NWMLS (North West MLS) Threatens fines to its own realtors
Posted 4 years ago (August 30th, 2006)
There is a very intersting debate going on regarding a realtors right to use the phrase "MLS" on their website or in their marketing.
Basically the discussion came about because a member of real estate webmasters who is also a realtor for John L Scott in Washington received an email from the NWMLS (North West MLS) threatening to fine him for using the phrase "Seattle MLS" in his description for his website posted here at REW. The gist of the description went like this:
"At my website you can search all active listings on the Seattle MLS"
You can read about the backlash this has caused at this thread:
http://www.realestatewebmasters.com/thread9678.html
My stance on this is that first a foremost, the NWMLS does not own the trademark or have a copyright on the acronym "MLS" nor do they have any claim on "Seattle MLS" as such they are in no legal position to start telling websites not associated with their members (Websites like mine) that I cannot use the phrase "Seattle MLS" - so come and get me NWMLS, I will post that phrase on my website all I want, and there isn't a damn thing you can do about it.
Second of all - in defense of the agent / REW member - I feel he should be able to say "Search the active listings on the Seattle MLS" because he is trying to capture search engine traffic that is relevant to his business and is a benefit to him, his broker AND NWMLS, I mean who do they think pays thier bills? Not only should he be able to optimize for the Phrase "Seattle MLS" because it is a benefit to all parties involved, he should also be able to because it is my opinion that when a user types in "Seattle MLS" they are actually looking for websites that display active homes for sale in Seattle, which is exactly what this agents website does.
The counter argument from the board is that the agent is decieving visitors by using the phrase MLS because NWMLS's definition of the "Seattle MLS" is the entire system used to store and distribute board data including active listings, solds, expired's and much more - so to say MLS is to deceive the user:
CMON NWMLS! - The only people that have that definition of MLS are board members, brokers and realtors. To the general public MLS is that thing they go to in order to search available inventory, as such in order to satisfy the public and maintain cemantic relevancy for search engines, they MUST be able to optimize and market with that term.
Finally, the only reason MLS is a searched term in the first place (And now has a different definition in the publics eyes) is because the Multiple Listings Services, the Brokers and the agents have misinformed the public to the point that now MLS is a coloquialism or synonym for "Home Search" - so now that it is a matter of public acceptance, you have distroyed the credibility of your argument, you can't just "have the term back" because you have decided you don't like the monster "YOU" created.
My solution - Change your acronym, rename the MLS to something no-one knows about and keep it to yourselves! Don't market it, educate your realtors and brokers not to market it, and it will never become an issue because the phrase will not become a popular coloquialism and then there won't be anyone searching for it, when really they mean something else.
How about NWMLIDN (North West Multiple Listings Internal Data Network)?
There you go! A new, proprietary acronym you can trademark and keep all to yourself.
If you agree with me, and want to support this article, the thread posted here, or the agent listed in the external links please link to this article with the following code:
<a href="http://www.realestatewebmasters.com/blogs/morgan-carey/58/show/" target="_blank">NWMLS Bullies their own</a>
Perhaps if this article outranks the NWMLS for their own name, they might sit up and take notice that this is NOT the kind of treatment their members expect.
Basically the discussion came about because a member of real estate webmasters who is also a realtor for John L Scott in Washington received an email from the NWMLS (North West MLS) threatening to fine him for using the phrase "Seattle MLS" in his description for his website posted here at REW. The gist of the description went like this:
"At my website you can search all active listings on the Seattle MLS"
You can read about the backlash this has caused at this thread:
http://www.realestatewebmasters.com/thread9678.html
My stance on this is that first a foremost, the NWMLS does not own the trademark or have a copyright on the acronym "MLS" nor do they have any claim on "Seattle MLS" as such they are in no legal position to start telling websites not associated with their members (Websites like mine) that I cannot use the phrase "Seattle MLS" - so come and get me NWMLS, I will post that phrase on my website all I want, and there isn't a damn thing you can do about it.
Second of all - in defense of the agent / REW member - I feel he should be able to say "Search the active listings on the Seattle MLS" because he is trying to capture search engine traffic that is relevant to his business and is a benefit to him, his broker AND NWMLS, I mean who do they think pays thier bills? Not only should he be able to optimize for the Phrase "Seattle MLS" because it is a benefit to all parties involved, he should also be able to because it is my opinion that when a user types in "Seattle MLS" they are actually looking for websites that display active homes for sale in Seattle, which is exactly what this agents website does.
The counter argument from the board is that the agent is decieving visitors by using the phrase MLS because NWMLS's definition of the "Seattle MLS" is the entire system used to store and distribute board data including active listings, solds, expired's and much more - so to say MLS is to deceive the user:
CMON NWMLS! - The only people that have that definition of MLS are board members, brokers and realtors. To the general public MLS is that thing they go to in order to search available inventory, as such in order to satisfy the public and maintain cemantic relevancy for search engines, they MUST be able to optimize and market with that term.
