Powered by Google

Search form

Proposed Amendments to the Model IDX Rules for Consideration at the 2012 Midyear Meeting

April 12, 2012

Internet Data Exchange (IDX)

Note: These model rules, originally adopted in November 2001, are updated to reflect enhancements to the IDX policy approved in November 2009 and 2010.

Section 18 IDX Defined

IDX affords MLS participants the option of authorizing display of their listings on other participants’ Internet websites ability to authorize limited electronic display of their listings by other participants. (Amended11/09) M

Section 18.1 Authorization

Note: Select one of the following two options. M

Option #1: Participants’ consent for display of their listings by other participants pursuant to these rules and regulations is presumed unless a participant affirmatively notifies the MLS that the participant refuses to permit display (either on a blanket or on a listing-by-listing basis). If a participant refuses on a blanket basis to permit the display of that participant’s listings, that participant may not download, or frame or display the aggregated MLS data of other participants. Even where participants have given blanket authority for other participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis as instructed by where the seller has prohibited all Internet display. (Amended 11/09)

Option #2: Participants’ consent for display of their listings by other participants pursuant to these rules and regulations must be established in writing. If a participant withholds consent on a blanket basis to permit the display of that participant’s listings, that participant may not download, or frame or display the aggregated MLS data of other participants. Even where participants have given blanket authority for other participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis as instructed by where the seller has prohibited all Internet display. (Amended 11/09)

Section 18.2 Participation

Note: Select one of the following four options. Participation in IDX may be limited to MLS participants engaged in real estate brokerage by adopting Option #3 or Option #4. M

Option #1: Participation in IDX is available to all MLS participants who consent to display of their listings by other participants.

Option #2: Participation in IDX is available to all MLS participants who are Realtors® and who consent to display of their listings by other participants.

Option #3: Participation in IDX is available to all MLS participants engaged in real estate brokerage who consent to display of their listings by other participants. (Amended 11/09)

Option #4: Participation in IDX is available to all MLS participants who are REALTORS® who are engaged in real estate brokerage and who consent to display of their listings by other participants. (Amended 11/09)

Section 18.2.1

Participants must notify the MLS of their intention to establish an display IDX information site and must give make their site directly accessible to the MLS direct access for purposes of monitoring/ensuring compliance with applicable rules and policies. M

Section 18.2.2

MLS participants may not use IDX-provided listings for any purpose other than display on their websites as provided for in these rules. This does not require participants to prevent indexing of IDX listings by recognized search engines. (Amended 11/09) M

Section 18.2.3

Listings, or including property addresses, can be included in IDX displays except where a of sellers who have has directed their listing brokers to withhold their listing or the listing’s property address from all display on the Internet (including, but not limited to, publicly-accessible websites or VOWs) shall not be accessible via IDX sites. (Amended 11/09) M

Section 18.2.4

Participants may select the listings they choose to display on their IDX sites based only on objective criteria including, but not limited to, factors such as geography or location (“uptown,” “downtown,” etc.), list price, type of property (e.g., condominiums, cooperatives, single-family detached, multi-family), cooperative compensation offered by listing brokers, type of listing (e.g., exclusive right-to-sell or exclusive agency), or the level of service being provided by the listing firm. Selection of listings displayed on any IDX site must be independently made by each participant. (Amended 11/06) M

Section 18.2.5

Participants must refresh all MLS downloads and refresh all MLS data IDX displays automatically fed by those downloads at least once every three (3) days. (Amended 11/09) M

Section 18.2.6

Except as provided in the IDX policy and these rules, an IDX site or a participant or user operating an IDX site or displaying IDX information as otherwise permitted may not distribute, provide, or make any portion of the MLS database available to any person or entity. M

Section 18.2.7

When displaying listing content, a participant's or user’s IDX site Any IDX display controlled by a participant must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface. For purposes of the IDX policy and these rules, “control” means the ability to add, delete, modify and update information as required by the IDX policy and MLS rules.

