Rules & Regs 12 Prohibitions And Requirements Part 3

“Internet Data Exchange” (“IDX”) is a means by which listing brokers permit limited electronic display and delivery of their active, pending and sold listing data, in accordance with the IDX rules set forth herein, by other participating Broker Participants and Real Estate Subscribers via the following authorized mediums under said Broker Participants and Real Estate Subscribers control: websites, mobile apps and audio devices. As used throughout this policy, “display” includes “delivery” of such listings.

a.     Authorization.  Subject to paragraphs (b) through (s) below, and notwithstanding anything in these rules and regulations to the contrary, Broker Participants and Real Estate Subscribers may electronically display aggregated MLS active, pending and sold listing information through either downloading or by framing such information on the MLS or association public access website (if such a site is available). The MLS’s download will include of publicly accessible sold listing data starting from January 1, 2012. “Publicly accessible” sold information as used in the IDX policy and rules means data that is available electronically or in hard copy to the public from city, county, state and other government records.

     b.     Consent. The listing brokers’ consent for such internet display is presumed, in satisfaction of Rule 12.8, unless a listing broker affirmatively notifies the MLS that the listing broker refuses to permit display on either on a blanket or on a listing-by-listing basis.  Listing brokers that refuse to permit other Broker Participants and Real Estate Subscribers to display their listing information on a blanket basis may not display MLS active listing information of other brokers’ listings. Even where listing brokers have given blanket authority for other Broker Participants and Real Estate Subscribers to partake in IDX display of their listings, such consent may be withdrawn on a listing-by-listing basis where the seller has affirmatively directed that their listing or their property address not appear on the Internet or other electronic forms of display or distribution.

c.     Control. Broker Participants and Real Estate Subscribers may only partake in IDX display on websites, applications for mobile devices and audio devices which they control.  Under IDX policy, “control” means that Broker Participants and Real Estate Subscribers must have the ability to add, delete, modify and update information as required by the IDX policy. All displays of IDX listings must also be under the actual and apparent control of the Broker Participant and/or Real Estate Subscriber and must be presented to the public as being that Broker Participant’s and/or Real Estate Subscriber’s display. Actual control requires that Broker Participants and Real Estate Subscribers have developed the display or caused the display to be developed for themselves pursuant to an agreement giving the Broker Participant and/or Real Estate Subscriber authority to determine what listings will be displayed, and how those listings will be displayed. Apparent control requires that a reasonable consumer receiving the Broker Participant’s and/or Real Estate Subscriber’s display will understand the display is the Broker Participant’s and/or Real Estate Subscriber’s, and that the display is controlled by the Broker Participant and/or Real Estate Subscriber.

d.     Display Content.  Broker Participants and Real Estate Subscribers shall not display confidential information fields, as determined by the MLS in the MLS’s sole discretion, such as that information intended for buyer brokers rather than consumers.

e.     Listing Attribution.  Listings with the status of active, contingent, pending or sold may be displayed and the statuses must be clearly identified to the viewer. All IDX listing displays shall identify the name of the listing firm and the name of the listing agent in a manner designed to easily identify such listing firm or agent. Such identification shall be in a reasonably prominent location and provide clear, conspicuous written or verbal identification of the name of the listing firm and listing agent. Displays of minimum information (e.g. a one-line or thumbnail search result, text messages, “tweets”, etc. of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. Audio delivery of listing content is exempt from this disclosure requirement only when all required disclosures are subsequently delivered electronically to the registered consumer performing the property search or linked to through the device's application.  

f.      Modifications and Augmentations. Broker Participants and R.E. Subscribers shall not modify or manipulate information relating to other participants listings. Broker Participants and R.E. Subscribers may augment their IDX display of MLS data with applicable property information from other sources to appear on the same webpage or display, clearly separated from the data supplied by the MLS. The source(s) of the information must be clearly identified in the immediate proximity to such data. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized fields.

g.     Source and Update.  Information displayed shall indicate the MLS as the source of the information being displayed, the MLS copyright information, the responsibility disclaimer and the most recent date updated, along with any other descriptive or identifying elements required by the MLS. Displays of minimum information (e.g. a one-line or thumbnail search result, text messages, “tweets”, etc. of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. Broker participants and real estate subscribers shall update all downloads and refresh all MLS downloads and IDX displays automatically fed by those downloads at least once every 12 hours.

h.     Usage Limitations.  Broker Participants and Real Estate Subscribers shall indicate on their displays 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.  Displays of minimum information (e.g. a one-line or thumbnail search result, text messages, “tweets”, etc. of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. Audio delivery of listing content is exempt from this disclosure requirement only when all required disclosures are subsequently delivered electronically to the registered consumer performing the property search or linked to through the device's application.

i.      Display Purpose.   Broker Participants and Real Estate Subscribers may not use IDX-provided listings for any purpose other than display as provided in these rules. This does not require Broker Participants and Real Estate Subscribers to prevent indexing of IDX listings by recognized search engines.

j.      Restricted Display.  Listings, including property addresses, can be included in IDX display except where sellers have directed their listing brokers to withhold their listings or the listings’ property address from all display on the Internet (including, but not limited to, publicly-accessible websites or VOWs). Restricted sales prices may not be shown or disclosed to the public.

k.     Selective Listing Display.  Not all listings from the MLS must be displayed as long as any exclusions from display on Broker Participants’ and Real Estate Subscribers’ IDX sites are based on objective criteria, e.g. type of property, listed price, listing status or geographical location. Selection of listings displayed on any IDX site must be independently made by each participant.

