BROKER
RECIPROCITY/IDX CONTENTS
OPTING-OUT
OF BROKER RECIPROCITY: Listings may be
"Opted-out" as a single instance or for an entire company, by "blanket" order
by DR. SINGLE
INSTANCE OPT-OUT: - If
the "Opted-out" listing is a single instance, the listing agent is required to
inform the seller of the "Opting-out" terms, and require the seller to initial
the "Broker Reciprocity / IDX disclosure on the MLS Listing Agreement.
- Listing
broker must choose "no" in the "IDX Broker Reciprocity" field when entering a
listing into the CC&IMLS system if the owner has chosen to have listing "Opted-out".
- It
is the listing agents responsibility to disclose to the seller that by Opting-out
their listing, it may be included in all Virtual Private Network systems that
are viewable on the Internet by the public.
BLANKET
OPT-OUT: - If
the DR chooses a "blanket" order, ALL listings maintained by the DR and associated
agents must be entered in the CC&IMLS system as "Opted-out".
- A
letter confirming the blanket "Opting-out" request must be sent to: Henry J. DiGiacomo,
CAE RCE, Chief Executive Officer of the CC&IMLS, 22 Mid-Tech Drive, W. Yarmouth,
MA 02673.
- Listing
broker must choose "no" in the "IDX Broker Reciprocity" field when entering a
listing into the CC&IMLS system if the DR has a Blanket Opt-out order in effect.
- Any
Designated REALTOR® and agents associated with this company MAY
NOT display any Broker Reciprocity / IDX listings on their "Public Access Website".
- Listing
Agents are not required to notify the seller when a "blanket" "Opting-out" order
is in force.
PUBLIC
ACCESS WEBSITES: - The
"Data Push" solution from CC&IMLS will consist of all active CC&IMLS data,
this includes "Opted-Out" listings.
- Each
participant with a "Public Access Website" is responsible to ensure that the site
does not include any "Opted-out" listings, designated as Opted-out (by a "no"
in the "IDX Broker Reciprocity" field) in the CC&IMLS system.
- It
is the responsibility of the Designated REALTOR® of each company
to ensure that listings flagged as Opted-Out are omitted from the data posted
to any Public Access Website under their jurisdiction (including their agents
sites)
VIRTUAL
PRIVATE NETWORKS: - Opted-out
listing may be included in all Virtual Private Network systems and will be then
viewable by the public.
For
further clarification, please feel free to contact Richard Dillard, Broker Reciprocity
/ IDX Coordinator at br@cciaor.com. |
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Frequently
Asked Questions (FAQ's) (to be updated
for Rapattoni MLS soon) |
What
is Broker Reciprocity (BR) /IDX?
Broker Reciprocity - Sharing Listings
Online also referred to as "Internet Data Exchange" (IDX) is the next stage in
the evolution of CC&IMLS as the primary means of enhancing cooperation between
REALTORS® to facilitate the purchase and sale of real property.
BR gives CC&IMLS Participants the tool they need to display each others' listings
on their Internet websites. Under BR, brokers exchange consent to display each
others listings on the Internet.
Is
everyone required to participate in BR?
CC&IMLS participants
are not required to participate, however, we believe it is in the best interest
for the entire Cape Cod & Islands MLS (CC&IMLS), if all members participate.
Members not wishing to participate will need to declare so in writing.
Why
would I want to participate?
- We
believe this system will present a great marketing advantage for all CC&IMLS
participants. Increasingly, consumers are looking to the Internet for information
about real estate for sale. Until now, consumers have been forced to use sites
like Realtor.com for the most information, as the Company and Agent sites have
only been able to display limited information.
- Inventory,
Inventory, Inventory! Company and Agent sites will now be able to offer the most
complete data on every active property listing for sale in the Cape Cod &
Islands MLS system.
- Think
of the marketing possibilities for your properties and for yourself! Actively
advertise your website for the consumers ease of one-stop shopping
for a home through the Internet.
- This
system saves both the consumer and the Agent time, presenting you with a buyer
who is well informed and has well defined wants and needs.
Who
is included in this program?
All members of the CC&IMLS are automatically included, Companies and Agents,
unless they indicate otherwise in writing.
When
will this be available?
