Roost search engine - advertising other brokers properties

[webmaster]

I thought about who to look for when doing my search, and for dramatic effect, I have chosen my fiery friend Richard Soto.

So I have question for you Richard - did you give permission to David Winans to advertise your Denton property on Kingfisher Ct - at roost.com?

Here is a screenshot of what i am talking about - More to come

[MikeNY]

You know is scary, I found a site a few months ago that had some of my listings on it but NO contact info for me or my broker. It looked like it was some sort of site where you pay for zip codes and they put your photo and contact info, etc but the catch is this guy was from like Georgia, so what in the heck is he going to do witn one of my listings on his site? Fat chance I will pay a referral (not that anyone looks at this site for homes in my area). I lost the site but have no clue how the heck it got there.

[webmaster]

I think there is a bigger issue here:

This website claims to be using IDX data it gets from ihomefinder (An IDX provider who promotes homegain on their main page)

We have an exclusive relationship as a reseller of iHomeFinder, Inc, a leader in IDX solutions

The way that screenshot looks, could be construed as one broker advertising another brokers listings without permission - (I think this is illegal, or an ethics violation - anyone have more on this?)

Also - when we (IDX vendors) are granted access to raw data feeds, it is done under very specific and strict contracts that stipulate how we can and cannot distribute data - in most cases, it is spelled out specifically, that you are only to use the data feed to create an IDX compliant search on the customers website that is being approved in the paperwork.

[MikeNY]

Scary stuff Morgan, but just like the rest of this industry, only us Realtors have to abide by the rules, these non member 3rd party companies do as they please with no rules to follow or actions taken against them. Would love to know more as you find out.

[webmaster]

Next we have the issue of the use of the term MLS (A hot topic around here)

All MLS searches on Roost provide consumers access to MLS listings

NAR recently made a change that states it is a violation to represent ones self as the MLS or use phrases like access to MLS in conjuction with their Realtor websites. This website is likely not Realtor owned, so it is able to make such claims under no penalty or fine from a local board - basically this shows one of many problems with the recent NAR change - It has opened the door for third parties to optimize for MLS specific terms while eliminating Realtors ability to compete for this same traffic - it is most certainly restriction of trade.

[Ryan Ward]

Well,

A broker agrees to reciprocate through an IDX feed provided by the local MLS so they are allowing other brokers to display their listings.

This, I suppose, piggybacks on that and says something to the effect that if a broker has agreed to reciprocate listings with other brokers, than the other broker can place those leads on a third website and drive traffic back to the second broker.

I don't know if this would actually be allowed, but, I will be emailing my MLS on monday to see what their take is on this.

[mkrotchie]

Here is a couple interesting tidbits taken from the Tucson MLS Rules & Regulations:

Section 20.2.2 - Participants must protect IDX information from misappropriation by employing reasonable efforts to monitor and prevent "scraping" or other unauthorized accessing, reproduction, or use of the MLS database.

...

Section 20.3.3 - All listings displyed pursuant to Internet Data Exchange shall identify the listing firm in a readily visible color and typeface not smaller than the median used in the display of the listing data.

[FindCRE]

Wow, must be nice to claim the whole NETRIS MLS as your own.

I'm fairly certain this is not allowed.

[webmaster]

Well, I cannot confirm for sure until I have the NETRIS paperwork in front of me - but from experience, and memory I can almost guarantee that this would be a violation to every MLS board in the county - Although in the actual search results a much smaller "listings courtesy of the real broker" is provided - at the top of any MLS search for a given area, a much stronger branded (And deceptive) "listings featured by" going to I assume either the highest bidder, or someone who purchased an exclusive - IF that is the case, then Roost seems to be profiting from the misuse of IDX data - I mean think about it, if this sort of thing was OK, why would so many MLS boards have rules in place that require vendors to prevent scraping?

[REW Reed]

I am pretty certain that Roost is working with these 'Featured Brokerages' to obtain the actual feeds and not scraping them from other sites. Most of the areas mention the MLS that the listings come from and offer the listing brokerage. If the listings were scraped, why would they bother?

I'm trying to figure out whether the MLS's know about the relationship some of their member brokerages have with a questionable outside website.