The Austin Board of Realtors (ABoR) is taking a strong stance against Austin MLS members using the term "Austin MLS" on their web sites. This creates a competitive advantage for web sites that are not associated with, nor abide by, the rules of the Austin MLS drawn up by the ABoR Board of Directors. It's not that they are stupid, they just do not have a clue that about internet marketing. If Realtor Boards such as ABoR continue the censorship of their members, 3rd party companies such as HomeGain .com, Realtor .com, and all the other hack lead generation companies will start to dominate "MLS" keyword terms and profit from the additional traffic. But not to worry, they will sell the "MLS" lead back to you!
This post contains all email correspondence between myself and Kimbra Froehlich, ABoR "Data Quality Assurance" (aka the "punish-err"). All emails were sent to Kimbra, the ABoR Board of Directors, and a select few Austin Realtor friends of mine. Everyone except the ABoR directors responded. Unlike an email thread, this post is chronologically ordered from Oldest (top) to Newest (bottom).
*The emails below are unedited with the exception of the excessive " bolding" of MLS and Austin MLS references throughout the post.
Please forgive me Baby Jesus!!!
Enjoy!
Austin MLS Email #1
From: Kimbra Froehlich [mailto:KFroehlich@abor.com]
Sent: Monday, October 01, 2007 9:56 AM
To: Ronnie Bredahl
Cc: ABoR Better Data
Subject: Improper Use of Term MLS
Importance: High
October 1, 2007
Ronnie Bredahl
Invoice PENDING
Austin Referral Realty, Inc.
Dear Mr. Bredahl:
It has come to our attention that your web site. www.info@austinreferralrealty.com includes a reference to the ability to search the “MLS.”
Austin Home Search - Old Austin home search (Austin MLS Listings - only available ... Simple Austin home search provided by the Austin Board of Realtors. ...
www.austinrealestatemarket.com/ - 17k - Cached - Similar pages
Austin Real Estate Market provides free Austin MLS search available homes for sale in Austin Texas and ... Use this Map to search for your new home. ...
www.austinrealestatemarket.com/austin_mls.htm - 20k - Cached - Similar pages
More results from www.austinrealestatemarket.com
Because the information available through member web sites is not truly the entire ACTRIS MLS database, the reference is incorrect and misleading.
Below is an excerpt from the ACTRIS Rules & Regulations, Section 3, Immediate Fines, which states:
IMPROPER USE OF TERM “MLS” OR “MULTIPLE LISTING SERVICE
$100 per offense
Because information accessible on Participants’ web sites is not the full ACTRIS MLS, Participants may not use terms that directly or indirectly imply that the public is searching the ACTRIS MLS from their web site.
This rule became effective February 1, 2006. It was published in the January 2006 Realtor newsletter, the spring 2006 edition of the ACTRIS Bulletin and the information is currently displayed on the Tempo Welcome page.
You are invited to join us in reviewing this and other policy updates, new services and current procedures during a free Lunch & Learn education workshop. If you have not attended a session within the past 12 months, you can have this fine waived by attending the next class. Personal Assistants who are registered ABoR members are welcome to attend, but in order to have this invoice waived, your attendance is required. Reservations can be made on the COURSES page of www.abor.com. This assessment must be taken care of within 90 days of the date on the enclosed invoice.
If you have any questions, please feel free to call.
