Larson/Sobotka's VOW clearinghouse

Outline of NAR VOW policy after settlement of the DOJ/NAR lawsuit

This page provides an outline of the policy as it appears in FJ. Other outlines provide a breakdown of the policy based on a checklist of actions for MLSs, brokers, and broker technology/marketing partners to consider; and based on topics. Note that "Participant" here generally means both brokers and salespersons. ( The Definitions page provides more discussion.)

Clicking on the link relating to any policy provision will open a new browser window containing that provision and commentary on it.

I. Definitions and Scope of Policy

1. Defining VOW

a. Defining/permitting Affiliated VOW Partners

b. Agent sites permitted

c. "Participant" includes agent

2. MLSs in which broker has participatory rights

3. Sites may provide other features

4. Listing broker permission not required

5. MLSs may not restrict VOWs (except as provided in the policy)

II. Policies Applicable to Participants' VOWs

1. VOW accessible only to brokerage customers/clients of broker

2. VOW must obtain identity and visitor's assent to terms of use

a. Registrant's name and email address

b. User name and password

c. Agreement to terms of use

d. Agreement for representation or compensation

3. Broker available to answer questions

4. Protecting against misappropriation

5. Other requirements of VOWs

a-b. Seller withholding listing or address from Internet

c. VOWs allowing consumer comments and automated valuation

d. Reporting and correction of errors

e. Update frequency

f. No other distribution permitted

g. Privacy policy

h. VOW broker excluding listings

6. Notify MLS of intention to launch VOW

7. Participant may have more than one VOW

III. Policies Applicable to Multiple Listing Services

1. VOWs are permitted

2. MLS must provide downloading

3. MLS does not need to have a public MLS site

4. What data must be included in VOW feed

5. Passing on costs for downloading

6. Security protection and audit trails

7. Advertising and branding

8. Additional services

9. No other regulation of VOW displays by MLS

10. Affiliated VOW Partners

11. No anti-referral rules

IV. Requirements That MLSs May Impose on the Operation of VOWs and Participants

1. Options MLS may impose if also imposed on other media

a. Restricted statuses and fields

b. No modification of other broker's listing data

c. Notice disclaiming data accuracy

d. Listing broker identified

e. Limit on number of listings returned in search

f. Listing agent identified

2. Other requirements MLSs may impose

3. Co-mingling