate Broker Dennis Pease sells Florence Oregon Real Estate and as Broker with RE/MAX Integrity in Eugene Oregon has Created one of the most Advanced, Consumer Friendly and Interactive Real Estate Websites in Oregon. Read More
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Great article, Dennis. I personally am ok with more exposure to my listings this will bring. There are people who are going to do everything online and barely need the services of Agent anyways, and they should pay much less. There will always be plenty of buyers who need full service Agents like your company and mine provide and in turn we will get compensated the due 3% or so... I think a few different business models work well in this industry and each fits a certain type of consumer.