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An MLS rule needs to change

I propose that MLS members be allowed to blog about other members listings. I would require that the blogging member put a credit line to the actual listing agent in the post. At a minimum the credit line should include the listing agents name, phone number, email address, and even a link to the listing's webpage if available.

I know that most MLS's have rules that prohibit members from advertising another members listings. This is good rule. A foundational level rule, and an MLS could not survive without it. However blogging about a listing it not the same as advertising a listing! Yes blogging about a listing is somewhere in the gray area, but I believe it is more closely related to talking about a listing with a home buyer than it is advertising.

The San Francisco Socketsite blog is a prime example of what a hyper-local listings based blog could be like. This blog represents is a super valuable and relevent resource to consumers. But as it stands right now, if you are a member of an MLS you are restricted from creating a blog like this.

Doesn't this rule serve to make real estate professionals less relevent to consumers?

Posted by Jonathan Washburn on 08/08/2007 02:31 PM

Comments (25)

mls, nar

Originally posted at: jonwashburn: An MLS rule needs to change

25 Comments on An MLS rule needs to change

AUG

2007

Jonathan I was talking with my husband about this just this morning. I am going on a tour (of two) with another agent who is holding one of my listings open this weekend. We are going to check out other homes in the are before she holds it open. I would love to blog about them and am thinking of a way to do so and not violate the MLS rules. But I would love to have it be more flexible.

But, but, Johathan. We can blog about other agents' listings. I've done it when there is a particularly interesting home.

I just get their permission.

Well said by Lenn. There is lots we can do in this business with permission. I have not thought about this enough to form my own opinion but my 1st thought is what if another agent was blogging about my listings and were great at SEO - Would they not be taking away viable leads that would otherwise get to me?

Lenn,

As far as I understand it, when I first got into the business you were able to advertise another members listing with their permission. That entailed calling up the listing agent and asking. Then it progressed to requiring written permission from the agent. Now I believe written permission from the broker is required in most MLS'. Getting written permission from the broker is essentially saying to me "don't bother".

Either way that is not the point. I don't believe that blogging about a listing is advertising.

The value in a listing advertisement is the listing information.

The value in a blog about a listing is the commentary around the listing.

Bill,

I say that the listing agents information should be shown on the blog. Even a link to the listing agents website. If anything getting people to blog about your listing would only serve to increase your SEO.

Also, the alternative is not having the other agent blog about your listing...

I don't know about you, but if I had a listing I wanted to sell I would want as many people to blog about that listing as possible.

The issue is, if you blog about my listing and then I want to blog about my own listing, their may be some duplicate content issues with the search engines and since you blogged first you will get all the credit. Nope not likely to happen.

I'm not a Realtor, but I think you are right on with this. But again, I'm not a Realtor, so I guess my opinion probably doesn't mean squat!

The problem with needing permission is it becomes "The Good Old Boy" network. New business models are less likely to GET permission, and leaves them at a disadvantage. Something the DOJ frowns upon.

How do you pick whom you want to leave out in the cold?

Not a good answer.

Pointing out both the strenths and weaknesses is the problem. It sounds "fair", but a seller only wants to see their best foot forward in print.

Can you imagine a property flyer with the homes weaknesses listed? That's what a blog article would do. If not in the post itself, then in the comments.

Similar to the Q & A problems of Zillow. Sellers would have to own their negatives. We all know most don't.

Bill,

I think the two sides of real estate representation need to be delineated. When an agent takes a listing, they are agreeing to market and sell the property for the seller to the best of their ability, as the listing agent. A buyer's agent brings the buyer. Right now the social dynamic is biased against realtors, that we don't provide enough value, etc. Hypothetically speaking, as a buyer's agent, I need to display my intimate market knowledge to show value to clients. Possibly the best way to do that is by blogging about the community and local listings. Listing Agents stand to gain because their listings can now receive far more attention and marketing, for free! And listing agents still get paid once the sale closes. It seems that if a listing agent were truly watching out for the interest of the seller, they would welcome extra marketing and appreciate the attention their listings receive.

A blog is unbiased commentary about a listing. If only the listing agent can blog about it, it would just be an advertisement.

It would be important to be transparent - i.e., be sure the reader knows that it is not the blogger's listing (unless it is, of course).

At least one agent I know comments on houses he previews on his website, but in a section that is password protected so that only his buyer clients can see the blog - he just puts it on his site because it's easier than calling the buyer to tell them what he thinks of the homes he's previewed.

Sharon,

I am afraid that is likely the only reasonable way to accomplish listing/blogging. I believe ZipRealty also works that way.

Jonathan, I offer the following points for your consideration with respect to an MLS rule.

The listing contract creates a contractual realtionship between the consumer and the Agency or Brokerage or however it called in the legislation governing the profession in the applicable jurisdiction.
Listing contracts may give the Agency or Brokerage the right to advertise the consumer's property for sale.
Licensees / salespeople employed by the Agency or Brokerage must adhere to the policies of the Agency or Brokerage. This would include policies about advertisng the listings of the Agency or Brokerage.
Any rules of a Multiple Listing Service are subordinate to the governing legislation and the listing contract.

I have had some people emailing me with questions regarding this post. Before I answer I should say that my blog does not reflect the official AR stance. It's 100% just my personal opinion. :)

I believe that if Realtors were allowed to blog about others listings, it would make our industry stronger. It is a great way to show consumers that we understand the happenings of the real estate market on a hyper local level like no one else.

I also want to be VERY clear. When I say blogging about listings I am in no way suggesting just putting the listing information into a blog post. Blogging about the listing should be 90% blogging commentary and 10% listing information. Check out this blog post written today on Socketsite.com for an example of what I mean.

