mls boards and data hilton head sp

[webmaster]

I am taking a new client in hilton head, SC and they have been told (So they say) that their MLS board will not provide a data feed for us to create a custom IDX, now my question is, is it not NAR mandate that if a broker requests a feed to create their own idx, does the local board not have to supply it?

Anyone read the NAR mandate on this, or know where I can find the docs?
Thanks

[Salt River Media]

Enhanced IDX (Internet Data Display) Policy

The following revised IDX (Internet Data Exchange) policy was approved by the NAR Board of Directors during the 2005 Midyear Meetings in Washington D.C. To view the changes in this policy click here.

This revised IDX policy will serve as the foundation for NAR's continuing discussions with the Department of Justice. It is possible that the IDX policy may serve as the basis for a simple, comprehensive MLS/Internet policy. Implementation information, including model rules and updated FAQs, will be provided when available.

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Associations of REALTORS® and their Multiple Listing Services must enable MLS Participants to display on Participants' public websites aggregated MLS active listing information subject to the requirements of state law and regulation. To comply with this requirement MLSs must, if requested by a Participant, promptly provide basic "downloading" of current listing information. Associations and MLSs can also offer alternative display options including framing of Board, MLS, or other publicly-accessible sites displaying Participants' listings (with permission of the framed site). For purposes of this policy, "downloading" means electronic transmission of data from MLS servers to Participants' servers on a persistent or transient basis, at the discretion of the MLS excluding the listing or property address, respectively, of any seller who affirmatively directs that the listing or the property address not appear on the Internet or other electronic forms of display or distribution.

MLSs that allow persistent downloading of the MLS database by Participants for display or distribution on the Internet or by other electronic means may require that Participants (1) utilize appropriate security protection, such as firewalls, provided that any security obligations imposed on Participants may not be greater than those employed concurrently by the MLS, and/or (2) maintain an audit trail of consumer activity on the IDX site and make that information available to the MLS if the MLS has reason to believe that a Participant’s IDX site has caused or permitted a breach in the security of the data or a violation of MLS rules related to use by consumers. This policy does not require associations or MLSs to establish publicly accessible sites displaying Participants' listings.

Unless state law requires prior written consent from listing brokers, listing brokers' consent for IDX display may be presumed unless a listing broker affirmatively notifies the MLS that the listing broker refuses to permit display (either on a blanket or on a listing-by-listing basis). If a Participant refuses on a blanket basis to permit IDX display of that Participant's listings, then that Participant may not display the aggregated MLS data of other Participants on an IDX site.

Alternatively, MLSs may require that Participants’ consent for display of their listings by other Participants on IDX sites be affirmatively established in writing. Even where Participants have given blanket authority for other Participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis as instructed by the seller.

Access to MLS databases of current listing information, or any part of such databases, may not be provided to any person or entity not expressly authorized such access under the MLS rules.

Participants Internet Web sites may also provide other features, information, or services in addition to IDX information (including Virtual Office Website (“VOW”) functions) which are not subject to this policy.

Policies applicable to Participants’ IDX sites

1. Participants must notify the MLS of their intention to establish an IDX site and make their IDX site directly accessible to the MLS for purposes of monitoring/ensuring compliance with applicable rules and policies.

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.

3. Listings or property addresses of sellers who have directed their listing brokers to withhold their listing or property address from display on the Internet (including, but not limited to, publicly-accessible Web sites or VOWs) shall not be accessible via IDX sites. Notwithstanding this prohibition, listing brokers may display on their IDX sites or their other Web site(s) the listing or property address of consenting sellers.

4. Participants may exclude listings from display on their IDX sites based only on objective criteria including, but not limited to, factors such as geography, list price, type of property, or cooperative compensation offered by listing brokers.

5. Participants must refresh all MLS downloads and refresh all MLS data at least once every seven (7) days.

6. Except as provided elsewhere in this policy or elsewhere in an MLS’s rules and regulations, an IDX site or Participant operating an IDX site may not distribute, provide, or make any portion of the MLS database available to any person or entity.

