As MLS organizations, Realtor associations, and brokers and salespeople grow increasingly confused and concerned about the merits and risks of Internet Data Display (IDX) and Virtual Office Websites (VOW) solutions, the NAR is attempting to update the organization's policy to make it more understandable, as well as keep potential Pandora's evils in the box.

The Internet Marketing Work Group, appointed by the NAR, has released its preliminary MLS Electronic Data Display Policy. Associations, MLSs and members are encouraged to comment on the report through August 31, 2002, in anticipation that the policy will be discussed and acted upon at the 2002 Annual Convention in New Orleans in November.

The work group chair Ron Phipps, says, "This is a proposal that will be heard at the November NAR meeting. We just finished it, and we needed time for the due process of deliberations."

So far, Phipps says the work group is "enthused about the common sense and reasonableness of the proposal."

"It acknowledges the value of the Realtor in the transaction," says Phipps.

Comments regarding the policy are welcome as it will enable the work group to get at any issues that it may not have taken into account when writing its proposed policy.

"There is always stuff you don't think of that other people can point out, to finetune the policy before it is adopted," says Phipps.

The main point of the policy as proposed is that MLS listing and customer data publishing rules for IDX and VOW sites should not be treated differently for one Internet product than another.

Ralph Holmen, associate general counsel for the NAR explains, "The primary thing this policy does is allow brokers who choose not to have their listings used by other competitors and sellers who don' t want their stuff on the Internet not to have their listings published.

"You have to be consistent," he continues. "You can't withhold data and then use the data on your own site. If a broker reaches the conclusion the he doesn't want listings used by competitors on the Internet, then that conclusion means it wouldn't be displayed on VOWs, or IDX sites, but it also means he can't display the listings. That's a consequence of the previous VOW policy, if you withhold listings from others, you can't take advantage of their listings."

Internet data display policies have come under fire when it was realized that direct feed downloads could be published by vendors on the Internet and used in advertising or lead generation arrangements with portals and other advertising mediums, while IDX site content is by permission between consenting brokers. Theoretically, that means that a broker could decide to opt out of the MLS' IDX solution, while his or her competitors are able to publish the broker's listings to a VOW.

"We thought of two reasons why someone might not want their listings used by others on the Internet - that is the security of the data, and competitors using the data for self-promotion," explains Holmen. "The policy is not in place, but its terms do not apply just to VOWs but to all Internet use of Internet data."

The policy is displayed on Realtor.org by member access only. Comments by members can be sent to: Member Policy Department, 430 North Michigan, Chicago, Illinois 60611 or e-mailed to ORPStdsPolicy@realtors.org

The members serving in the work group are:

Ronald L. Phipps, Chair
Phipps Realty
4022 Post Road
Warwick, RI 02886-9206

Pat Bybee, AE
Metrolist Inc.
7100 E. Belleview #110
Greenwood Village, CO 80111

Diane K. Disbrow
Bayshore Agency
P.O. Box 8
Tuckerton, NJ 08087-1012

Bob Hale, AE
Houston Association of REALTORS
3693 Southwest Freeway
Houston, TX

Ted E. Kelly
Re/Max Realty Consultants
2150 Country Club Road, Suite 100
Winston Salem, NC 27104-4241

J. Lennox Scott
John L. Scott Real Estate
3380 146th Place, SE #450
Bellevue, WA 98007

Sharon Millett
Coldwell Banker Millet Realty
155 Center Street
Auburn, ME 04210

Robert D. Most
Ram Realty
2 Garden Center #302
Broomfield, CO 80020-7009

Richard Mendenhall
Re/Max Boone Realty
33 E. Broadway
Columbia, MO 65203

Patricia A. Vredevoogd (Liaison)
AJS Realty, Inc.
4488 Cascade Road SE
Grand Rapids, MI 49546-8305

Constance Misiewicz
Re/Max Real Estate Services
19200 Stevens Creek #210
Cupertino, CA 95014-2530

Published: May 29, 2002

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