Section 18.2.8

Any IDX site display controlled by a participant or subscriber that

  1. 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
  2. displays an automated estimate of the market value of the listing (or hyperlink to such estimate) in immediate conjunction with the listing,

shall disable or discontinue either or both of those features shall be disabled or discontinued for as to the seller’s listings 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 displays controlled by participants’ websites. Except for the foregoing and subject to Section 18.2.9, a participant’s IDX site display may communicate the participant’s professional judgment concerning any listing. Nothing shall prevent an IDX site display from notifying its customers that a particular feature has been disabled at the request of the seller. (Adopted 11/09) M

Section 18.2.9

Participants 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 participant beyond that supplied by the MLS and that relates to a specific property displayed on the IDX site. Participants 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 the property explaining why the data or information is false. However, participants shall not be obligated to remove or correct any data or information that simply reflects good faith opinion, advice, or professional judgment. (Adopted 11/09) M

Section 18.2.10 Display of IDX Information by Real Estate Franchise Organizations

Deleted November, 2011.

Section 18.3 Display

Display of listing information pursuant to IDX is subject to the following rules:

Note: All of the following rules are optional but, if adopted, cannot be modified. Select those rules which apply to your IDX program and number the sections accordingly.

Section 18.3.1

Listings displayed pursuant to IDX shall contain only those fields of data designated by the MLS. Display of all other fields (as determined by the MLS) is prohibited. Confidential fields intended only for other MLS participants and users (e.g., cooperative compensation offers, showing instructions, property security information, etc.) may not be displayed on IDX sites. O

Section 18.3.1.1

The type of listing agreement (e.g., exclusive right to sell, exclusive agency, etc.) may not be displayed on IDX sites. O

Section 18.3.2

Participants shall not modify or manipulate information relating to other participants’ listings. (This is not a limitation on site design but refers to changes to actual listing data.) MLS data may be augmented with additional data not otherwise prohibited from display so long as the source of the additional data is clearly identified. This requirement does not restrict the format of MLS data display or display of fewer than all of the available listings or fewer authorized data fields. O

Section 18.3.3

All listings displayed pursuant to IDX shall identify the listing firm in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. Displays of minimal information (e.g. “thumbnails”, text messages, “tweets”, etc., of two hundred (200) characters or less are exempt from this requirement but only when linked directly to a display that includes all required disclosures. (Amended 11/09) O

Section 18.3.4

All listings displayed pursuant to IDX shall identify the listing agent. O

Section 18.3.5

Non-principal brokers and sales licensees affiliated with IDX participants may display information available through IDX on their own websites subject to their participant’s consent and control and the requirements of state law and/or regulation. O

Section 18.3.6

Deleted November 2006.

Section 18.3.7

All listings displayed pursuant to IDX shall show the MLS as the source of the information. Displays of minimal information (e.g. “thumbnails”, text messages, “tweets”, etc., of two hundred (200) characters or less are exempt from this requirement but only when linked directly to a display that includes all required disclosures. O

Section 18.3.8

Participants (and their affiliated licensees, if applicable) shall indicate on their websites that IDX information is provided exclusively for consumers’ personal, non-commercial use, that it may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing, and that the data is deemed reliable but is not guaranteed accurate by the MLS. The MLS may, at its discretion, require use of other disclaimers as necessary to protect participants and/or the MLS from liability. Displays of minimal information (e.g. “thumbnails”, text messages, “tweets”, etc., of two hundred (200) characters or less are exempt from this requirement but only when linked directly to a display that includes all required disclosures. O

Section 18.3.9

The data consumers can retrieve or download in response to an inquiry shall be determined by the MLS but in no instance shall be limited to fewer than one hundred (100) listings or five percent (5%) of the listings available for IDX display, whichever is fewer. (Amended 11/09) O

