(a): A Virtual Office Website (“VOW”) is a
Participant’s Internet website, or a feature of a Participant’s website,
through which the Participant is capable of providing real estate
brokerage services to consumers with whom the Participant has first
established a broker-consumer relationship (as defined by state law)
where the consumer has the opportunity to search MLS Listing
Information, subject to the Participant’s oversight, supervision, and
accountability. A non-principal broker or sales licensee affiliated
with a Participant may, with his or her Participant’s consent, operate a
VOW. Any VOW of a non-principal broker or sales licensee is subject to
the Participant’s oversight, supervision, and accountability.
(b) As used in Section 19 of these Rules, the term “Participant”
includes a Participant’s affiliated non-principal brokers and sales
licensees – except when the term is used in the phrases “Participant’s
consent” and “Participant’s oversight, supervision, and
accountability”. References to “VOW” and “VOWs” include all VOWs,
whether operated by a Participant, by a non-principal broker or sales
licensee, or by an Affiliated VOW Partner (“AVP”) on behalf of a
Participant.
(c) “Affiliated VOW Partner” (“AVP”) refers to an entity or person
designated by a Participant to operate a VOW on behalf of the
Participant, subject to the Participant’s supervision, accountability
and compliance with the VOW Policy. No AVP has independent participation
rights in the MLS by virtue of its right to receive information on
behalf of a Participant. No AVP has the right to use MLS Listing
Information except in connection with operation of a VOW on behalf of
one or more Participants. Access by an AVP to MLS Listing Information
is derivative of the rights of the Participant on whose behalf the AVP
operates a VOW.
(d) As used in Section 19 of these Rules, the term “MLS Listing
Information” refers to active listing information and sold data provided
by Participants to the MLS’s GLD and aggregated and distributed by the
MLS to Participants.
Section 19.2 (a): The right of a Participant’s VOW to display MLS
Listing Information is limited to that supplied by the MLS(s) in which
the Participant has participatory rights. However, a Participant with
offices participating in different MLSs may operate a master website
with links to the VOWs of the other offices.
(b) Subject to the provisions of the VOW Policy and these Rules, a
Participant’s VOW, including any VOW operated on behalf of a Participant
by an AVP, may provide other features, information, or functions, e.g.
Internet Data Exchange (“IDX”).
(c) Except as otherwise provided in the VOW Policy or in these Rules,
a Participant need not obtain separate permission from other MLS
Participants whose listings will be displayed on the Participant’s VOW.
Section 19.3 (a): Before permitting any consumer to search for or
retrieve any MLS Listing Information on his or her VOW, the Participant
must take each of the following steps:
(i) The Participant must first establish with that consumer a lawful
broker-consumer relationship (as defined by state law), including
completion of all actions required by state law in connection with
providing real estate brokerage services to clients and customers
(hereinafter “Registrants”). Such actions shall include, but are not
limited to, satisfying all applicable agency, non-agency, and other
disclosure obligations, and execution of any required agreements.
(ii) The Participant must obtain the name of, and a valid email
address for, each Registrant. The Participant must send an email to the
address provided by the Registrant confirming that the Registrant has
agreed to the Terms of Use (described in subsection (d) below). The
Participant must verify that the email address provided by the
Registrant is valid and that the Registrant has agreed to the Terms of
Use.
(iii) The Participant must require each Registrant to have a user
name and a password, the combination of which is different from those of
all other Registrants on the VOW. The Participant may, at his or her
option, supply the user name and password or may allow the Registrant to
establish its user name and password. The Participant must also assure
that any email address is associated with only one user name and
password.
(b) The Participant must assure that each Registrant’s password
expires on a date certain but may provide for renewal of the password.
The Participant must at all times maintain a record of the name, email
address, user name, and current password of each Registrant. The
Participant must keep such records for not less than 180 days after the
expiration of the validity of the Registrant’s password.
(c) If the MLS has reason to believe that a Participant’s VOW has
caused or permitted a breach in the security of MLS Listing Information
or a violation of MLS rules, the Participant shall, upon request of the
MLS, provide the name, email address, user name, and current password,
of any Registrant suspected of involvement in the breach or violation.
The Participant shall also, if requested by the MLS, provide an audit
trail of activity by any such Registrant.
(d) The Participant shall require each Registrant to review, and
affirmatively to express agreement (by mouse click or otherwise) to, a
“Terms of Use” provision that provides at least the following:
i. That the Registrant acknowledges entering into a lawful consumer-broker relationship with the Participant;
ii. That all information obtained by the Registrant from the VOW is
intended only for the Registrant’s personal, non-commercial use;
iii. That the Registrant has a bona fide interest in the purchase,
sale, or lease of real estate of the type being offered through the VOW;
iv. That the Registrant will not copy, redistribute, or retransmit
any of the information provided except in connection with the
Registrant’s consideration of the purchase or sale of an individual
property;
v. That the Registrant acknowledges the MLS’s ownership of, and the validity of the MLS’s copyright in, the MLS database.