NAR has mandated that BR be effective
January 1st, 2002. The CC&IMLS will provide you with all the information you
will need at that time regarding all the options available. Each Company and/or
Agent can then select the plan that best meets their needs and budget.
Can
I integrate Broker Reciprocity / IDX with my existing website?
You may already have a website and you want to simply incorporate Broker Reciprocity
/ IDX into that existing site. The InternetMLS system will allow you to either
frame the CC&IMLS Public site, or a choice of several "linking solutions"
which will provide you with all the CC&IMLS data uploaded directly into your
site (this requires coordination with your website developer). At time of Registration
you will need to choose which programs you will want to use.
What
is the cost and procedure to create my own website?
Most website
designers/developers will want a fee to create your website with a deposit required.
Find out exactly what steps the designer will take during these initial stages,
and what the charges associated are. If you choose to use any of the InternetMLS
website solutions, there will be no additional cost to you since this service
is included as part of your CC&IMLS fees.
What
is start up fees are required?
Find out if the website package
you are considering includes the complete design and development of a website
and the rates charged by that web designer. After discussing your needs, obtain
a proposal of all services offered and look at sites already completed by them
before you decide. You will also need to have your own domain name and a website
hosting service.
Is
a website hosting fee included or is it payable separately?
Once
a designer creates your site, it will have to be "hosted" by a website hosting
service. Your designer/developer may include the cost of hosting in their fees
or you may have to make separate arrangements for hosting. If the website designer
hosts your site themselves, ask for the website address of other sites they host
so that you may visit this site to rate its performance.
Who
is a website designer/developer/vendor?
Is it a corporation, sole
proprietor, LLC? Who will deliver on the promises the salesperson makes if that
salesperson leaves? It's important here, as in every business deal, to know with
whom you are dealing with. What is vendor's experience with web-based databases,
real estate websites, etc., and with whom have they already worked? CHECK THESE
REFERENCES! If they have built other Agents' websites, visit them and decide if
you like their product. Make sure that all links and pages work, that the overall
design is pleasing, the pictures load quickly, etc. Keep your customers/clients
in mind and how they would view the website.
Where
is the website designer/developer located and how will you communicate with them?
Ask the designer why they deserve your business.
There are many
options out there. Make the website designer/developer explain why they are the
best. You may encourage the vendor to contact Cape Cod & Islands MLS to talk
about what's entailed in a Broker Reciprocity / IDX website if they have any questions.
They will provide better cost estimates if they know more about the CC&IMLS's
systems and the rules and regulations of the program.
What
are the maintenance costs on websites and how frequently are they due?
Most website designers/developers will charge a monthly or quarterly maintenance
fee if you require changes to be made to your site. You should find out what you
are receiving for this fee - at a minimum, it should include automatic updates
of the Broker Reciprocity / IDX listing data on your website.
Does
the maintenance fee include periodic changes to your site?
You
will want to periodically change, update, or delete information on your website,
like firm special events, salesperson of the month, etc. Find out how many changes
are included in the maintenance fees, or how much additional changes will cost.
How
do I access to statistics about who is visiting the website and how frequently?
Critical to any marketing plan involving the Internet is an understanding
of who is visiting your web site and from where they are being referred (such
as links form other websites, etc.). Many reputable website hosting services already
include this in their package or there are software packages available that will
track activity on your website and provide important answers to these questions.
Can your website designer provide this information to you? Can you get this yourself?
Is the cost included in your website maintenance fees?
How
much personal interaction will you have with the website designer? Is there any
face-to-face interaction? How much? Any phone support? How much?
If you are accustomed to face-to-face service or telephone customer service, you
may find it harder to find that among website designers since there are so many
to chose from (unless you choose a local Cape Cod website developer). Most communications
are done via e-mail rather than via phone. If this is important to you, you'll
want to discuss it with candidate website designers/developers in advance.
What
is the cost for additional work and features?
If you see something
on another site your designer/developer has created, he/she should be able to
tell you how much it would cost to add it to your own site. Do not assume that
a feature will appear on your site just because it appears on another site your
designer created for another REALTOR®. The other REALTOR®
may have paid a premium price for that feature. The contract you write with
the designer should list all the features you want and indicate their costs. (If
you're asking for a novel feature, the designer may hesitate to give you a price
up-front. This is not unreasonable, and you'll have to negotiate the best deal
you can.) Discuss updates and changes you will probably have to make on a regular
basis such as:
- Change
an agent name, information, etc.