Sincerely,
Lydia Valadez
512-454-7636 x 1112
Kimbra Froehlich
Data Quality Assurance
betterdata@abor.com
cc: Designated Realtor
_______________________________________________________________________
Austin MLS Email #2
From: Ronnie Bredahl [mailto:info@austinreferralrealty.com]
Sent: Monday, October 01, 2007 11:19 AM
To: 'john@rosshirt.com'; 'crporter@sbcglobal.net'; 'socarsellshomes@austin.rr.com'; 'dfoster@abor.com'; 'paulaadkins@austin.rr.com'; 'kayandrews@aveone.com'; 'jeanne@austinhomes4sale.com'; 'jay@jaygohilrealty.com'; 'shelia@hawkinsbucklew.com'; 'horton@realtyworldaustin.com'; 'lizanne@greateraustinrealestate.com'; 'jcs@austinhomesource.com'; 'williams@kw.com'; 'jeffosborne@remax.net'; 'judith@austintxhomesonline.com'; 'lennyaguerrero@msn.com'
Cc: 'abor.watch@earthlink.net'; 'KFroehlich@abor.com'; 'KPiegols@abor.com'
Subject: Improper Use of Term MLS
Kimbra Froehlich asked that I directly contact the ABoR BOD regarding this matter.
From AustinHomeSearch.com meta description....
Because the information available through member web sites is not truly the entire ACTRIS MLS database, the reference is incorrect and misleading. Below is an excerpt from the ACTRIS Rules & Regulations, Section 3, Immediate Fines, which states: IMPROPER USE OF TERM “MLS” OR “MULTIPLE LISTING SERVICE” $100 per offense Because information accessible on Participants’ web sites is not the full ACTRIS MLS, Participants may not use terms that directly or indirectly imply that the public is searching the ACTRIS MLS from their web site.
ABoR fines members who mention the term "MLS" on their web sites but continue to market the term on austinhomesearch.com which they own and operate. In fact, austinhomesearch.com ranks #1 in Google for "Austin MLS." Nobody likes a hypocrite. I request a full report from the ABoR Board of Directors on all ABoR member fines for IMPROPER USE OF TERM “MLS” OR “MULTIPLE LISTING SERVICE” since February 2006. I request a full copy of the ABoR Bylaw Committee Meeting minutes discussing adding rule that allows ABoR to fine members for using "MLS" terms on their web sites If this is not the proper forum to request such documentation, please advise.
Have a great day!
Ronnie Bredahl
Broker/Owner
Austin Referral Realty, Inc.
Phone (512) 785-9050
Fax (512) 892-0709
Email: info@austinreferralrealty.com
http://www.AustinReferralRealty.com
http://www.AustinRealEstateMarket.com
_______________________________________________________________________
Austin MLS Email #3
From: Kimbra Froehlich [mailto:KFroehlich@abor.com]
Sent: Monday, October 01, 2007 11:27 AM
To: Ronnie Bredahl; john@rosshirt.com; crporter@sbcglobal.net; socarsellshomes@austin.rr.com; David Foster; paulaadkins@austin.rr.com; kayandrews@aveone.com; jeanne@austinhomes4sale.com; jay@jaygohilrealty.com; shelia@hawkinsbucklew.com; horton@realtyworldaustin.com; lizanne@greateraustinrealestate.com; jcs@austinhomesource.com; williams@kw.com; jeffosborne@remax.net; judith@austintxhomesonline.com; lennyaguerrero@msn.com
Cc: abor.watch@earthlink.net; Stan Martin
Subject: RE: Improper Use of Term MLS
Ronnie,
Thank you for sending your letter. I would like to remind you as per our conversation that No Fines were issued to you today; you received only a warning. Our only intention is to ensure that the public does not misunderstand any advertising of the term MLS. Thanks for your time.
Kimbra Froehlich
Products Services Specialist
Austin Board of REALTORS ®
512-454-7636 x 1106
_______________________________________________________________________
Austin MLS Email #4
From: Ronnie Bredahl [mailto:info@austinreferralrealty.com]
Sent: Monday, October 01, 2007 11:43 AM
To: 'Kimbra Froehlich'; 'john@rosshirt.com'; 'crporter@sbcglobal.net'; 'socarsellshomes@austin.rr.com'; 'David Foster';
'paulaadkins@austin.rr.com'; 'kayandrews@aveone.com'; 'jeanne@austinhomes4sale.com'; 'jay@jaygohilrealty.com';
'shelia@hawkinsbucklew.com'; 'horton@realtyworldaustin.com'; 'lizanne@greateraustinrealestate.com';
'jcs@austinhomesource.com'; 'williams@kw.com'; 'jeffosborne@remax.net'; 'judith@austintxhomesonline.com';
'lennyaguerrero@msn.com'
Cc: 'abor.watch@earthlink.net'; 'Stan Martin'
Subject: RE: Improper Use of Term MLS
Kimbra,
Thanks for the quick response. I understand that no fines were issued today. Please provide the requested documentation so we can determine ABoR's intentions as they are not crystal clear (much like the "improper MLS term" rule itself). This rule has led to much misunderstanding among ABoR members and staff alike. Every ABoR Staff Member I have talked to has a different interpretation of the rule leading to poor advice and multiple fines.
