Call to Action - Please Help!

Posted Dec 4, 2007 @ 1:35 pm, Viewed by 389 Visitors, Read 398 Times.

This will effect how all real estate advertising is permitted on the internet.

The National Association of REALTORS® has amended the Code of Ethics that gives individual MLS companies the ability to prevent you from using the term "MLS" anywhere on your website for advertising to consumers because, at least so they say, it does not provide a "true picture" to consumers. Here is the amended code:

    Section 4.4 – Use of the terms MLS and Multiple Listing Service No MLS participant, subscriber or licensee affiliated with any participant shall, through the name of their firm, their URLs, their e-mail addresses, their website addresses, or in any other way represent, suggest or imply that the individual or firm is an MLS, or that they operate an MLS. Participants, subscribers and licensees affiliated with participants shall not represent, suggest or imply that consumers or others have direct access to MLS databases, or that consumers or others are able to search MLS databases available only to participants and subscribers. This does not prohibit participants and subscribers from representing that any information they are authorized under MLS rules to provide to clients or customers is available on their websites or otherwise.

The part of concern is highlighted above and it could have a dramatic impact on how agents and brokers can market online while placing us all at a disadvantage to non-REALTORS® who will be able to market and advertise using this term while we cannot. It is in fact a direct feed from the MLS - why do they want me to lie? That should be a violation of the Code of Ethics.

On its face this is downright anti-competitive and we need your help to see to it that we, as tech savvy agents, stand up and let our voice be heard and protect the valuable asset that is the MLS. I ask that all who may be affected by the recent adoption and change to the Code of Ethics

Sign the Petition

Then get out and blog about it. Talk about it in your office, link to it and get as many REALTORS®  as you can to link to it and sign it.

This is an extremely critical change and places all of us at a distinct disadvantage to non members.

Thank you in advance for your support!

Ryan is a REALTOR® serving the Atlanta Real Estate Market including Alpharetta, Buckhead, Chastain Park, Dunwoody, East Cobb, Roswell, Sandy Springs, Milton and John's Creek.

Phone: (404) 630-3187
Atlanta Real Estate
ryan (@) ryanwardrealestate.com

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20 Responses to “Call to Action - Please Help!”

I am not sure I understand all this, so please feel free to enlighten me. 3 points. 1.) I thought it was already a restriction (maybe just in my local mls - CMLS?) 2.) I also thought when I check enter a listing into our system we have the option of entering it into an IDX. So I expect 98% of the IDX feed to be the same as the MLS feed, I would think there are small differences. 3.) If I belong to NAR, which seems to me is the MLS, how can non-NAR get MLS info? Again, go easy on me, this has never been totally clear on how this works!

Posted 7 months ago

I signed it. Hope it does some good.

Posted 7 months ago

Keith, MLS is a term that consumers actually use to search homes for sale. I have a data feed from my MLS. It lists the info provided to me from the MLS. This is the infomation that consumers see and search for - often by searching for terms that include MLS. By not allowing members to use it, we lose the ability to compete with other, outside forces who optimize for it. This would be bad as consumers assume they are getting MLS data and if trulia, homes.com, zillow or any of the others start to use it (because they are not "banned from using it") then the consumer is the one who loses because they thought they were getting MLS data when all they would get are those homes listed voluntarily by agents who chose to advertise homes on those sites. for example, you would not be able to have a button on your site that says "search the mls" or optimize for that term or say it anywhere on your website. I contend that it is in fact a true picture to use the term because I am in fact using the data feed from the mls. A greater disservice would be to not be allowed to compete on a level playing field with outside the industry websites who are allowed to use it.

Posted 7 months ago

Jim, you have to confirm your email address to sign it. you are unconfirmed...

Posted 7 months ago

I will sign it too. But I think you are getting an IDX feed, and not 100% MLS feed. Their is a difference.

Posted 7 months ago

IDX uses data from the MLS. So the feed is in fact MLS data provided by the MLS. What's the difference?

Posted 7 months ago

Did you just change your picture? Looks good. Difference is you are not getting all the MLS data, I guess.

Posted 7 months ago

Which in turn means our IDX feeds are kind of like Trulia Zillow and such. Not a full representation of the MLS. That is why, I guess you need a Real Estate Agent, to get 100% of the true MLS data. Job Security?

Posted 7 months ago

Here is a quote from realtor.org: IDX Resources for Brokers and Agents What is IDX: Internet Data Display (IDX) is a policy that allows brokers to exchange consent to display one another's property listings on the Internet. This program is known by several names, including Internet Data Display (IDD) and Broker Reciprocity(sm), and several MLSs across the country have been doing it for years. But as of Jan. 1, 2002, NAR has mandated that all MLS must offer their participants a way to display the listings of other participants on their own Web sites. In other words, brokers can now post listing information directly from their local MLS on their own Web site without having to frame another other listing site -- with some limitations. NAR's Mandate Careful consideration of the issues, technology, and rapidly evolving competitive online marketplace led the NAR Board of Directors to create this IDX policy that some have called the next evolutionary step for MLSs in the electronic age. Read the full policy here. Frequently Asked IDX Questions and Answers Q. How is Internet Data Exchange accomplished? A. Other brokers' listings can be displayed either by downloading data from the MLS compilation and publishing it on your Web site or by framing the MLS's publicly accessible Web site (if such a site exists). The amendment says that we are not providing MLS data, but, it is in fact exactly what we are doing. Is it all of the data? No. But, it doesn't have to be all of the data to be the data. Full article: http://www.realtor.org/realtorae.nsf/pages/memberIDX?OpenDocument

Posted 7 months ago
photo Tony Sena

I receive the data in the form of a raw data feed from our local MLS, which is ran by the Greater Las Vegas Association of Realtors. So in our case it is directly from the MLS.