(e) The Terms of Use Agreement may not impose a financial obligation
on the Registrant or create any representation agreement between the
Registrant and the Participant. Any agreement entered into at any time
between the Participant and Registrant imposing a financial obligation
on the Registrant or creating representation of the Registrant by the
Participant must be established separately from the Terms of Use, must
be prominently labeled as such, and may not be accepted solely by mouse
click.
(f) The Terms of Use Agreement shall also expressly authorize the
MLS, and other MLS Participants or their duly authorized
representatives, to access the VOW for the purposes of verifying
compliance with MLS rules and monitoring display of Participants’
listings by the VOW. The Agreement may also include such other
provisions as may be agreed to between the Participant and the
Registrant.
Section 19.4: A Participant’s VOW must prominently display an e-mail
address, telephone number, or specific identification of another mode
of communication (e.g., live chat) by which a consumer can contact the
Participant to ask questions, or get more information, about any
property displayed on the VOW. The Participant, or a non-principal
broker or sales licensee licensed with the Participant, must be willing
and able to respond knowledgeably to inquiries from Registrants about
properties within the market area served by that Participant and
displayed on the VOW.
Section 19.5: A Participant’s VOW must employ reasonable efforts to
monitor for, and prevent, misappropriation, “scraping”, and other
unauthorized use of MLS Listing Information. A Participant’s VOW shall
utilize appropriate security protection such as firewalls as long as
this requirement does not impose security obligations greater than those
employed concurrently by the MLS.
Section 19.6 (a): A Participant’s VOW shall not display listings or
property addresses of any seller who has affirmatively directed the
listing broker to withhold the seller’s listing or property address from
display on the Internet. The listing broker shall communicate to the
MLS that the seller has elected not to permit display of the listing or
property address on the Internet. Notwithstanding the foregoing, a
Participant who operates a VOW may provide to consumers via other
delivery mechanisms, such as email, fax, or otherwise, the listings of
sellers who have determined not to have the listing for their property
displayed on the Internet.
(b) A Participant who lists a property for a seller who has elected
not to have the property listing or the property address displayed on
the Internet shall cause the seller to execute a document that includes
the following (or a substantially similar) provision:
Seller Opt-Out Form
Please check either Option a or Option b
a.[ ] I have advised my broker or sales agent that I do not want the listed property to be displayed on the Internet.
OR
b.[ ] I have advised my broker or
sales agent that I do not want the address of the listed property to be
displayed on the Internet.
I understand and acknowledge that, if I have selected option a,
consumers who conduct searches for listings on the Internet will not see
information about the listed property in response to their search.
___________
initials of seller
(c) The Participant shall retain such forms for at least one year
from the date they are signed, or one year from the date the listing
goes off the market, whichever is greater.
Section 19.7:
(a) Subject to subsection (b), a Participant’s VOW may allow
third-parties (i) to write comments or reviews about particular listings
or display a hyperlink to such comments or reviews in immediate
conjunction with particular listings, or (ii)
display an automated estimate of the market value of the listing (or
hyperlink to such estimate) in immediate conjunction with the listing
(b) Notwithstanding the foregoing, at the request of a seller the
Participant shall disable or discontinue either or both of those
features described in subsection (a) as to any listing 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 Participants’ websites. Subject to the foregoing
and to Section 19.8, a Participant’s VOW may communicate the
Participant’s professional judgment concerning any listing. A
Participant’s VOW may notify its customers that a particular feature has
been disabled “at the request of the seller.”
Section 19.8: A Participant’s VOW shall maintain a means (e.g.,
e-mail address, telephone number) to receive comments from the listing
broker about the accuracy of any information that is added by or on
behalf of the Participant beyond that supplied by the MLS and that
relates to a specific property displayed on the VOW. The Participant
shall correct or remove any false information relating to a specific
property within 48 hours following receipt of a communication from the
listing broker explaining why the data or information is false. The
Participant shall not, however, be obligated to correct or remove any
data or information that simply reflects good faith opinion, advice, or
professional judgment.
Section 19.9: A Participant shall cause the MLS Listing Information
available on its VOW to be refreshed at least once every three (3) days.
Section 19.10: Except as provided in these rules, the National Association of Realtors®
VOW Policy, or any other applicable MLS rules or policies, no
Participant shall distribute, provide, or make accessible any portion of
the MLS Listing Information to any person or entity.
