Having been a member of NAR, TAR, and ABoR (Austin Board of Realtors) since 1999, I've seen some drastic changes in the way we do business. I'm too young to remember the MLS books, but I do remember a time we could use the word "MLS" as a way to discuss with clients and other real estate professionals where we receive information about a particular property. As in "The property is listed in the Austin MLS." At the beginning of this century, internet listings were around but only on a few selected sites owned or affiliated with NAR (i.e. Realtor.com). They also appeared on agent's personal sites. That's it! No IDX (Internet Data Exchange) or broker reciprocity. Google still focused on search domination and wasn't in the real estate listing game yet. And "ActiveRain" was only something that could possibly cause flooding.

Fast forward to 2007 and real estate listings are everywhere. A simple keyword phrase will get you millions and millions of sites with real estate listings. With the accessibility of "MLS Listings" I feel Realtors have solidified their position in the marketplace as information providers and real estate experts. NAR, TAR, and ABoR see it differently. They feel that with MLS listings displayed all across the internet, the term MLS is going to suffer the same fate as Kleenex. When you think of Kleenex™, you don't think of Kleenex as a trademarked product of the Kimberly-Clark Worldwide, Inc. You most likely think of it by its definition in Webster: a piece of soft absorbent paper (usually two or more thin layers) used as a disposable handkerchief.

ABoR is so adamant about Austin Realtors not using the terms "MLS" by it's "MLS" members. They are handing out fines if you mention MLS listings, MLS search, or anything with the word "MLS." Here's a sample of what will happen to members of the Austin Board of Realtors if we use the term "MLS" of our websites:

There is a new rule in Austin and, evidentially, heavily enforced. ABoR will not disclose to me how many Realtors have been fined. When I discuss my fines with the ABoR staff, I give them examples of Austin Realtors improperly using "Realtor" in their domain names. Kimbra Froehlich with ABoR wrote me any email explaining the Austin Board's position on improper use of "Realtor" terms:

Hi Ronnie,
ABor does not “target” certain members. Reports are run randomly.
As for her web domain name; that would be a TAR or TREC issue.
As for the term “MLS” she will be fined and will have to remove that.

Thank you for your time.

Kimbra Froehlich
Products  & Services Specialist
Austin Board of REALTORS ®

For those of you that do not live in Texas, TREC stands for Texas Real Estate Commission. They only handle licensing of real estate salespeople and brokers. They are a state agency and their main goal is to protect the public. TREC has no position in Realtor issues and are not in any way affiliated with the National Association of Realtors. I agree with her that TAR (Texas Association of Realtors) may care if "Realtor" is improperly used, but not TREC. I'm a little disappointed that ABoR couldn't care less about the term "Realtor" but will bend over backwards to stick it to you if you utter the word "MLS."

Are other MLS's around the country doing the same thing? What are your thoughts about disallowing MLS members from using MLS keywords?

IMO, disallowing Realtor and MLS members from using MLS terms give a competitive advantage to non-members who freely use MLS keyword terms for search engine optimization. If non members are able to stuff their pages with popular MLS keywords, will ABoR or NAR go after them in a lawsuit? I'm sure NAR would win all million or so cases, but do you want OUR associations squandering OUR money in that way? I currently receive a lot of traffic from MLS keywords through natural search. From my discussions with ABoR, we can still use MLS in our page title and meta descriptions, just not in the body. I do have a few keywords such as "MLS stats" and "MLS areas" that I haven't been fined for yet. I'm not sure if I will be fined again, but I'll continue to pay up until it doesn't make sense financially. I do not see any harm in it! I say ABoR should trust its members to dominate the search engine rankings with all Realtor and MLS terms. They should not make up rules out of fear that the MLS will one day be taken away. This shifts the competitive advantage to sucker lead companies such as HomeGain and HouseValues.