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* Archived Document *
Virtual Office Website ("VOW") Model MLS Rules and Regulations
The following provisions will enable MLSs to implement the Virtual Office Website ("VOW") policy adopted by the NAR Board of Directors at the 2003 Midyear Meetings. These provisions will supplement the existing NAR model MLS rules and regulations (all types) found in the Handbook on Multiple Listing Policy (Parts 12 and 15).
For a Microsoft Word version of the VOW MLS rules and regulations, click here.
MLSs that have adopted VOW rules will/should suspend application and enforcement of the three provisions of the policy at issue in the litigation with the Department of Justice. These three provisions are commonly known as "opt out" (both blanket and selective); the referral restriction; and the "clean page" rule. For the latest information on ILD, VOW and IDX go to http://realtor.org/ild.
MLS Rules Related to
Virtual Office Websites ("VOWs")
(April 2003)
Section 19: VOW Defined: VOW means a Participant's Internet website (and, where authorized, websites of non-principal brokers and sales licensees affiliated with MLS Participants) through which consumers receive real estate brokerage services, including the opportunity to search for MLS data subject to the Participant's oversight, supervision and responsibility.
Section 19.1: Authorization: Participants' use of listings of other Participants on VOWs is subject to the consent of such other Participants. Participants' consent for display of their listings by other Participants on VOWs pursuant to these rules is presumed unless a Participant independently and affirmatively withholds that consent ("opts out").
Participants may independently "opt out" of the VOWs of other Participants on (a) a blanket basis ("blanket opt out") of all other Participants' VOWs, or (b) on a selective basis ("selective opt out") of VOWs of a specific Participant or Participants.
"Blanket opting out" can be accomplished by either:
- Notifying the MLS, which shall withhold the listings of any "blanket opt out" Participant from its VOW download of listing information; or
- Notifying the MLS, which shall compile and maintain a list of the names of any "blanket opt out" Participants and make such list available to all Participants operating VOWs. In this instance it is the responsibility of Participants to refrain from displaying the listings of "blanket opt out" Participants on their VOWs.
(Note: The MLS must select one of the two options shown immediately above.)
"Selective opting out" can be accomplished by the "selective opt out" Participant providing written notice to another Participant operating a VOW of the "selective opt out" Participant's independent decision to withhold consent for display of that Participant's listings on the VOW.
(Note: Adoption of Sections 19.2.1 through 19.2.17 is required to comply with the Virtual Office Website policy).
Section 19.2: Participants operating VOWs shall comply with the following:
Section 19.2.1: Participants must have a broker-consumer relationship (as defined by state law) with each consumer seeking to receive information from a Participant's VOW ("Registrant").
Section 19.2.2: Participants must obtain the name and valid email address of each Registrant.
Section 19.2.3: Participants must send an email to any Registrant confirming that the Registrant has agreed to the VOW's Terms of Use.
Section 19.2.4: Participants can provide access to their VOW only after a Registrant's email address is verified as valid and the Registrant's agreement to the VOW's Terms of Use is confirmed.
Section 19.2.5: Participant's Terms of Use shall include the following terms.
- That the Registrant acknowledges entering into a lawful consumer–broker relationship with the Participant;
- That all data obtained from the VOW is only for the Registrant's personal, non-commercial use;
- 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;
- That the Registrant will not copy, redistribute or retransmit any of the data or information provided; and
- That the Registrant acknowledges the MLSs ownership of and the validity of the copyright in the MLS database.
Participant's Terms of Use may also include other provisions determined by the Participant.
Section 19.2.6: Participants' Terms of Use may not impose a financial obligation on a Registrant. Financial obligations, if any, must be established separately from the Participants' Terms of Use, must be prominently labeled, and may not be accepted solely by a "mouse click."
Section 19.2.7: Participants' Terms of Use may not create any representation agreement between a Registrant and the Participant. Representation agreements, if any, must be established separately from the Participants' Terms of Use, must be prominently labeled, and may not be accepted solely by a "mouse click."
Section 19.2.8: Participants must obtain from or supply to each Registrant 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.
Section 19.2.9: Participants' VOWs must protect MLS data from misappropriation by employing reasonable efforts to monitor for and prevent "scraping" and other unauthorized accessing, reproduction or use of the MLS database.
Section 19.2.10: Listings or property addresses of sellers who have directed their listing brokers to withhold their listing or their property address from display on the Internet (including, but not limited to, publicly–accessible websites or VOWs) shall not be accessible to Registrants. This does not preclude listing brokers from displaying on their VOW or their other website(s) the listing or property address of consenting sellers.
