Auctions in the MLS

internet listing display policy

1. associations of realtors® and their multiple listing services must enable mls participants to display on participants' public websites ("internet listing display sites" or "ild sites") aggregated mls active listing information, subject to the requirements of state law, regulations and this policy.
   
   
   1. to comply with this requirement, mlss must, if requested by a participant, promptly provide basic "downloading" of all mls current listing information, including without limitation all non-confidential data fields, listings types, photographs, and any links to virtual tours. for purposes of this policy, "downloading" means electronic transmission of data from mls servers to participants' servers on a persistent or transient basis.
      
      
   2. associations and mlss may also offer, in addition and not in replacement, alternative display options including framing of board, mls, or other publicly-accessible sites displaying participants' listings (with permission of the framed site). this policy does not require associations or mlss to establish publicly accessible sites displaying participants' listings.
   
   
   
2. mlss may require that the participant (1) utilize appropriate security protections, such as firewalls, provided that any security obligations imposed on the participant may not be greater than those employed concurrently by the mls, and/or (2) maintain an audit trail of consumer activity on the ild site and make that information available to the mls if the mls has reason to believe that the participant's ild site has caused or permitted a breach in the security of the data or a violation of mls rules related to use by consumers.
   
   
3. unless state law requires prior written consent, each participant's consent for display of that participant's listings on the ild site of other mls participants is presumed unless a participant affirmatively notifies the mls in writing that it has withdrawn consent to such display ("opt out").
   
   
   1. a participant that opts out may not display on its ild site(s) (including by framing any other website), if any, the listings of any other mls participant provided by the mls.
      
      
   2. a participant that opts out may not permit display of its listings on any ild site of any other participant. it may, however, display its listings on public websites of third parties, including but not limited to realtor.com.
      
      
   3. a decision to opt out may not be revoked for a period of ninety (90) days from the date the decision becomes effective.
   
   
   
4. an mls that provides an ild-specific feed of listings that excludes the listings of participants that have opted out shall also identify for recipients of the feed those listings provided by participants who have opted out.
   
   
5. participants operating ild sites may provide to consumers via other delivery mechanisms, such as email, fax, or otherwise, the listings of participants who have opted out.
   
   
6. except as provided elsewhere in this policy or elsewhere in the rules or regulations of an mls, mls databases of current listing information, or any part of such databases, may not be distributed, provided, or made available to any person or entity.
   
   
7. except as expressly permitted herein, mlss may not adopt rules or regulations that are inconsistent with these policies.

1. any participant that wishes to establish an ild site must notify the mls of its intention at least 10 days in advance of establishing the site and must make its ild site directly accessible to the mls for purposes of monitoring/ensuring compliance with applicable rules and policies.
   
   
2. participants must protect ild 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 affirmatively directed their listing brokers to withhold their listing or property address from display on the internet shall not be accessible via ild sites. however, a participant may display on its ild site the listing or property address of consenting sellers who have listed their property with the participant.
   
   
4. participants may exclude listings from display on their ild sites based only on objective criteria including, but not limited to, factors such as geography, list price, type of property, type of listing, cooperative compensation offered by listing brokers, or realtor® membership held by the listing broker.
   
   
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 the rules and regulations of an mls, a participant operating an ild 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 ild site must clearly identify, in a readily visible color and typeface, the name of the brokerage firm under which it operates.
   
   
8. a participant who has opted out pursuant to this policy shall provide notice to sellers who list with such participant that, in accordance with the participant's decision to opt out, the seller's property will not be available for display on the ild sites of any other mls participant. participants shall make such disclosure to sellers and receive confirmation of such disclosure from sellers using a document that conforms to the "seller internet display choice form" attached to this policy as appendix 1.
   
   
   1. a participant who has opted out shall obtain the seller's initials on the "seller internet display choice form" prior to entering into a listing agreement with the seller and shall retain such form for at least one year.
      
      
   2. a participant who has opted out shall also, using the "seller internet display choice form," provide the seller the opportunity to select to have the listing included among those that participants operating ild sites may display. in such cases, the participant shall notify the mls at the time it submits the listing that the listing may be displayed on other mls participants' ild sites. a participant may decline to accept a listing from a seller who requests that his property be available for display on other mls participants' ild sites.
   
   
   
9. mlss may not prohibit or regulate display of advertising or the identification of entities other than the operator of the site on ild sites ("branding" or "co-branding"), except:
   
   
   1. to impose the requirements of iii. 5 and 6 of this policy, or
   2. to prohibit deceptive or misleading advertising or co-branding.
   
   for purposes of this provision, "co-branding" is deceptive or misleading if a reasonable consumer cannot readily determine the identity of the operator of the site
   
   
10. participants may operate more than one ild site.
    
    
11. mlss may not prohibit participants from enhancing their ild sites by providing information obtained from sources other than the mls or additional technological services such as mapping functionality.

1. prohibit display of expired, withdrawn, or pending listings, or listings of properties that have been sold by other participants.
   
   
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 mls listing information displayed not be modified. mls data may be augmented with additional data not otherwise prohibited from display as 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, e.g., the mls.
   
   
9. require that listings obtained from sources other than the mls, 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 that consumers may be interested in purchasing
    
    
11. establish reasonable limits on the amount of data/number of listings that consumers may retrieve, download, or be provided in response to an inquiry, but in no event may the limit be fewer than 50 listings.
    
    
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' ild sites may also include other disclaimers necessary to protect the participant and/or the mls from liability.

1. mlss may, but are not required to, limit the right to operate an ild site to mls participants licensed as real estate brokers.
   
   
2. mlss may, but are not required to, allow non-principal brokers and sales licensees affiliated with mls participants to operate their own ild sites. ild sites operated by non-principal brokers and sales licensees affiliated with mls participants are subject to the participants' consent and control and the requirements of state law and/or regulation.
   
   
3. mlss may not prohibit participants from downloading and displaying or framing listings obtained from other sources, e.g., other mlss or from brokers not participating in that mls, etc., but may, as a matter of local option, require that an ild site be searched separately from listings obtained from other sources, including other mlss.
   
   
4. 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 must reasonably relate to the actual costs incurred by the mls.