MLS Committe moves to ban "MLS" from realtor sites

[Saodavi]

If they don't want us to use it letters "MLS", they need to tell us what it's called. It's not a Xerox, it's a "photocopier". It's not Kleenex, it's "facial tissue". So, if it's not MLS, what is it?

I always thought MLS was just an acronym for Multiple Listing Service ... which seems self definitive. It's like naming your company "photocopier". They should have come up with something more distinctive.

Besides, you generally can't copyright/trademark an acronym. It could stand for anything.

[webmaster]

You can actually trademark / copyright an acronym as long as the appropriate disclaimers of use are clearly defined during application - For instance MLS IS trademarked by Major League Soccer

[SteveTheSultan]

You can actually trademark / copyright an acronym as long as the appropriate disclaimers of use are clearly defined during application - For instance MLS IS trademarked by Major League Soccer

That is a very good point about the soccer. Although Soccer will never gain the following in the US as it has in Europe, how is the NAR going to deal with that?

Wouldn't they be trade marking something that is already trade marked? It seems very confusing to me.

[escapeso]

"For instance MLS IS trademarked by Major League Soccer"
That is awesome. I didnt realize that. If NAR tries to copyright MLS I wonder if the soccer people will go after them.

I really dont understand what NAR is trying to accomplish with this.

It seems they want to have it when you search for MLS that fsbo websites will not come up. But if they outlaw it real estate sites won't come up either.

So in the post rule world when you type in MLS you will only get a bunch of soccer websites.

If their goal is really to protect realtors they should allow realtors to use MLS but not allow competing "systems" to use the word MLS. So it would simply outlaw someone from setting up a system to compete with the realtors MLS system and calling it Billy's housing MLS.

But I doubt that will happen. I think instead they will just start fining their own members.

[Sam Chapman]

The Austin Board has already disallowed the use of the term MLS in ways. You can't have a link on your site that says search the MLS. What they are saying is that the real MLS can only be accessed by members of the Board and this is their justification for not allowing it to be used in this way.

[NealRM]

I can understand why this would upset Realtors. You created this system and now it is trying to control you. Talk about the creation turning on it's creator.

However, I'm a little split on this issue. Restriction on the MLS would help 3rd party sites like mine.

[Ryan Ward]

Here's the deal. If you don't allow agents/brokers to use it, others will because the NAR cannot fine them. Let's talk about who these companies are. you know, the usual suspects. Trulia, zillow, et al...It has been written about until we are blue in the face.

THE BOTTOM LINE IS THAT THESE PEOPLE ARE NOT QUALIFIED TO MAKE THESE DECISIONS.

I said I would post a blog on this, but, I would rather post this here as I think more people would find it. Here is what I wrote and the resonses I received. For reference, anyone who can log in to NAR can read the whole article here: http://www.realtor.org/inis.nsf/page...Document&Login

I emailed the author, Robert Freedman and he was kind enough to give the email address of Cliff Niersbach who povided me with the following. My original email followed by him, then me, then him.

Me:

Cliff,
I was looking for more information about some of the new changes adopted and I am wondering if you could provide me with any additional insight on this:
“* Amended the NAR Code of Ethics to ensure the “true picture” test in Article 12 applies to electronic communications such as e-mail and text messages, and added a Standard of Practice to ensure that REALTORS® present a true picture in their URLs and domain names. The Code of Ethics changes required passage by the Delegate Body, which approved the measure at its meeting following the Board of Directors. Related changes to model MLS rules were also adopted.”
What exactly does this mean or can you point me to a source for further info.

Thank you,

Ryan Ward,
The Ryan Ward Group

Cliff:

Attached is a white paper that was posted on REALTOR.org earlier this year soliciting input from members on Article 12. Please note that the proposal shown below was subsequently amended to what was considered by the Professional Standards Committee, Board of Directors and the Delegate Body last week. Please let me know if you don't have the new wording for Article 12 that goes into effect January 1 or if you have other questions.

Cliff Niersbach

Scope and Focus of Article 12

Summer, 2007

Members of the Professional Standards Committee and other interested REALTORS®, association executives and staff specialists are encouraged to provide feedback on conceptual amendments to Article 12, which will be considered by the Interpretations and Procedures Subcommittee at their next meeting scheduled for this September 2007.