l.      Restricted Access and Distribution.  Sharing of the MLS compilation with any third party not authorized by the MLS is prohibited. Except as provided in the IDX policy and these rules, an IDX site or a Participant or user operating an IDX site or displaying IDX information as otherwise permitted may not distribute, provide or make any portion of the MLS database available to any person or entity.

m.    Brokerage Identification.  Any IDX display controlled by a Broker Participant or Real Estate Subscriber must provide clear conspicuous written or verbal identification of the name of the brokerage firm under which they operate. i

n.    Co-Mingling. A Broker Participant or Real Estate Subscriber may co-mingle listings through IDX from this MLS with listings from other MLS sources on its IDX display, provided all such displays are consistent with these IDX rules. Co-mingling is the ability for a visitor to the website to execute a single property search of multiple IDX feeds resulting in the display of IDX information from each of the MLSs on a single search results page; and that Participants may display listings from each IDX feed on a single webpage or display. Listings obtained from other MLSs must display the source from which each such listing was obtained. Displays of minimum information

       (e.g. a one-line or thumbnail search result, text messages, “tweets”, etc. of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes all required disclosures. Audio delivery of listing content is exempt from this disclosure requirement only when all required disclosures are subsequently delivered electronically to the registered consumer performing the property search or linked to through the device's application.

o.     Third Party Comments and Automated Value Estimates.  Any IDX display controlled by a Broker Participant or Real Estate Subscriber that (a) allows third-parties to write comments or reviews about particular listings or displays a hyperlink to such comments or reviews in immediate conjunction with particular listings, or (b) displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing, shall disable or discontinue either or both of those features as to the seller’s listing at the request of the seller.  The listing broker or agent shall communicate to the MLS that the seller has elected to have one or both of these features disabled or discontinued on all displays controlled by Broker Participants and Real Estate Subscribers.  Except for the foregoing and subject to section (p) below, a Broker Participant’s or Real Estate Subscriber’s IDX display may communicate the Broker Participant’s or Real Estate Subscriber’s professional judgment concerning any listing.  Nothing shall prevent an IDX display from notifying its viewers that a particular feature has been disabled at the request of the seller.

p.     Making Corrections.  Broker Participants and Real Estate Subscribers shall maintain a means (e.g., e-mail address, telephone number) to receive comments about the accuracy of any data or information that is added by or on behalf of Broker Participants and Real Estate Subscribers beyond that supplied by the MLS and that relates to a specific property.  Broker Participants and Real Estate Subscribers shall correct or remove any false data or information relating to a specific property upon receipt of a communication from the listing broker or listing agent for that property explaining why the data or information is false.  However, the Participants and Subscribers shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment.

q.     Search Result Limitation. The MLS may establish reasonable limits on the amount of data/number of listings that consumers may retrieve or download in response to an inquiry.

r.     Advertising. Deceptive or misleading advertising (including co-branding) on pages displaying IDX-provided listings is prohibited. For purposes of these rules, co-branding will be presumed not to be deceptive or misleading if the Broker Participant’s and/or Real Estate Subscriber’s logo and contact information is larger than that of any third party.

s.     Disclaimer. Broker Participants and Real Estate Subscribers shall indicate on their displays, in a manner readily visible to consumers but not less than 7 pt type, the following, or substantially similar, notice: 

Based on information from the MLSListings MLS as of _____ (date the MLS data was obtained).  All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information.

Displays of minimum information (e.g. a one-line or thumbnail search result, text messages, “tweets”, etc. of two hundred (200) characters or less) are exempt from this requirement but only when linked directly to a display that includes the required disclosure. Audio delivery of listing content is exempt from this disclosure requirement only when all required disclosures are subsequently delivered electronically to the registered consumer performing the property search or linked to through the device's application.  

For violation of this section, see Appendix A, Citable Infractions, 5.2, Violation of IDX Rules.

Broker Participants and Real Estate Subscribers partaking in the display of IDX information of other brokers’ listings pursuant to Section 12.16 must notify the MLS before displaying said IDX information and must give the MLS direct access as well as allow access for other MLS participants for purposes of monitoring/ensuring compliance with applicable rules and policies.

For violation of this section, see Appendix A, Citable Infractions, 5.2, Violation of IDX Rules.

12.16.2 Right to Charge for Download

If the MLS advertises MLS information on the Internet or licenses MLS information for advertising on the Internet, the listing broker also shall have the right to opt out of such advertising in accordance with the MLS’s procedures for opting out. The listing broker shall have the right to refuse to have listings displayed on a blanket basis or on a listing-by-listing basis in accordance with Section 12.16 by affirmatively notifying the MLS in accordance with the MLS procedures for opting out. Notwithstanding anything in these rules and regulations to the contrary, the MLS reserves the right to determine whether to provide Internet advertising services and whether such services are to be made available to non-MLS members.

MLS participants’ firm websites shall disclose the firm’s name and state(s) of licensure in a reasonable and readily apparent manner.  Websites of subscribers affiliated with a participant’s firm shall disclose the firm’s name and the subscriber’s state(s) of licensure in a reasonable and readily apparent manner.

For violation of this section, see Appendix A, Citable Infractions, 5.4, Failure to Provide Adequate Informational Notice on Print or Non-Print Forms of Advertising or Other Forms of Public Representations.