Policy II.1. Enabling VOWs

Text

A Participant may provide brokerage services via a VOW that include making MLS active listing data available, but only to consumers with whom the Participant has first established a lawful consumer-broker relationship, 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, nonagency, and other disclosure obligations, and execution of any required agreement(s).

Summary

This provision expressly permits brokers to operate VOWs and prevents MLSs from prohibiting them. It requires that there be brokerage relationship between consumer and broker meeting requirements of state law. A VOW will need to meet all the technical requirements for forming a broker/consumer relationship, even if brokers typically fail to carry some of them out in traditional circumstances. In states with agency disclosure requirements, for example, we have heard that a large percentage of brokers fail to make them when required; no such lapses will likely be permitted (either by MLS or regulators) on VOWs.

Action Items: MLS

  1. Ascertain what state law requires for the formation of broker/consumer relationship. Are disclosures required? Is a contract required?

Action Items: VOW-operating broker

  1. Ascertain what state law requires for the formation of broker/consumer relationship. Are disclosures required? Is a contract required?

Action Items: Affiliated VOW provider (broker technology/marketing partner)

  1. Ascertain what state law requires for the formation of broker/consumer relationship. Are disclosures required? Is a contract required?

Questions

None.

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.2. General requirement for registration

Text

A Participant's VOW must obtain the identity of each Registrant and obtain each Registrant's agreement to Terms of Use of the VOW, as follows:

Summary

This is the general requirement for registration. Detailed requirements appear in subsequent sub-sections.

Action Items: MLS

See sub-sections.

Action Items: VOW-operating broker

See sub-sections.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

See sub-sections.

Questions

None.

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.2.a. Registrant name, email address, and confirmation email

Text

A Registrant must provide his or her name and a valid email address. 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 c below). The Registrant may be permitted to access the VOW only after the Participant has verified that the email address provided is valid and that Registrant received the Terms of Use confirmation.

Summary

This section establishes the requirement for the VOW to collect the consumer’s name and email address. It requires the VOW to send an email to the consumer. It does not permit access to the VOW until VOW as “verified that the e-mail address provided is valid…” This thus requires what is sometimes described as a “double opt-in” by the consumer: she registers on the site, and then she confirms by clicking on an activation link on the email she receives that she is the person who registered on the site. Many VOWs operating “wild” for the last several years have used less strict means of registration. Note that there is no confirmation of the consumer’s name; she could register as “Minnie Mouse” and give an email address of “x83kdi@yahoo.com,” and as long as someone at the email address clicks on the link in the VOW’s email, the registration will be complete. Note that this makes it pretty easy for bots and spiders to register on a VOW.

Action Items: MLS

None.

Action Items: VOW-operating broker

  1. Revise your registration routine to conform to these requirements.
  2. Ensure that your registration routine does not provide access to the consumer until after she has clicked on a confirming link in the email your site sends her.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

See Action Items: VOW-operating broker.

Questions

  1. Can an MLS require that the registration screen on a VOW include a Captcha phrase, i.e., a phrase displayed in distorted text the consumer must type in before the registration is effective? This helps prevent registration by automated spiders and bots.

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.2.b. Unique passwords, expiration, record-keeping required

Text

The Registrant must supply a user name and a password, the combination of which must be different from those of all other Registrants on the VOW, before being permitted to search and retrieve information from the MLS database via the VOW. The user name and password may be established by the Registrant or may be supplied by the Participant, at the option of the Participant. An email address may be associated with only one user name and password.

The Registrant's password and access must expire on a date certain but may be renewed. The Participant must at all times maintain a record of the name and email address supplied by the Registrant, and the username and current password of each Registrant. Such records must be kept for not less than 180 days after the expiration of the validity of the Registrant's password.

If the MLS has reason to believe that a Participant's VOW has caused or permitted a breach in the security of the data or a violation of MLS rules related to use by one or more Registrants, the Participant shall, upon request, provide to the MLS a copy of the record of the name, email address, user name, current password, and audit trail, if required, of any Registrant identified by the MLS to be suspected of involvement in the violation.

Summary

This section provides details regarding how registrants’ IDs and passwords will be assigned and expire, and records that the broker must provide upon request to MLS.

Action Items: MLS

  1. Option: Decide, under Section III.6. of the Policy, whether to require brokers to retain an audit trail for VOWs.
  2. Option: Decide, under Section IV.2.b. of the Policy, whether to require passwords to expire within a certain timeframe. (MLS cannot set a timeframe less than 90 days.)