Section 19.2.11: If non-principal brokers or sales licenses are authorized by the MLS to operate VOWs with their Participant's consent, such VOWs remain subject to the Participant's control, and both the Participant and the non-principal broker or sales licensee shall be accountable under these rules.
Section 19.2.12: MLS information available on any VOW must be refreshed at least once every seven (7) days.
Section 19.2.13: No portion of the MLS database shall be distributed, provided to or made accessible to any person except as provided for in these rules and/or in the National Association of REALTORS VOW policy.
Section 19.2.14: VOWs must display the Participant's privacy policy informing Registrants how information they provide may be used.
Section 19.2.15: Listings from the MLS may only be excluded from display on Participants' VOWs based on objective criteria, e.g. type of property, listed price, geographical location, or cooperative compensation offered by listing brokers.
Section 19.2.16: Participants may not provide the identity of Registrants to any other entity for compensation except where (1) the Participant's residential real estate brokerage activities principally consist of listing or selling the types of properties required to be filed with the MLS; (2) Registrants are seeking property in a price range or in a location for which the Participant ordinarily does not provide real estate brokerage services; and (3) the number of Registrant identities provided, or the corresponding revenue generated, is an insubstantial portion of the Participant's real estate brokerage activities. For purposes of this rule, "selling" does not include making referrals of prospective purchasers to other real estate brokers and "listing" does not include making referrals of prospective sellers to other real estate brokers.
Section 19.2.17: Participants must notify the MLS of their intention to establish a VOW, and must make their VOW directly accessible to the MLS for purposes of monitoring/ensuring compliance with applicable rules and policies.
(Note: Adoption of Sections 19.2.18 – 19.2.24 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 data in providing brokerage service through all other delivery mechanisms.)
Section 19.2.18: A Participant's VOW may not make available for search by or display to Registrants the following data intended exclusively for other MLS Participants and their affiliated licensees:
- Expired, withdrawn, pending or sold listings.
- The compensation offered to other MLS Participants.
- The type of listing agreement, i.e., exclusive right to sell or exclusive agency.
- The seller(s) and occupant(s) name(s), phone number(s) and email address(es) where available.
- Instructions or remarks intended for cooperating brokers only, such as those regarding showings or security of listed property.
Section 19.2.19: No advertising may be visible on a page displaying any portion of the listings of other Participants except that the name, address, phone number and company logo of the Participant operating the VOW and/or the name, address and phone number of the non-principal broker or sales licensee operating the VOW, and any information required by state law or regulation may not be prohibited.
Section 19.2.20: MLS data fields authorized for display may not be changed. MLS data may be augmented with additional data not otherwise prohibited from display provided the source of any additional data is clearly identified. This rule does not restrict the format of MLS data display or display of fewer than all of the listings or fewer authorized data fields.
Section 19.2.21: Display of MLS data must include a notice indicating that the data is deemed reliable but is not guaranteed accurate by the MLS.
Section 19.2.22: Participants' VOWs may include other appropriate disclaimers necessary to protect the Participant and/or the MLS from liability.
Section 19.2.23: All listings displayed on VOWs shall identify the name of the listing firm in typeface not smaller than the median used in the display of listing data.
Section 19.2.24: Registrants may view, retrieve or download not more than ___ current listings or (if permitted) sold listings in response to any inquiry. (Note: The number of listings that may be viewed, retrieved or downloaded should be reasonable and should be specified by the MLS in the context of this rule.)
(Note: Sections 19.2.25 – 19.2.27 relate only to VOWs. Adoption of any of the following provisions is at the discretion of the MLS, and it is not required that equivalent requirements be established related to other delivery mechanisms.)
Section 19.2.25: Participants displaying other brokers' listings obtained from sources other than this MLS (e.g. from other MLSs, from non-Participant brokers, etc.) shall display the source from which each such listing was obtained.
Section 19.2.26: Registrants' passwords may be valid no longer than ___ days, after which such passwords must be reconfirmed or changed. (Note: The number of days passwords may remain valid before being changed or reconfirmed should be specified by the MLS in the context of this rule.)
Section 19.2.27: Non-principal brokers and sales licensees affiliated with MLS Participants may operate VOWs subject to their Participant's consent and control. Both the Participant and the non-principal broker or sales licensee operating the VOW shall be accountable under these rules with respect to the operation of any such VOW.
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