7. When displaying listing content, a Participant's or User's IDX site must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface.

Policies applicable to Multiple Listing Services

The following guidelines are recommended but not required to conform to National Association policy. Pursuant to these guidelines, MLSs may:

1. prohibit display of expired, withdrawn, or pending listings

2. prohibit display of confidential information fields intended for cooperating brokers rather than consumers including compensation offered to other MLS Participants, showing instructions, property security information, etc.

3. prohibit display of the type of listing agreement, e.g. exclusive right to sell, exclusive agency, etc.

4. prohibit display of seller’s(s’) and occupant’s(s’) name(s). phone number(s), and e-mail address(es)

5. require that any listing displayed identify the listing firm in a readily visible color and typeface not smaller than the median used in the display of listing data

6. require that the identity of listing agents be displayed

7. require that information displayed not be modified. MLS data may be augmented with additional data not otherwise prohibited from display so long as the source of the other data is clearly identified. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized data fields.

8. require that any display of other Participants' listings indicate the source of the information being displayed

9. require that other brokers’ listings obtained from other sources, e.g., from other MLSs, from non-participating brokers, etc., display the source from which each such listing was obtained

10. require Participants to indicate on their websites that the information being provided is for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing

11. establish reasonable limits on the amount of data/number of listings that consumers may retrieve or download in response to an inquiry

12. limit the right to display other Participants' listings to a Participant's office(s) holding participatory rights in the same MLS

13. require a notice on all MLS data displayed indicating that the data is deemed reliable but is not guaranteed accurate by the MLS. Participants’ IDX sites may also include other disclaimers necessary to protect the Participant and/or the MLS from liability


Additional local issues / options

1. Where MLS participatory rights are available to non-member brokers or firms as a matter of law or local determination, the right to display listing information pursuant to IDX may be limited, as a matter of local option, to Participants who are REALTORS®.

2. MLSs may, but are not required to, limit the right to display listing information available pursuant to IDX to MLS Participants licensed as real estate brokers.

3. MLSs may, but are not required to, limit the right to display listing information pursuant to IDX to MLS Participants engaged in real estate brokerage. This requirement can be met by maintaining an office or Internet presence from which Participants are available to represent real estate sellers or buyers (or both).

4. MLSs may, but are not required to, allow non-principal brokers and sales licensees affiliated with MLS Participants to use information available through IDX to populate their own websites.

Even if use of information through IDX is provided to non-principal brokers and sales licensees affiliated with MLS Participants, such use is subject to Participants' consent and control and the requirements of state law and/or regulation.

5. MLSs may, as a matter of local option, limit information which can be downloaded and/or otherwise displayed under IDX to properties listed on an exclusive right to sell basis.

6. MLSs cannot prohibit Participants from downloading and displaying or framing other brokers' listings obtained from other sources, e.g., other MLSs, non-participating brokers, etc., but can, as a matter of local option, require that listings obtained through IDX be searched separately from listings obtained from other sources, including other MLSs.

7. MLSs may, as a matter of local option, charge the costs of adding or enhancing their "downloading" capacity to Participants who will download listing information. Assessment of such costs should reasonably relate to the actual costs incurred by the MLS.

[guz843]

can i get clarification in english on this?

does the board have to offer feed or not

[Frodaddy]

It apears that NAR's Midyear 2005 statement is as clear as usual but basically they are saying that the MLS must supply IDX data to brokers that request it.

[frobn]

can i get clarification in english on this?

does the board have to offer feed or not

NAR's intent is clear. They understand the internet and would like every MLS to have a liberal IDX policy, but there are limits to what NAR can mandate. The IDX policy are guidelines that are open to interpretation by the local MLSs. Each MLS has it's own politics and a few have chosen to adopt an over restrictive policy by offering a framed approach only or to give exclusive development rights to one provider. In the end the data belongs to the brokers so it's possible that overly restrictive policies may trigger unintended results for the MLS. I have recently seen it happen.