Action Items: VOW-operating broker

  1. Configure VOW registration interface to require the following:
    1. Each registrant has a unique user name at time of registration.
    2. Registrant chooses user name and password or VOW assigns it (at VOW-operating broker’s option).
    3. An email address may be associated with only one user name and password.
  2. Configure passwords to expire on some definite date in the future, and configure a means for the consumer to renew the password. (Option: consider emailing a notice warning the consumer her password is about to expire.)
  3. Inquire whether MLS has decided, under Section IV.2.b. of the Policy, to require passwords to expire within a certain timeframe. (MLS cannot set a timeframe less than 90 days.) If so, cause passwords to expire on the interval required by MLS.
  4. For each registrant, maintain the following until at least 180 days after expiration of the user name’s password: name, email address, user name, and password. (Note: The VOW’s privacy policy, required under Policy Section II.5.g., should inform the consumer of the possibility that this information will be disclosed to the MLS.) Be prepared to provide this information to MLS at its request.
  5. Inquire whether MLS has decided, under Section III.6. of the Policy, to require brokers to retain an audit trail for VOWs. If so, implement the necessary logging capabilities. (Note: The VOW’s privacy policy, required under Policy Section II.5.g., should inform the consumer of the possibility that this information will be disclosed to the MLS.) Be prepared to provide this information to MLS at its request.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

See Action Items: VOW-operating broker.

Questions

None.

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.2.c. Terms of Use

Text

The Registrant must be required affirmatively to express agreement to a "Terms of Use" provision that requires the Registrant to open and review an agreement that provides at least the following:

i. That the Registrant acknowledges entering into a lawful consumer-broker relationship with the Participant;

ii. That all data obtained 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 data or information provided, except in connection with the Registrant’s consideration of the purchase or sale of an individual property. (This Section II.2.c.iv was revised by agreement of NAR and the Department of Justice in October 2008, pursuant to public comments regarding the original provision. The original provision read: "iv. That the Registrant will not copy, redistribute, or retransmit any of the data or information provided".)

v. That the Registrant acknowledges the MLS's ownership of, and the validity of the MLS's copyright in, the MLS database.

After the Registrant has opened for viewing the Terms of Use agreement, a "mouse click" is sufficient to acknowledge agreement to those terms. 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.

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.

Summary

This section lays out requirements for the terms of use to which registrants must assent.

Action Items: MLS

  1. Option: Create a model Terms of Use for use by brokers that satisfies the requirements above and functions as a “safe harbor” for brokers who use it; i.e., brokers who use it will be deemed compliant with the MLS policy. MLS probably cannot require the brokers to use a particular form of agreement or even to use particular provisions drafted by MLS.

Action Items: VOW-operating broker

  1. Employ a terms of use agreement that meets the requirements above.
  2. Do not attempt to “fold” the terms of use agreement into a representation agreement or agreement that requires the consumer to pay any fees. (The VOW may be able to present a second screen that requires the consumer to enter such agreements, subject to Policy Section and to state law.)
  3. Consult attorney regarding other provisions that should appear in terms of use.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

See Action Items: VOW-operating broker.

Questions

  1. Can MLS require by rule that the broker make the MLS a third-party beneficiary of the promises in the terms of use that benefit MLS?

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.2.d. Establishing representation and obligation to pay fees

Text

An 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.

Summary

This provision requires any agreement establishing representation between broker and consumer or any obligation of the consumer to pay fees be executed according to its terms.

Action Items: MLS

  1. Option: Consider developing a model on-line representation agreement for brokers. Recognize that MLS cannot impose the use of such an agreement on brokers.

Action Items: VOW-operating broker

  1. If your VOW will establish a representation relationship or an obligation on the consumer’s part to pay you some sort of fee, be sure that it meets the requirements stipulated in the policy.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

See. Action Items: VOW-operating broker.

Questions

  1. “Any agreement entered into at any time…” Is this provision intended to impose an obligation beyond the context of the VOW?
  2. If state law permits the execution of a representation or other agreement entitling the broker to fees, why should it be prevented on the broker’s VOW (assuming the agreement is offered separately from the terms of use)?
  3. Assuming this provision does apply, how much more than a mouse-click is required? Some sites, for example, require the visitor to type her name or initials as an affirmative act of “signing” an agreement electronically. Would that be acceptable under this rule?

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.3. Broker available to answer questions

Text

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 properties displayed on the VOW. The Participant, or a nonprincipal 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.

Summary

This new requirement actually imposes on the broker the obligation to be “willing and able” to respond to consumer questions and to make available to the consumer a means for the consumer to ask such questions.