Posted 7 months ago

Hi Tony, Thanks for commenting. I believe this is the case for everyone. It is in fact a direct data feed from the MLS. It's not from my uncle Joe. It's from the MLS.

Posted 7 months ago

Actually, myself and Keith belong to the same board (CMLS) They have been on me about the term mls for months and off course I complied buuuut the problem is many others are still getting away with it. This guy actually has charlottemlsdotcom and it goes to his brokers site. How is this allowed?? The only thing you can do to win is point as many links with mls in as the anchor text. This whole thing annoys me between the ones who get away with it and the non-members (homegain,homesdotcom etc) Complete BS!! Btw, I'm in!

Posted 7 months ago

So how does homegain, homesdotcom, etc... get there listings?

Posted 7 months ago

I just got a cease & desist for one of my websites from my local board. I removed everything they told me to remove (& nothing more). I pay for VOW so I am getting the entire active MLS (which is how I explain it on my sites).

Posted 7 months ago

Jessie is working on it Ryan. He's getting a few threads (and agents) fired up on AR and he's got a full office presentation on tuesday this week. With any luck, he'll have a full article submitted next week to quite a few sites - NAR the evil wizard! He's really wound up about this whole thing. It's funny to watch

Posted 7 months ago

I am on the MLS committee at our local board and this was brought up this past meeting form a member who is also on the NAR committee that reviewed this. I believe on the intent of most who have made comments here, but I believe that most are interjecting incorrect assumptions on what is actually enforced. Case in point. My website currently states: "Feel free to use our state of the art, custom IDX to search for available active listings listed in the Multiple Listing Service (“MLS”) of the Memphis Area Association of REALTORS®." The way I read the first paragraph above, this does not violate that paragraph. I am not stating that I am an MLS, I am not stating that they will have access to the MLS (which includes pending, closed sales information, etc that the public does not have access to) -- It simply states that they, the consumer, can search my IDX for available, active listings that are in the MLS of the Memphis Area Association of Realtors. Nothing about that statement is misleading or incorrect, therefore it is fine. (Our board has actually been enforcing the above policy for some time and my statement meets approval). The way it was explained to me was that I could not state that I was the MLS, that the public could search the MLS (because they can't, they can only search my IDX of which only shows available, active listings). I have read where MLS boards have taken it way too far over the top in their enforcement, or at least compared to what I am under the impression that we are going to continue to enforce. The last sentence of the paragraph above states: "This does not prohibit participants and subscribers from representing that any information they are authorized under MLS rules to provide to clients or customers is available on their websites or otherwise." In our case at least, you simply can not have a website with the term MLS in it, or state that you are the MLS or that the public has access to the MLS (they actually do not have access to the MLS, they have access to the available, active listings through you IDX). In our case, approximately 3% of the members opt out, so you can't even say that they have access to all active listings. I would hate to hear that other local boards are going over the edge too far, I would definitely not be in any way supportive of that. Good luck everyone!

Posted 6 months ago

Ryan, You have a very good point. "It is in fact a direct feed from the MLS - why do they want me to lie? That should be a violation of the Code of Ethics." It appears to me that NAR or the people who voted on this new rule have some vested interest outside of limiting the use of the term MLS for ONLY Real Estate agents and Brokers. Department of Justice if you are reading this. Maybe you should look into who and why!

Posted 6 months ago

Ed, You make some good points, but, I would like to disagree with something you said: "(they actually do not have access to the MLS, they have access to the available, active listings through you IDX)." This is the MLS database of active listings.

Posted 6 months ago

Seems like a play on words, but that was the way it was explained to me. Consumers do not have access to the MLS, at least not in its entirety. They can not look up sold listings, pending listings and other aspects of the MLS Data Feed (in our case that would be MAAR Data that has tax and appraisal data). They can only view the active & available listings. I really hope boards don't get to the point where they try to punish their REALTORS for uttering the acronym MLS. Hopefully a clear statement such as the one I use or similar will suffice in being able to honestly and rightfully state to the public what that agent has to offer when dealing with the MLS. This all seems petty, I wish NAR would have focused their efforts else where.

Posted 6 months ago
photo Larry

I don't see the petition so I would like to post a link here. Please forgive me if I can not do that. Not sure if its allowed or not, but felt its worth the effort. Here is the link to the petition I found: http://www.freethemls.com Please sign this and don't forget you need to confirm the signature and let everyone know about this. Send the letter to your local board!

Posted 4 months ago
Ryan Ward

Ryan Ward Welcome to my real estate blog! I will try to provide you with relevant and timely information about the Atlanta real estate market as well as information that you can use if you are in the market to buy or sell real estate. Read More

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