The general public has never thought they have full access the the Austin MLS. Please provide references. In fact, tell them to call me at (512) 785-9050.
Thanks,
Ronnie Bredahl
Broker/Owner
Austin Referral Realty, Inc.
Phone (512) 785-9050
Fax (512) 892-0709
Email: info@austinreferralrealty.com
http://www.AustinReferralRealty.com
http://www.AustinRealEstateMarket.com
_______________________________________________________________________
Austin MLS Email #5
From: Ronnie Bredahl [mailto:info@austinreferralrealty.com]
Sent: Wednesday, October 03, 2007 5:28 AM
To: 'KFroehlich@abor.com'; 'john@rosshirt.com'; 'crporter@sbcglobal.net'; 'socarsellshomes@austin.rr.com'; 'dfoster@abor.com'; 'paulaadkins@austin.rr.com'; 'kayandrews@aveone.com'; 'jeanne@austinhomes4sale.com'; 'jay@jaygohilrealty.com'; 'shelia@hawkinsbucklew.com'; 'horton@realtyworldaustin.com'; 'lizanne@greateraustinrealestate.com'; 'jcs@austinhomesource.com'; 'williams@kw.com'; 'jeffosborne@remax.net'; 'judith@austintxhomesonline.com'; 'lennyaguerrero@msn.com'; 'betterdata@abor.com'; 'ProfessionalStandards@abor.com'; 'abor.watch@earthlink.net'
Subject: RE: Improper Use of Term MLS (2nd Request)
Dear ABoR BOD,
While patiently waiting for a response from my email sent to you on Monday, October 1, 2007, I have read many viewpoints on this issue. In doing these type of searches, I have found so much upsetting information about NAR I'm surprised we still have a leg up on used car salesmen from a public perception standpoint. Back to the "Improper Use of Term MLS" rule: I am in total agreement with ABoR that members should not intentionally mislead or misrepresent the public into believing they have full access to the MLS or that they can search the MLS from a public site.
Please read my web site in full context. It explains IDX to consumers on my homepage and even states that "Austin Real Estate Market does not offer any version of the Austin MLS to consumers or clients." I do not intentionally mislead or deceive the public in any way. However, my target market is "reasonable people who are (at minimum) slightly educated." I do not account for the lowest common denominators of society and neither does any Realtor in residential sales. Kirk Piegols and Beth Gatlin have both told me that the "Improper Use of Term MLS" rule only applies to the < BODY > of the page. While this may/may not be correct, the verbiage of the rule is very unclear and subject to interpretation. Is the lack of ABoR staff members knowledge regarding this rule and the passing along of misinformation a burden ABoR places on *MLS-Realtor members? I'm a big fan of, "if you don't know what you're talking about, SHUT YOUR MOUTH!"
On the other side of the fence, you have the non-members (or webmasters whom you have no authority over). Here is a prime example of a non-member site (http://www.supermls.com/ ) that will greatly benefit from the "Improper Use of Term MLS" rule put in place by ABoR. Talk about misrepresentation and infringement of the "MLS" name, which ABoR states is trademarked.
On that note, please point me in the right direction for verification of ABoR's trademark of "MLS" term(s): United States Patent and Trademark Office. If you can, please provide both reference numbers and serial numbers for "MLS" marks held by ABoR and/or ACTRIS. I'm coming up short.