[Frodaddy]

NAR's intent is clear. They understand the internet and would like every MLS to have a liberal IDX policy, but there are limits to what NAR can mandate. The IDX policy are guidelines that are open to interpretation by the local MLSs. Each MLS has it's own politics and a few have chosen to adopt an over restrictive policy by offering a framed approach only or to give exclusive development rights to one provider. In the end the data belongs to the brokers so it's possible that overly restrictive policies may trigger unintended results for the MLS. I have recently seen it happen.

Eloquently stated.

Thanks.

[ChristyFundy]

I am an agent in SC (the Columbia Area) Our MLS service is not statewide nor do we have to be members of NAR to join the MLS in our area so I'm not sure what jurisdiction that NAR would have to enforce transfer of information in this state. I think it restricts trade within our state for there to be multiple MLS systems in place (my liscense is good in all of SC, so... why exactly can't I have the information available to sell in another SC area is a mystery ) I am sorry we haven't caught up to the rest of the country apparently but I may be able to point you in the right direction if you want to send a referral. email me @ cfunderburk@columbiaproperties.biz if I can help you out.

[RobertD]

Well, you can have information in other areas. You simply have to join more than 1 MLS. Multiple MLS's for a state is the norm, not the exception. Some brokers and agents limit their service area to only areas covered by a single MLS while others join as many MLS's as they can.

Also, many MLS's share data between themselves so that members can avoid having to join multiple MLS's. For example, one of my client's in the NJ/PA area is a member of 2 MLS's, but the single data set that we receive contains data from 5 MLS's.

Getting back to the subject, NAR only mandated that MLS's have a IDX policy in place. The guidelines are merely their way of suggesting how to do it.

[CyberSun]

This is very interesting and I'd like to throw this up for discussion for all real estate webmasters. I am the Vice President of a web development company that provides IDX solutions in over 50 different markets nationwide. We currently have a client in the Columbus, Ohio area for whom we did a custom IDX integration into a variety of custom tools. Her Board, CBR (Columbus Board of REALTORS) recently sent her a letter (shortly after the site was complete) that as of Jan. 1, 2007, she will no longer be able to use us as a vendor because they are moving to a 'single vendor policy'. They told her that she can still have us "design" her site but that the database solutions have to come from their chosen vendor. This just will not work for her, as we have integrated the RETS data feed into the site. Obviously she is irate- she spent quite a bit of money with us developing a custom solution that they are now telling her she has to literally dump. They have emphatically stated to us that their members will no longer be able to choose their IDX Vendor. They are all required to use one vendor that the Board has selected. They are doing this in the name of 'data security' but quite frankly we all know that will not prevent companies from data scraping. From our standpoint, it is restraint of trade, monopolistic and illegal. This should be of grave concern to vendors everywhere who provide database services to members the real estate industry but should also be of concern to the members themselves. Taking away their right to choose inhibits their ability to maintain a competitive advantage over their competitors by hiring vendors who they feel can provide them the tools they need to compete. I am wondering if anyone else out there has encountered this specific problem with CBR or any other Board? What would the position of Advanced Access or Ala Mode be regarding this movement to a single authorized IDX vendor? This essentially shuts all of us out of a market. Furthermore, how foolish- to put themselves in a position where their 'chosen vendor' has absolutely no incentive to provide a competitive product for a competitive price. Any thoughts on this from anyone who might be interested?

[RobertD]

Unfortunately, when MLS's impement rules like this, they don't realize that they are hurting their members which will hurt them in the long run. I don't know if there is anything that you as a third party can do. Your client has to take a stand and force the issue.

If need be, she needs to switch to a different MLS. We've had several small MLS's try to limit our clients to simply framing a junk website for their site. In the end, they relented and agreed to give us an IDX feed because our client represented nearly 50% of their listings.