Finally, the only reason MLS is a searched term in the first place (And now has a different definition in the publics eyes) is because the Multiple Listings Services, the Brokers and the agents have misinformed the public to the point that now MLS is a coloquialism or synonym for "Home Search" - so now that it is a matter of public acceptance, you have distroyed the credibility of your argument, you can't just "have the term back" because you have decided you don't like the monster "YOU" created.
My solution - Change your acronym, rename the MLS to something no-one knows about and keep it to yourselves! Don't market it, educate your realtors and brokers not to market it, and it will never become an issue because the phrase will not become a popular coloquialism and then there won't be anyone searching for it, when really they mean something else.
How about NWMLIDN (North West Multiple Listings Internal Data Network)?
There you go! A new, proprietary acronym you can trademark and keep all to yourself.
If you agree with me, and want to support this article, the thread posted here, or the agent listed in the external links please link to this article with the following code:
<a href="http://www.realestatewebmasters.com/blogs/morgan-carey/58/show/" target="_blank">NWMLS Bullies their own</a>
Perhaps if this article outranks the NWMLS for their own name, they might sit up and take notice that this is NOT the kind of treatment their members expect.
If you have a question or comment regarding my blog entry, please use the comments box below - if you have a general question about REW Blogs or would like to discuss any facet of being successful online, please visit the forums.
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There are currently 20 Responses to this blog entry.
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Penny Weigel
I run across this constantly, When I THINK I am looking at the MLS - which is a free site, no registration required, it turns out to be a realty or realtor. I am just looking! As you can see from my email address, I live no where near Washington state, but may move there in a couple of years. I don't need to schedule an appt or leave a # to be reached. I am only TRYING to get a feel for real estate there in the different areas. IF I find something interesting closer to the time I am ready to make a move - THEN I will contact a realty. Its called shopping!
Joe
It is funny that no one cares that the MLS is trying to prevent Agents and Brokers from lying and decieving the public. If you advertise "Search the active listings on the Seattle MLS" this is a lie and deceptive -which sadly seems to be common amongst RE professionals. The MLS only shares listings where the seller has agreed to internet advertising. So you dont have all the actives - only the MLS has that.
Alice
I have been in the NWMLS subscriber arena since the 90s. Each decade the rules get more restrictive with each passing year. I do not agree with all the rules coming down the pipe. Somehow,the general public came under the impression that they can have the same access to data that paying members of the NWMLShave. Thishas beenbrought on byreal estate professionals just trying to drive traffic to their sites with the use of "free home searches". It is most likelyour own fault, as Realtors, real estate professional, even the NWMLS, that the public has this impression. It is a little "late" in the game to now try to "protect" data on property listings since you can go to most real estate web sites and search for current properties for sale using IDX. I agree that the NWMLS is over stretching, when it comes to deeming the term "MLS" as their own. This should get interesting in the next 5 yearshas the internetusage becomes evenlarger.The NWMLS, I do not believe,has a right to tell a non-member, of the NWMLS that they can't use the term MLS. They do, however, have in their rules that asubscribing member cannot use the terms"search the mls", "MLS Search" or anything to that effect. So it's not like the John L Scott agent who was using the term Seattle MLS, didn't know that he or she wasn't suppose to use that term, even in key words inserted into tags on the web site. Itoo, have been told to remove MLS terms from my web site. If Iunderstand your blog right, the agent was promoting his web site using the term Seattle MLS, which would be against the NWMLS rules. You can say "Search for Seattle Houses for Sale" or anything to that effect. Your site, to my understanding didn't receive a letter from the NWMLS, only the Realtor. With the NWMLS, a subscribing member either complies or they get fined.Most likely anotherperson in the real estate field turned this agent into the NWMLS,after reading this agent's posting on your web site. This is generally how NWMLSfinds out is when another agent complains. Opps, did I just give away a "secret".
Therese O'Neal
OK! Let's stop complaining and do something about it!
I just became a Realtor in the state of Washington, from the Houston Association of Realtors in the state of Texas.
Frankly, the NWMLS is quite dull! I couldn't tell it was an MLS site when I first saw it! It needs some improvements; the design and colors aren't vivid and catchy enough! it is too plain.
In my former Association, though the fines were automatic, we received warnings to avoid them, so that's a good thing about the MLS.
Yes I agree that the value of the MLS site has been greatly depreciated, since everyone and their cousins are allowed to surf it without a Real Estate license! That just devalues our worth to the general public, and we aren't really needed, yet we keep paying these high fees, just to stay in business!