When ABoR made up a rule that bans all MLS members from using "MLS" terms, they should have been prepared to file suits on all non-members infringing on the MLS Trademark. The traffic aggregator sites are the ones who will be running away with "MLS" search term traffic in the near future if ABoR continues to restrain fair competition. There are thousands of non-member sites stuffing competitive "MLS" search terms, meta tags, and anchor text onto their pages waiting for the next Google update. Be patient, they'll pop up on the search engine radar soon enough if ABoR continues to discourage fair competition among the paying *MLS-Realtor members.
Traffic aggregators drive traffic to their sites using "MLS" keyword rich content and MLS Data Feeds from Realtor/MLS boards across the nation (i.e...Realtor.com, supermls.com...same thing if you ask me). The *MLS-Realtor boards get paid for selling MLS Data Feeds compiled by paying MLS-Realtor members. NAR makes unclear of it's economic relationship with for-profit companies such as HomeStore, which brings me to my next question.....
Who is the primary beneficiary of MLS Data Feed income from national traffic aggregator sites? Is this on a regional or national level?
The aggregators get paid in the way of selling MLS keyword leads generated based on the information the MLS-Realtors members provided their local MLS. It's ironic how it comes back full-circle to the "data-entry" personnel (aka *MLS-Realtors members). In America, people pay to join trade associations because they get their money's worth from the dues. NAR is one of the rare cases where the trade organization is actually cheating its own MLS-Realtor members. It's 2007! What reputable trade organizations still uses tie-in's to promote membership?...it's another issue for another email, but all these questions are related to the Sherman Act.
Everybody wins by enforcing the "Improper Use of Term MLS" rule with the exception of the MLS-Realtor Member: The very people that justify ABoR's existence.
This rule sets a precedence for *MLS-Realtor boards across the nation. Well it hasn't yet, because interestingly enough, no one has challenged it. Dialogue is the absolute best way to handle this situation, but as they say, "it takes two to tango!" You remain silence.....I want to know YOUR thoughts on this issue and how we can make it fair for all MLS members. I request clarification on this rule. I'm getting bored talking to myself........maybe David Barry has some input???
The Regional Multiple Listing Service of Minnesota set a rule last year disallowing MLS members from using "MLS" terms in their domain or company name. Which makes a lot of sense from a misrepresentation debate. Who wouldn't be confused if the url was http://www.TheAustinMLS.com? No joke, that's really a site (redirect)! While the Minnesota case is the most similar case I have found as of yet, it is hardly as questionable legally as ABoR's "Improper Use of Term MLS" rule which disallows all MLS verbiage by paying MLS members. Non-members still have free rein on the search engines! Why would ABoR make such a rule without thinking of the consequences and loss of business for its members? Does all the board members understand what SEO stands for? Traffic = Money on the Internet! It could be construed as an anti-trust action if one entity monopolizes a competitive keyword or keyword phrase by eliminating competition for that term, therefore gaining economically.
Here's what a couple of lawyers had to say regarding the Minnesota case.....
"In the consumer's mind, the MLS is listing data. I don't believe they want nor do they think that they're getting access to the entire MLS database. It seems like by doing this it's another way that the industry is trying to maintain the historical perspective on listing data as opposed to looking into the future and seeing how it can leverage that data. Instead of spending what brainpower is going into these rules ... I think there are bigger issues to be dealt with."
~ Russ Cofano, a Seattle-based real estate lawyer, speaker and consultant
"Protecting consumers from misleading advertising is a legitimate reason for adopting a rule." But if a rule lacks justification or is overly broad it could raise some legal questions. From an antitrust perspective, care needs to be taken to ensure that the rule is no broader than it needs to be."
~ John Roberti, a lawyer for Mayer, Brown, Rowe & Maw LLP who specializes in antitrust law and formerly worked for the U.S. Federal Trade Commission
Here is a complete list of the items I respectfully request from ACTRIS/ABOR...