Action Items: MLS

None.

Action Items: VOW-operating broker

  1. Design VOW to include contact information as required in this provision.
  2. Assign licensees (or other personnel in states that do not require a licensee to field such questions) to respond to such inquiries competently.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

  1. Design VOW to include contact information as required in this provision.

Questions

  1. Is there any reasonable time in which the VOW-operating broker must respond to inquiries? One day? Three days? One week?
  2. By knowledgeably, can we presume that what is meant is competently (e.g., the Code of Ethics requirement)?
  3. The statement refers to the "market area served by the Participant." Presumably, the Participant could define a small area (even only a neighborhood) about which she will answer property questions but still display listings from the whole MLS, where she might refer the buyer to another broker. Correct?

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.4. Preventing misappropriation of data

Text

A Participant's VOW must protect the MLS data from misappropriation by employing reasonable efforts to monitor for and prevent "scraping" or other unauthorized accessing, reproduction, or use of the MLS database.

Summary

This imposes a general technical requirement on brokers.

Action Items: MLS

  1. Option: Consider whether any specific measures should be required as part of “reasonable efforts.”

Action Items: VOW-operating broker

  1. Consult with VOW provider about what “reasonable efforts” might be in this context. Monitoring user accounts for long or repetitive accesses, or multiple and frequent user accesses from a small range of IP addresses might be examples.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

  1. Consult with broker clients about what “reasonable efforts” might be in this context. Monitoring user accounts for long or repetitive accesses, or multiple and frequent user accesses from a small range of IP addresses might be examples.

Questions

  1. Presumably, MLS can dictate requirements for what “reasonable efforts” are, provided the MLS imposes the same requirements on itself, where applicable. Some efforts might be reasonable in the context of a VOW, but not for the MLS. For example, because anyone can register on a VOW, the MLS may want to impose a requirement for Captcha technology on the VOW to reduce registrations by bots and spiders. Such a requirement makes no sense on the MLS system itself, as user names and passwords there are assigned by the MLS. Any problem imposing this requirement on brokers’ VOWs?

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.5.a. - b. Seller option to exclude listing or address from Internet

Text

a. No VOW shall display the listing or property address of any seller who has affirmatively directed its listing broker to withhold its listing or property address from display on the Internet. The listing broker or agent shall communicate to the MLS that a 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 listing or property address of a seller who has determined not to have the listing or address for its property displayed on the Internet.

(Note: The preceding paragraph was modified in October 2008 by agreement between NAR and the Department of Justice. The original provision read: " a. No VOW shall display 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. The listing broker or agent shall communicate to the MLS that a 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 conforms to the form attached to this Policy as Appendix A. The Participant shall retain such forms for at least one year from the date they are signed.

Summary

This provision allows the seller to exclude her listing from all “Internet” display, but not from distribution via other means. Interestingly, the other means include “email,” which is typically distributed over the Internet.

Action Items: MLS

  1. Option: Develop a standard form for use by brokers (though they would be permitted to use another form of their own design consistent with the rules) for gathering seller opt-outs where applicable. MLS may want to include options on the same form for the seller to opt out of commentary and AVMS under Policy Section II.5.c.
  2. Option: Add fields to the MLS listings to track which listings and which addresses are withheld from the “Internet.” This may practically be essential if the MLS cannot send such listings (or addresses) to Realtor.com, etc. VOW-operating brokers will need to have a means for determining which listings/addresses cannot be displayed.

Action Items: VOW-operating broker

  1. Ensure that firm’s systems know how to identify listings and addresses the seller wishes to withhold from the Internet. Do not display them on the VOW.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

See Action Items: VOW-operating broker.

Questions

  1. Since email is permitted, and email is transmitted almost exclusively via the Internet, should the limitation of this paragraph not be rephrased to prohibit distribution on the world wide web instead?
  2. Assuming the VOW has a button that says “Click here to receive an email of additional listings meeting your criteria,” or “Click here to learn the address of this property,” it would presumably be consistent with the policy for the VOW to send an automated message to the consumer with the information she could not see on the VOW. Correct?
  3. Does the MLS have an affirmative responsibility to ensure that none of the data feeds it provides to Realtor.com, IDX sites, syndicators, and other web sites, include the listings or addresses of sellers who have opted out of such displays? In other words, does an MLS act inconsistently with the policy if it distributes listings the seller has withheld under this section to Realtor.com or the like?
  4. Can an MLS direct that seller withholding instructions be included in the listing remarks fields? This could create a hassle for VOW-operating brokers, as they would have to develop an automated means of telling which listings were restricted in this way.

