Mobile Phone Advertising - MLS giving agents flak

[SteveTheSultan]

--Situation --

Partner and I started a service that allow buyers to request information about a property through txt message. Agents place signs on properties and condo that say "for more information send the text message [0000] to [1234]" It then returns property information to the buyers phone with links to pictures so they can see the property on their cell phone.

More technically savvy agents love the service and have had good success because it focuses on a specific demographic.

--Problem--

Where we have run into problems is some MLS systems freaking out. We had one client that had to remove listings because the MLS said they couldn't advertise properties this way.

Assuming the agent is being up front about the circumstances; this is BS. I am not a big fan of MLS systems; well let me be more clear: the rules the MLS have are crap. They don't help the person buying the property which is what I see as the ultimate goal. There is confusion, mysticism, and fear by the end consumer about MLS systems. I talked to realtors that share the same view. Some have wished for its demise.

We got an an anonymous email saying that we better not be scraping MLS systems for data because it violates the terms of use. Like a preemptive strike. We don't scrape the MLS systems at all, so I have no clue where they came up with this.

I guess my question is:

Can the MLS systems can give the realtors flak for placing properties listings on other web sites?


I don't want to put a strain on a realtors relationship with the MLS, but I am too the point where I want to tell the MLS groups to take a long walk off a short pier. Our service is another way to advertise a property and reach buyers. It may be a risky business move, but I almost want to do an ad campaign to position the company as "ANTI-MLS" Its just frustrating because we are working to help the agents and have gotten a positive response, but agents seem to be handcuffed a little in what they can do.

If you have some advice on the best way to proceed I would love to hear it.

[cgmckeever]

Steve -
If the agents are entering in the listings manual, or through some automated system that is outside of ANY MLS interaction (such as a data feed from their personal and/or Broker website) - then it is indeed just another form of advertising.

IF the agents provide some sort of password and/or RETS access criteria to gain listing information from the MLS - then you are probably in violation - as then you are using the data from the MLS. Although at the end of the day it is the same data - its a matter of where the data comes from, who controls it and what other data _may_ be available but not distributable (ie commission info, showing info)

I am assuming you are going about it using the tfirswt approach - and as I said, that is no different than any other third party advertising mechanism (including newpapers)

NOW -- all that was written under the assumption that the MLS doesnt have some silly clause that says where/how you can/can not advertise.

[cgmckeever]

PS - They shouldnt be able to 'give them flak' for placing their OWN listings on various other websites.

But they CAN give them flak for placing listings that are not theirs on other websites.

Think back pre-internet. This would be akin to a broker hanging listing flyers in their window that are really other brokers inventory.

Its a double edged sword..it can make a little shop look BIG (with inventory) but also dillutes the presence/marketing gusto of bigger companies.

[RonnieG]

If the property info and/or pics come from an IDX feed, even indirectly, the service may violate MLS terms of use.

If the listing agent enters all property info into a 3rd party website manually, including uploading their own pictures, and the service uses that for what it sends to the mobile device, there is no violation, since MLS data is not being used. IMO, as long as the LA uses their own pics and descriptions they themselves have composed, even if the same descriptions and pics may also be entered by the LA into the MLS, their is no violation. The seller and listing broker have the right to advertise a listed property anywhere they like. If this is the case, you should have a "FAQ" piece the agents can send to their MLS about the service and how data is collected (from the listing agents, and not from MLS or IDX feeds). That should shut them up.

I am not aware of any MLS that claims to have exclusive rights to advertise any property for sale. LAs can advertise in newspapers, magazines, their own websites, their brokerage websites, any other website they choose. This doesn't seem any different to me. Only inappropriate use of IDX feeds and MLS screen scraping is prohibited.

[SteveTheSultan]

Thanks for the info. Currently the users enter the information manually into the system, but they have asked if there is a way to automatically import from "Other" systems.

We only let them enter property information and not commission information. So I think we are ok in that sense.

Have you run into situations where MLS systems have rules about how it can be advertised?

[cgmckeever]

I have heard of rules that allow advertising time allowances BEFORE the property is officially entered into the MLS.

I havent heard of anything saying where one can advertise their OWN (key word here) listings

[SteveTheSultan]

PS - They shouldnt be able to 'give them flak' for placing their OWN listings on various other websites.

But they CAN give them flak for placing listings that are not theirs on other websites.

Think back pre-internet. This would be akin to a broker hanging listing flyers in their window that are really other brokers inventory.

Its a double edged sword..it can make a little shop look BIG (with inventory) but also dillutes the presence/marketing gusto of bigger companies.

cgmckeever

Thats good input, because that has come up before. We are trying to figure out a way to verify a listings ownership, but it has proved difficult. The only way we have come up with is to turn off the "non - mobile phone" access to the pages on the site. This way the request for information must originate from looking at the property so the listing is definitely made by the owner.

[cgmckeever]

Turing off the non-mobile is the only solution that stands out to me....

The real question is (and this opens up lots of cans of worms) -- what agents/brokers can _do_ with IDX listings.

If they are allowed to display them on their own site -- who is to say your listing search site is not their sweb presense site ??

It gets tricky - and convoluted on where listings can appear

[SteveTheSultan]

Thanks for the information. I think the issue is that there two places the information is held now. So if the MLS is update, the mobile service isnt, unless the LA goes in and updates the listing.

It does seem strange that the MLS would not want it advertised a certain way. On the flip side, we have had positive responses from other MLS systems, so I am hoping this is just an exception rather than the rule.

Keep on truckin. - Steve