Jonathan, I checked out the blog post on Socketsite and the poster's identity is unknown so I'm assuming the blogger/poster is not licensed, merely a member of the public.
What you are talking about in this post is licensees / REALTORS® blogging about the listings of other licensees / REALTORS®, isn't it?

Larry,

Yes, agent/members posting about other agent's listings. Because agents are barred from blogging about other members listings, the most successful local real estate blog sites are operated by non-real estate agents. (socketsite.com, curbed.com) To me that is totally lame, and really an embarrassment to the real estate industry. Until this rule is changed, this trend will continue.

Larry, IMHO I don't think the rules of the MLS are "subordinate to the governing legislation and the listing contract". The MLS can fine brokerages who violate MLS rules, as well as revoke mls priveleges for the brokerage...

Jonathan - I guess I take a different view of the rules on this - at least in our area - there is no specific mention of a blog. In my mind, I could certainly argue that blogging someone else's listings falls under IDX and is not considered an advertisement. Being part of the MLS committee when those IDX rules were drafted here, the "no ad" rule only applied to print and not to the web. I guess the real question, as you mention in the comments is that a blog is a commentary. I am thinking about many of the condo websites out there, you would typically see photos of the building, a listing box with all of the available inventory (all IDX information- sourced as MLS info only) and then some commentary of the hosting agent about the building - it's web page, not specifically a blog, but as long as you follow the IDX guidelines and credit the source of the listing info - you are in "safe space". If you can comment on an entire building or neighborhood, why would any one listing be any different? I look at the sockesite post and I think agents could blog that all day long here - and in fact are. I guess the rules really are different here... maybe everyone will start blogging South Florida listings - we have about 80,000 of them- there is room for everybody!

Thanks for you insight Beth! I have worked with a few MLS's in different states and they usually have very specific data display rules around their IDX policy. I would love it if blogging about other member's listings was covered under IDX rules. A Seattle company called Redfin was recently fined $50k from their MLS board for blogging about other agents listings.

I think at the best, this issue is a gray area in the rules. I just wish our local officials would interpret the rules to allow members to blog about listings.

AUG

2007

Larry, Oops! I looked back and saw my comment came in right after Jon's... hope you didn't feel we're ganging up on you (not the intention).

I'm planning on doing an architecture series about current homes on the market, and am prepping to get broker and agent permission on blogging about those listings. I can see how negative statements about a property can be detrimental to its sale. My strategy is a little different. Similar to a large, glossy book of Italian rental properties I received when planning my honeymoon, I intend to talk honestly and positively about the features and benefits each property offers. Just as the rental book never said, "Old home with tiny rooms, passed-down furniture, no tv or phone access" but instead "cozy, historic rooms with original period detailing and clean, heirloom furniture, and devoid of the usual city distractions (phone and tv)", a blogger can be accurate without being degrading of the listing. I imagine that "negative talk" (as opposed to positive but objective talk) is a key part in the controversy...

Sara,

A bigger part of the issue is that the blogger will get the buyer calls, vs. the listing company. So even when the post is positive, some brokers viewed it as trying to steal their buyer leads.

Ardell, that's a problem... makes sense however. I guess I hope I find those that are comfortable venturing out into new territory... If not, I will blog about expired listings (might be a great way to get myself in front of the sellers without specifically leading in with listing) and properties that have already sold (although it might be hard to get interior pics). I think in the long run, though, people like me who blog about listings and architecture etc (haven't delved into it yet) will be getting so much benefit that traditional business listing agents will start seeing the benefit of letting others blog... (Much like how the mls opened up to all agents, as opposed to office-run mls's which require you belong to a specific company) If you wanted to blog about my Seattle listing on Rain City Guide, I would think that's the best marketing possible... I wonder if agents who don't let others blog are more or less blog savvy? How much of a blog presence do they have? How much of their hesitation is fear based?

Maybe it's the traditional question of "Do we see blogging in real estate as a zero sum game or a win-win?" I'm inclined to think there is plenty for everyone. My blog will appeal to certain types of clients, and not others, and your blog with likewise draw certain clients and not others. If you blog about my listing, in my mind, you are just picking up the slack where I left off. If you get those clients, fine, because they were on your site anyways. Listing blogging to me is just another feature that adds value. Those reading my blog about my listing aren't going to somehow leave my blog and magically go read yours about my listing. Even blog readership itself is particular, such as the readership for Women's Home Journal or Reader's Digest. Blogs aren't area home searches---they're a destination site, involving the development of online rapport (even if the rapport is internalized without producing blog comments). The client comes back for that, not just for "listing info". Thus blogs about listings are like adding cherries to the pie---they increase the blogger's credibility, and I think we should all be doing it.

If we haven't established that type of online rapport with our blog readers so that , there's a good chance they're not going to call us anyway.

AUG

2007

I don't see a difference between blogging about a listing and/or advertising it on your web site. I think the IDX/Broker Reciporicity rules could apply the same to either situation. I consider them the same situation. I'm actually surprised that a board would differentiate between blogging about a listing and advertising it on a web site.

And let me add to that.... even without IDX I think an agent should still be able to blog about a listing for sale. Any agent can help a buyer with any available property if that buyer comes to them for assistance. I can think of a lot of situations where it might be nice to blog about another agent's listing.... maybe an agent specializes in selling horse farms and they just toured a new horse farm for sale. They have an extensive horse following and they want to share it with their customer.... tons of examples of why an agent might want to do that.

I had to leave another comment here because I just read a blog that was written about someone else's listing. There are of course other examples out there, but I definitely think this should be allowed. Commentary in the real estate market is so important.

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