Section 19.11: A Participant’s VOW must display the Participant’s
privacy policy informing Registrants of all of the ways in which
information that they provide may be used.
Section 19.12: A Participant’s VOW may exclude listings from display
based only on objective criteria, including, but not limited to, factors
such as geography, list price, type of property.
Section 19.13: A Participant who intends to operate a VOW to display
MLS Listing Information must notify the MLS of its intention to
establish a VOW and must make the VOW readily accessible to the MLS and
to all MLS Participants for purposes of verifying compliance with these
Rules, the VOW Policy, and any other applicable MLS rules or policies.
Section 19.14: A Participant may operate more than one VOW himself or
herself or through an AVP. A Participant who operates his or her own
VOW may contract with an AVP to have the AVP operate other VOWs on his
or her behalf. However, any VOW operated on behalf of a Participant by
an AVP is subject to the supervision and accountability of the
Participant.
Note: Adoption of Sections 19.15 –19.19 is at the discretion of the
MLS. However, if any of the following sections are adopted, an
equivalent requirement must be imposed on Participants’ use of MLS
Listing Information in providing brokerage service through all other
delivery mechanisms.
Section 19.15: A Participant’s VOW may not make available for search
by, or display to, Registrants any of the following information:
a. Expired and withdrawn listings.
b. The compensation offered to other MLS Participants.
c. The type of listing agreement, i.e., exclusive right to sell or exclusive agency.
d. The seller’s and occupant’s name(s), phone number(s), or e-mail address(es).
e. Instructions or remarks intended for
cooperating brokers only, such as those regarding showings or security
of listed property.
f. Sales price if sold information is not publicly accessible in the jurisdiction of the MLS
Section 19.16: A Participant shall not change the content of any MLS
Listing Information that is displayed on a VOW from the content as it is
provided in the MLS. The Participant may, however, augment MLS Listing
Information with additional information not otherwise prohibited by
these Rules or by other applicable MLS rules or policies as long as the
source of such other information is clearly identified. This rule does
not restrict the format of display of MLS Listing Information on VOWs or
the display on VOWs of fewer than all of the listings or fewer than all
of the authorized information fields
Section 19.17: A Participant shall cause to be placed on his or her
VOW a notice indicating that the MLS Listing Information displayed on
the VOW is deemed reliable but is not guaranteed accurate by the MLS. A
Participant’s VOW may include other appropriate disclaimers necessary to
protect the Participant and/or the MLS from liability.
Section 19.18: A Participant shall cause any listing that is
displayed on his or her VOW to identify the name of the listing firm, the listing broker or agent, and the email or phone number provided by the listing participant in a readily visible color, in a reasonably
prominent location, and in typeface not smaller than the median
typeface used in the display of listing data.
Section 19.19: A Participant shall limit the number of listings that a Registrant may view, retrieve, or download to not more than 500 current listings and not more than 500 sold listings in response to any inquiry.
Note: The number of listings that may be viewed, retrieved, or
downloaded should be specified by the MLS in the context of this rule,
but may not be fewer than five hundred (500) listings or fifty percent
(50%) of the listings in the MLS, whichever is less. M
Section 19.20: A Participant shall require that Registrants’ passwords be reconfirmed or changed every _120__ days.
(Note: The number of days passwords remain valid before being changed
or reconfirmed must be specified by the MLS in the context of this rule
and cannot be shorter than 90 days. Participants may, at their option,
require Registrants to reconfirm or change passwords more frequently.)
Section 19.21: A Participant may display advertising and the
identification of other entities (“co-branding’) on any VOW the
Participant operates or that is operated on his or her behalf. However,
a Participant may not display on any such VOW deceptive or misleading
advertising or co-branding. For purposes of this Section, co-branding
will be presumed not to be deceptive or misleading if the Participant’s
logo and contact information (or that of at least one Participant, in
the case of a VOW established and operated on behalf of more than one
Participant) is displayed in immediate conjunction with that of every
other party, and the logo and contact information of all Participants
displayed on the VOW is as large as the logo of the AVP and larger than
that of any third party.
Section 19.22: A Participant shall cause any listing displayed on
his or her VOW that is obtained from other sources, including from
another MLS or from a broker not participating in the MLS, to identify
the source of the listing.
Section 19.23: A Participant shall cause any listing displayed on his
or her VOW obtained from other sources, including from another MLS or
from a broker not participating in the MLS, to be searched separately
from listings in the MLS.
Section 19.24: Participants and the AVPs operating VOWs on their behalf must execute the license agreement required by the MLS.
Section 19.25: Where a seller affirmatively directs their listing
broker to withhold either the seller’s listing or the address of the
seller’s listing from display on the Internet, a copy of the seller’s
affirmative direction shall be provided to the MLS within 48 hours.