Other notes

None.

MLSTesseract Blog Post

Can real estate agents keep secrets?, December 9, 2008
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Policy II.5.c. Commentary and automated valuation on listings

Text

With respect to any VOW that

(i) 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

(ii) Displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing,

The VOW 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 Participants' websites. Except for the foregoing and subject to subparagraph (d), a Participant's VOW may communicate the Participant's professional judgment concerning any listing. Nothing shall prevent a VOW from notifying its customers that a particular feature has been disabled "at the request of the seller."

Summary

This new provision is designed to limit what can appear on the web site next to a consumer’s listing, if she is sensitive about it. Presumably, the listing broker will guide the consumer in making such decisions.

Action Items: MLS

  1. Option: Develop a standard form for use by brokers (though they would be permitted to use another form of their own design consistent with the rules) for gathering seller opt-outs where applicable. MLS may want to include options on the same form for the seller to opt out of listing or address display on the Internet under Section II.5.a.-b.
  2. Option: Add fields to the MLS listings to track which listings have automated valuation or commentary excluded from them. (They should probably be two separate fields, as the seller appears able to opt out of one or the other or both.)

Action Items: VOW-operating broker

  1. Ensure that firm’s systems know how to identify listings where the seller has requested no automated valuation or commentary. Do not display commentary or automated valuation next to those listings on the VOW.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

See Action Items: VOW-operating broker.

Questions

  1. Assume the VOW has a button or buttons next to listings where the seller has opted out of commentary or automated valuation. The button says, “Click here to receive an email with commentary on this listing from our other clients,” or “Click here to receive an email with a valuation of this property.” Assuming the VOW responded with the emails specified, it would be functioning consistently with the rule, correct?
  2. Can an MLS direct that seller withholding instructions be included in the listing remarks fields? This could create a hassle for VOW-operating brokers, as they would have to develop an automated means of telling which listings were restricted in this way.

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.5.d. Channel for correcting mistakes on VOW listing displays

Text

A VOW 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 the VOW operator beyond that supplied by the MLS and that relates to a specific property displayed on the VOW. The VOW operator 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 VOW operator shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment.

Summary

If a VOW-operating broker adds content to a display of another broker’s listings, the VOW-operating broker must provide a means to receive, and be prepared to respond to, complaints that the information added is inaccurate.

Action Items: MLS

None.

Action Items: VOW-operating broker

1. Deploy a means for other brokers to communicate problems with your display of their listings.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

See Action Items: VOW-operating broker.

Questions

None.

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.5.e. Frequency of data updates

Text

Each VOW shall refresh MLS data available on the VOW not less frequently than every 3 days.

Summary

See text, above.

Action Items: MLS

  1. Option: If permitted, consider whether to require that the last update date/time be displayed on the VOW.

Action Items: VOW-operating broker

  1. Ensure that VOW receives data updates at least once every three days. There are numerous business reasons why the broker should use more frequent updates (up to nearly real-time updates that should be available where the MLS has a RETS server).

Action Items: Affiliated VOW provider (broker technology/marketing partner)

See Action Items: VOW-operating broker.

Questions

  1. Can the MLS require that the VOW indicate the date and time it was last updated with data from the MLS?

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.5.f. Limitation on further distribution

Text

Except as provided elsewhere in this Policy or in MLS rules and regulations, no portion of the MLS database may be distributed, provided, or made accessible to any person or entity.

Summary

This provision limits use of MLS information to expressly permitted uses.

Action Items: MLS

None.

Action Items: VOW-operating broker

  1. Take note of this provision and be sure not to make any unauthorized use of data.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

  1. Take note of this provision and be sure not to make any unauthorized use of data.

Questions

None.

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.5.g. Privacy policy required

Text

Every VOW must display a privacy Policy that informs Registrants of the ways in which information obtained from them will be used.

Summary

See text, above.

Action Items: MLS

  1. Option: MLS may wish to develop a model privacy policy for brokers to use that meets this requirement of the policy and that takes into consideration some of the general legal issues associated with privacy policies.

Action Items: VOW-operating broker

  1. Develop and post a privacy policy. This should not be an afterthought. The Federal Trade Commission has taken action against a number of businesses that have acted inconsistently with their posted privacy policies. The FTC has a good article on privacy policies at http://www.ftc.gov/bcp/edu/pubs/articles/art09.shtm; the agency’s site provides other resources, as well.
  2. When drafting your privacy policy, be sure to note in it that you may disclose information to the MLS under the provisions of Policy Sections II.2.b. and III.6.(2).