- Full documentation on the meeting minutes for ACRTIS/ABOR of discussions of "Improper Use of Term MLS" rule.
- Full report from the ACTRIS/ABoR on all member fines for IMPROPER USE OF TERM “MLS” OR “MULTIPLE LISTING SERVICE” since February 2006.
- Provide MLS trademark numbers for all MLS marks ABoR has on record with United States Patent and Trademark Office, Texas SOS, or similar government trademark registers. The only reason I ask is because I have read many forums where Realtors debate the issue that "MLS" is a trademark or not. I would love to hear it straight from the horse's mouth. And from what I've read; Generic, vague terms such as "MLS" are rarely granted marks!
- If "MLS" is a registered ABoR mark, please provide all cases where ABoR pursued legal action against non-member sites infringing upon OUR "mark."
- Who is the primary beneficiary of MLS Data Feed income from national traffic aggregator sites? Is this on a regional or national level?
- Get a response from the ABoR Board of Directors regarding this matter in a reasonable timeframe.
I have no intentions of pursuing any legal action against ACTRIS or ABoR at this time. I honestly feel we can come to an agreement on this issue, in-house. We are all on the same team and I do not want to see our board implode with narrow-minded leadership. It seems like we (ABoR) have a lot of legal issues right now. Do you think our members enjoy hearing about anti-trust lawsuits against our board? IT'S SO EMBARRASSING!!! Anti-trust laws are criminal laws. Are we criminals? Let's stop making enemies faster than we're making friends! Let's get some ethical direction. Not NAR ethics, real-life business ethics. Sergey Brin and Larry Page said it best, Don't Be Evil! The seat you are keeping warm belongs to over 8,500 *MLS-Realtor members. Let's treat them with the respect they deserve. Please represent US!!!!
Thanks for your time and I look forward to hearing from you!
Ronnie Bredahl
Broker/Owner
Austin Referral Realty, Inc.
Phone (512) 785-9050
Fax (512) 892-0709
Email: info@austinreferralrealty.com
http://www.AustinReferralRealty.com
http://www.AustinRealEstateMarket.com
_______________________________________________________________________
Austin MLS Email #6
From: Kimbra Froehlich [mailto:KFroehlich@abor.com]
Sent: Wednesday, October 03, 2007 10:02 AM
To: Ronnie Bredahl; john@rosshirt.com; crporter@sbcglobal.net; socarsellshomes@austin.rr.com; David Foster;
paulaadkins@austin.rr.com; kayandrews@aveone.com; jeanne@austinhomes4sale.com; jay@jaygohilrealty.com;
shelia@hawkinsbucklew.com; horton@realtyworldaustin.com; lizanne@greateraustinrealestate.com; jcs@austinhomesource.com;
williams@kw.com; jeffosborne@remax.net; judith@austintxhomesonline.com; lennyaguerrero@msn.com; ACTRIS Better Data;
professionalstandards; abor.watch@earthlink.net
Cc: carol@caroldochen.com; town-countryrealty@sbcglobal.net; jeanne@austinhomes4sale.com; jay@jaygohilrealty.com; Valerie
Lyday; kevin_scanlan@kw.com; karenwilson@remax.net; Sylvia Medrano; ACTRIS Better Data
Subject: RE: Improper Use of Term MLS (2nd Request)
Good morning Ronnie,
Your letter has been sent to the wrong group; I apologize for any misunderstanding in that direction. This needs to be addressed by the ACTRIS Board of Directors. I am forwarding this to them for you. And will have this added to the agenda for their next meeting.
Thank You,
Kimbra Froehlich
Products Services Specialist
Austin Board of REALTORS ®
512-454-7636 x 1106
_______________________________________________________________________
Austin MLS Email #7
From: Ronnie Bredahl [mailto:info@austinreferralrealty.com]
Sent: Thursday, October 18, 2007 9:17 AM
To: 'Kimbra Froehlich'
Subject: RE: Improper Use of Term MLS (2nd Request)
Good Morning Kimbra,
What was the verdict in the ACTRIS meeting yesterday? Was the MLS term rule even discussed?
