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04/11/2008
| NAR, DOJ to Negotiate Enhanced IDX Policy (WASHINGTON, D.C.) May 12, 2005 – NAR is considering blending key provisions of its two existing Internet listing display policies into a single set of rules governing all Internet displays of property listings from the MLS as part of its ongoing negotiations with the U.S. Department of Justice. The department has been conducting an antitrust investigation of NAR’s Virtual Office Website (VOW) policy for the past 20 months. NAR’s VOW policy, adopted in 2003, is based on the premise that real estate brokerage can be conducted online. It regulates the display of listing data on a Virtual Office Website, which typically provides more detailed property information and requires consumers to register, disclose certain information about themselves, and agree to terms of use. NAR’s Internet Data Exchange (IDX) policy, adopted in 2000, governs the advertising display of abbreviated listing data on MLS participants’ sites. Today, IDX displays of listings are the dominant method through which brokers share their listings with one another over the Internet. NAR General Counsel Laurie Janik told a large gathering of members, association executives, and MLS professionals today at the Multiple Listing Issues & Policies Committee meeting that an enhanced IDX policy that incorporates aspects of the VOW policy would serve as the foundation for continuing negotiations with the Department of Justice. Janik met with DOJ officials May 11 in Washington, D.C., as part of the ongoing investigation. The meeting was preceded by a flurry of media attention that speculated the DOJ was prepared this week to sue NAR for antitrust violations over aspects of its VOW policy. Contrary to the media reports, Janik said, she was told by DOJ officials that a lawsuit against NAR has not been authorized yet by the department, and negotiations will continue. “We are exploring with the DOJ the concept of blending the IDX and VOW policies into one that would govern all internet display of listings,” Janik said. The enhancements to the IDX policy, which require brokers to among other things update listing data weekly and employ appropriate data security procedures, were approved today by the Multiple Listing Issues & Policies Committee, but are subject to approval by NAR’s Board of Directors on Saturday. The enhanced IDX policy retains an opt-out, but not a selective opt-out provision. The enhanced IDX policy allows brokers to opt-out of having their listing data display on all competitors’ Web sites, but it does not allow brokers to select which competitors’ listing sites to not participate with, as the VOW policy had provided. NAR and the DOJ will also discuss other policy modifications that could be added to the enhanced IDX policy. These provisions include the “clean page” provision, which prohibits advertising around the display of another broker’s listings online, and the referral fee provision, which prohibits brokers from operating a VOW primarily to obtain referral fees. The Multiple Listing Issues & Policies Committee also approved authorizing NAR’s leadership team to negotiate with the DOJ on listing display policy modifications in the interest of expediency. “It is in NAR’s best interest to reach agreement with the DOJ as soon as possible,” said Janik. -- Carolyn Schwaar, REALTOR® Magazine Online
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