Section 18.3.10

The right to display other participants’ listings pursuant to IDX shall be limited to a participant’s office(s) holding participatory rights in this MLS. O

Section 18.3.11

Listings obtained through IDX must be displayed separately from listings obtained from other sources, including information provided by other MLSs. Listings obtained from other sources (e.g., from other MLSs, from non-participating brokers, etc.) must display the source from which each such listing was obtained. Displays of minimal information (e.g. “thumbnails”, text messages, “tweets”, etc., of two hundred (200) characters or less are exempt from this requirement but only when linked directly to a display that includes all required disclosures. O

Section 18.3.12

Display of expired, withdrawn, pending, and sold listings is prohibited. (Amended 11/09) O

Section 18.3.13

Display of seller’s(s’) and/or occupant’s(s’) name(s), phone number(s), and e-mail address(es) is prohibited. O

Note: The following Sections 18.3.14 and 18.3.15 may be adopted by MLSs that provide participants with a “persistent” download (i.e., where the MLS database resides on participants’ servers) of the MLS database.

Section 18.3.14

Participants are required to employ appropriate security protection such as firewalls on their websites and displays, and on displays controlled by participants on others’ websites, provided that any security measures required may not be greater than those employed by the MLS. O

Section 18.3.15

IDX operators Participants must maintain an audit trail of consumer activity on the IDX site their website and on other websites where display is controlled by participants and make that information available to the MLS if the MLS believes the IDX site has caused or permitted a breach in the security of the data or a violation of MLS rules related to use by consumers. O

Section 18.3.16

Note: Select one of the following two options.

Option #1: Advertising (including co-branding) on pages displaying IDX-provided listings is prohibited.

Option #2: Deceptive or misleading advertising (including co-branding) on pages displaying IDX-provided listings is prohibited. For purposes of these rules, co-branding will be presumed not to be deceptive or misleading if the participant’s logo and contact information is larger than that of any third party. (Adopted 11/09) O

Section 18.4 Service Fees and Charges

Service fees and charges for participation in IDX shall be as established annually by the Board of Directors. (Adopted 11/01, Amended 5/05) O

Section 18.5 Display of IDX Information using Social Media

Note: MLSs are not required to give participants authority or ability to display IDX information using social media. Even where an MLS authorizes display of IDX information using social media, such displays are subject to the consent of listing participants. MLS participants cannot be required to consent to display of their listings by other participants using social media as a condition of participation in either MLS or IDX. For purposes of this IDX policy “social media” includes both non-refreshable electronic displays and displays that cannot be automatically refreshed. The following rules are optional but, if adopted, cannot be substantially modified. Select those rules that apply to your MLS and number the sections accordingly.

Section 18.5.1

(Option #1): Participants’ consent for display of their listings by other participants using social media is presumed unless a participant affirmatively notifies the MLS that the participant has not chosen to permit social media display by other participants.

(Option #2): Participants’ consent for display of their listing by other participants using social media, if given, must be established in writing to the MLS.

Section 18.5.2

Authority to display IDX information using social media is limited to participants who have consented to display of their listings by other participants using social media.

Section 18.5.3

Participants intending to display IDX information using social media must notify the MLS of their intent in advance.

Section 18.5.4

Participants must, upon request from the MLS give, the MLS access to their social media platform(s) to enable the MLS to confirm compliance with applicable MLS rules.

Section 18.5.5

Display/delivery of IDX information using social media is subject to compliance with IDX policies and rules except as otherwise provided. Where the disclosures required under subsections 18.3.3, 18.3.4, 18.3.7, 18.3.8 or 18.3.11 are not possible in social media displays, such displays are exempt from those disclosure requirements but only when linked directly to a display that includes all required disclosures.

Section 18.5.6

IDX information cannot be displayed on social media platforms determined by the MLS, in consultation with legal counsel, as adverse to the interests of sellers or MLS participants.

(04.11.12 v3)