Action Items: Affiliated VOW provider (broker technology/marketing partner)

  1. Option: The AVP may wish to develop a model privacy policy for brokers to use that meets this requirement of the policy and that takes into consideration some of the general legal issues associated with privacy policies. When drafting your privacy policy, be sure to note in it that you may disclose information to the MLS under the provisions of Policy Sections II.2.b. and III.6.(2).

Questions

None.

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.5.h. Excluding listings from the VOW

Text

A 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, cooperative compensation offered by listing broker, or whether the listing broker is a REALTOR®.

Summary

Generally, the VOW-operating broker permitted to decide which types of listings to display.

Action Items: MLS

  1. Option: If permitted, decide whether to require disclosure to the consumer that some listings are excluded from the VOW.

Action Items: VOW-operating broker

  1. Option: Consider whether your VOW will exclude listings with certain characteristics from display.
  2. Option: Whether or not the MLS requires it, consider whether to disclose that your VOW is displaying fewer than all the available listings. Doing so may be advisable (though perhaps not required, depending on state law) in the context of an agency or other relationship with the consumer. It is also just good business to be up-front with your clients/customers.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

  1. Option: Consider whether your VOW tools will permit the VOW-operating broker to exclude certain listings from display.

Questions

  1. It is unclear what qualifies as an “objective” criterion. I imagine that “objective” criterion means a criterion that is “based on externally verifiable phenomena, as opposed to an individual’s perceptions, feelings, or intentions.” (Black’s Law Dictionary.) For example, can a broker exclude the listings of a broker with whom the displaying broker does not wish to cooperate? Listing broker is an “objective” criterion in that it is verifiable via an external phenomenon (i.e., the listing broker field on the system).  Such an exclusion might seem arbitrary in some ways, but it is no more so than excluding listings based upon the compensation offered on listings.
  2. If the VOW-operating broker is exercising professional judgment, whether through the decision-making of a human agent or of the broker’s systems, can this rule prevent the broker from excluding listings on that basis, even if there is a measure of subjectivity in the broker’s application of judgment.
  3. Can the MLS require that the broker who excludes listings from its VOW disclose that “Not all listings available from MLS X are displayed here”?

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.6. Notice to MLS of VOW’s existence; access for MLS

Text

A Participant who intends to operate a VOW 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 this Policy and any other applicable MLS rules or policies.

Summary

See text, above.

Action Items: MLS

  1. Option: Develop a standard procedure for reviewing new VOWs when the MLS receives notice of them. This permits the MLS to nip problems in the bud, though it comes at a fairly high enforcement cost.

Action Items: VOW-operating broker

  1. Unless the MLS has specified a timeframe for the notification, notify the MLS early in the development process that you are building a VOW.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

  1. Unless the MLS has specified a timeframe for the notification, notify the MLS early in the development process that you are building a VOW.

Questions

  1. At what point must the broker notify the MLS? This language says a “broker who intends to operate a VOW must notify the MLS of its intention.” That language suggests that the broker beginning a design or development process must notify MLS at the beginning.
  2. Can the MLS specify a timeframe? For example, can the MLS say, “broker must notify MLS on or before the date that the VOW becomes available to the Participant’s customers or clients”?

Other notes

None.

MLSTesseract Blog Post

None.

Policy II.7. Participant may have multiple VOWs

Text

A Participant may operate more than one VOW itself or through an AVP. A Participant who operates a VOW itself shall not be precluded from also operating VOWs in conjunction with AVPs.

Summary

See text, above.

Action Items: MLS

  1. Develop a process for receiving, evaluating, and granting broker/AVP requests for data feeds.

Action Items: VOW-operating broker

None.

Action Items: Affiliated VOW provider (broker technology/marketing partner)

None.

Questions

  1. This means that a broker can have any number of VOWs it wants and that MLS cannot restrict that number in any way, correct?
  2. If a broker decides to work with three different AVPs, may the MLS impose separate data feeds and separate data feed fees on the broker for each AVP? Generally, MLSs like to provide separate feeds for separate vendors so that vendors are isolated from each other for purposes of rule enforcement. If only one of the broker’s technology providers is displaying data in a way that violates the rules, MLS would prefer to turn only that data feed off. Maintaining the additional feeds has increased technology and administrative costs, and the proliferation of sites increases the MLS’s rule and IP enforcement efforts. This issue has already arisen in the IDX context.

Other notes

None.

MLSTesseract Blog Post

None.