Background
As part of the Professional Standard Committee’s ongoing consideration of Internet–related issues the Interpretations and Procedures Subcommittee, at its March 2007 meeting, gave further consideration to the Report and Recommendations of the Joint Work Group of the Interpretations and Procedures Subcommittee and the Multiple Listing Issues and Policies Committee (December 11-12, 2005). While the Subcommittee discussed a variety of issues, this paper focuses on Article 12, and is intended to give readers an overview of the issues and to solicit thoughtful input from REALTORS® and association executives that could be considered by the Subcommittee.

In considering the new Standards of Practice related to Article 12 adopted effective January 1, 2007, the question has been raised whether Article 12, as currently worded, is broad enough to address all types of REALTORS®’ communications (including communications made electronically), or whether the phrase “advertising and representations to the public” is understood by REALTORS® as applying only to their advertising and marketing activities? It was the initial consensus of the Subcommittee that Article 12, as currently worded, may be viewed as relating primarily to advertising and marketing activities, and that broader, more encompassing ethical direction guiding all forms of REALTORS®’ communication may be desirable. The Subcommittee believed the fundamental message to be communicated to both REALTORS® and to the public should be: REALTORS® shall be honest and truthful in all real estate communications. To the extent practical, their status as real estate professionals shall be readily apparent in such communications.

The Subcommittee first concluded this principle might most effectively be communicated in a separate new Article. With that as a starting premise, the discussion turned to the possible wording of a proposed new Article; to possible amendments to Article 12; to which existing Standards of Practice related to Article 12 should continue to interpret Article 12, and how those Standards of Practice might be clarified; and which concepts embodied in the existing Standards of Practice related to Article 12 might be recast as Standards of Practice related to the proposed new Article.
Conceptual Amendments to Article 12
However, after further consideration, the Subcommittee determined that REALTORS®, the public, and the Code of Ethics would likely be better served by clarifying and expanding the scope of existing Article 12, rather than creating a separate, new Article. It was then moved, seconded and carried that action on the following proposed amendments to Article 12 be delayed until the September, 2007 meeting so the substance of the Subcommittee’s discussions could be shared with the Professional Standards Committee at the 2007 Midyear meeting, and so that the Committee’s input could be incorporated into the Subcommittee’s final recommendations (underscoring indicates additions, strikeouts indicate deletions):

REALTORS® shall be careful at all times to present a true picture in their advertising and representations to the public. REALTORS® shall also ensure that their professional status (e.g., broker, appraiser, property manager, etc.) or status as REALTORS® is clearly identifiable in any such advertising. (Amended 1/93)

REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing and other representations. To the extent practical, their status as real estate professionals shall be readily apparent in their communications and clearly identifiable in their advertising.

Me:

Thank you for your prompt response. How will this affect the way in which we utilize the term MLS in our marketing?

Ryan Ward,
The Ryan Ward Group[/quote]

Cliff:

Article 12 - both as currently worded and as it will read in 2008 - requires a true picture in advertising and other representations. The amendments effective in 2008 add "marketing" since the Committee believed it was somewhat broader than "advertising", and added the concept of "communications" since there will often be exchanges of information between REALTORS® and consumers that do not fall into the categories of marketing, advertising or other representations that nonetheless should be honest and truthful. The ultimate test is the truthfulness of any assertion or statement regardless of the context in which it's made. For your convenience, I'm including the changes in legislative format.

Cliff Niersbach

REALTOR shall be careful at all times to present a true picture in their advertising and representations to the public. REALTORS shall also ensure that their professional status (e.g., broker, appraiser, property manager, etc.) or status as REALTORS is clearly identifiable in any such advertising. (Amended 1/93)

REALTORS shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing and other representations. REALTORS shall ensure that their status as real estate professionals is readily apparent in their advertising, marketing and other representations, and that the recipients of all real estate communications are, or have been, notified that those communications are from a real estate professional.

I have no clue what this means???????????????????????

[Malok]

I have no clue what this means???????????????????????

I think it means when you get a big fat fine in the mail, it means you did something wrong.


Seriously though - if they are unable to restrict non-members from using the term, penalizing members from using it seems absurdly paradoxical.

Tie the hands of the people that fund the organization in the first place, and let their competition use it = makes no sense at all.

[Ryan Ward]

This is why I do not believe that they are qualified to make that decision.

If they were, I assume someone would have explained that to them.

[Morristown]

I think that someone needs to give these people something else to do to keep them out of trouble and to keep them from making decitions on things that are really not issues that need to be addressed.