I have not heard back from a single person at ABoR regarding my requests.
Thanks,
Ronnie Bredahl
Broker/Owner
Austin Referral Realty, Inc.
Phone (512) 785-9050
Fax (512) 892-0709
Email: info@austinreferralrealty.com
http://www.AustinReferralRealty.com
http://www.AustinRealEstateMarket.com
_______________________________________________________________________
Austin MLS Email #8
From: Kimbra Froehlich [mailto:KFroehlich@abor.com]
Sent: Thursday, October 18, 2007 10:01 AM
To: Ronnie Bredahl
Subject: RE: Improper Use of Term MLS (2nd Request)
Ronnie,
Yes; your issue was discussed. You will be receiving your answer from the Administrative Assistant soon. It takes a little bit of time to translate the minutes of a board meeting. Thank you for your patience.
Kimbra Froehlich
Products Services Specialist
Austin Board of REALTORS ®
512-454-7636 x 1106
_______________________________________________________________________
Conclusion
After all that, this is the reply I get from ABoR Member Services. A freakin' boilerplate letter! Classic!
quick 1 minute compilation of generic mls terms
Acronym Meaning
MLS Mills
MLS Millilitres
MLS Major League Soccer
MLS Multi-Level Security
MLS Multiple Listing Service (real estate)
MLS Microwave Landing System
MLS Microwave Limb Sounder
MLS Maximum Length Sequence
MLS Master of Library and Information Science (degree)
MLS Michigan Lutheran Seminary (Saginaw, MI)
MLS Metropolitan Library System (Oklahoma City, Oklahoma)
MLS Multi-Layer Steel
MLS Mass Layoff Statistics (US Department of Labor)
MLS Multilevel Secure
MLS Multi-Layer Switching
As used in the military
Acronym Definition
MLS Multiple Listing Service (real estate)
MLS Machine Learning System
MLS Major League Soccer
MLS Manistique and Lake Superior Railroad
MLS Manitoba Land Surveyor
MLS Marine Load System
MLS Mass Layoff Statistics (US Department of Labor)
MLS Massive Loser Squad (Australia)
MLS Master Line State (Cisco)
MLS Master of Library and Information Science (degree)
MLS Matched Load Simulation
MLS Maximum Length Sequence
MLS Medium Long Shot (cinematography)
MLS Member and Leader Services (LDS Church)
MLS Metropolitan Library System (Oklahoma City, Oklahoma)
MLS Michigan Leukemia Society
MLS Michigan Lutheran Seminary (Saginaw, MI)
MLS Microphthalmia with Linear Skin Defects
MLS Microwave Landing System
MLS Microwave Leasing Services (tower services firm located in Ohio, Indiana, West Virginia, North Carolina)
MLS Microwave Limb Sounder
MLS Microwave Scan Beam Landing System (NASA; space shuttle)
MLS Mid-Line Shift
MLS Miles City, MT, USA - Miles City (airport code)
MLS Millilitres
MLS Mills
MLS Minimal Language Skills (clinical settings to describe clients who lack communication skills)
MLS Minimum Living Standard
MLS Missile Launching System
MLS Mobile Location Service
MLS Modified Lloyd Search
MLS Modular Load System
MLS Mont-La-Salle (Ain Seadé- Beirut- Lebanon)
MLS Mudline Suspension (oil and gas industry equipment)
MLS Multi-Layer Steel
MLS Multi-Layer Switching
MLS Multi-Level Security
MLS Multi-Level Segment
MLS Multi-Library Search
MLS Multi-Line Scan
MLS Multifrequency Laser Sounding
MLS Multilevel Secure
MLS Multiple Levels of Security
MLS Music Library System
;)
;)