- Adding/removing/maintaining
links to other websites, mortgage companies, etc.
- Adding/removing
a banner (advertising)
- Adding/removing
additional web pages
- Photos
for each listing, multiple or single?
Will
you own the domain name?
If you are paying the designer/developer
to register your domain name, it's very important that the designer/developer
commit to registering it in your name. This becomes your identity on the Internet.
You will be putting this address on all of your marketing materials. You don't
want to lose your identity if you switch developers or pay them a fee to get it
back.
Does
the Broker own the website content?
You will want to own your
website design and files so if you choose to adopt a new designer down the road
they won't need to start all over. Seek provisions in your contract that will
guarantee this. Note: this is probably only applicable to "custom" website content
and not to InternetMLS's website solutions.
How
soon after you sign a contract will your website be up on the Internet?
It is important to clarify all parties' expectations here with your website designer/developer.
What
is NAR's IDX (Broker Reciprocity) mandated policy?
Briefly, the foundation of the policy reads:
"Associations
of REALTORS® and their Multiple Listing Services are encouraged
to immediately, and must by January 1, 2002, enable MLS Participants to display
on Participants' public websites aggregated MLS active listing information subject
to the requirements of state law and regulation. To comply with this requirement
MLS's must, if requested by a Participant, promptly provide basic "downloading"
of current listing information. Associations and MLS's can also offer alternative
display options including framing of Board, MLS, or other publicly-accessible
sites displaying Participants' listings (with permission of the framed site).
For purposes of this policy, "downloading" means electronic transmission of data
from MLS servers to Participants' servers. This policy does not require associations
or MLS's to establish publicly accessible sites displaying Participants' listings.
"Unless
state law requires prior written consent from listing brokers, listing brokers'
consent for such display may be presumed unless a listing broker affirmatively
notifies the MLS that the listing broker 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, then that Participant
may not download or frame the aggregated MLS data of other Participants.
"Access
to MLS databases of current listing information, or any part of such databases,
may not be provided to any person or entity not expressly authorized such access
under the MLS rules."
I
have been hearing the terms "Public Access Website" and "Virtual Private Network
(VPN)" and am confused as to the difference, can you explain?
Participants have the opportunity to choose between these two programs to populate
their websites with CC&IMLS data. However, the NAR and CC&IMLS regulation
and guidelines only apply to the "Public Access Websites" at this time.
Public
Access Website: The public does not need to register to obtain data from
these sites. Website owners, or their webmasters, are responsible for the design,
data update, and maintenance of these sites and must comply with the attached
CC&IMLS guidelines. Any listing that is displayed must include sufficient
information referencing the listing company so that the consumer can clearly identify
the listing company.
Virtual
Private Network (VPN): Using the same process used when a consumer enters
a REALTOR®'s office, the consumer registers or pre-qualifies themselves
with a REALTOR® and then they are given access via a user name
and password onto that REALTOR®'s website. The consumer can then
view any and all listings that REALTOR® makes available via the
MLS he/she is a member of. The listing company's name is not made available and
all inquiries are directed to the REALTOR® who is making the information
available to the registered consumer. VPNs can be provided by CC&IMLS registered
3rd party vendors or by individual's or company's webmasters (who may also provide
a number of additional services to those Companies/Agents, such as a contact database,
automatic e-mails to consumers, etc.). Fees for this service vary from vendor
to vendor and are entirely separate from the CC&IMLS fees.
Can
the CC&IMLS recommend some of these 3rd Party Vendors?
The
CC&IMLS does not advocate any 3rd party vendors' services, however, we do
require each vendor to register their company with CC&IMLS. This is to control
who has access to our data, and to assure our data will not be used for purposes
other than for our members' benefits. We will provide a list of these registered
vendors on our www.cciaor.com website in the Members Only section.
Can
I give my user name and password to my Webmaster to assist with the population
of my website?
Under no circumstances
is an agent or company to ever give out their user name and password for any reason.
Any member who gives out this confidential information will be subject to a fine,
penalty and a possible termination from the CC&IMLS system.
How
is the Internet Data Exchange accomplished?
Other brokers' listings
can be displayed either by registering for access to a FTP site that contains
the data from the CC&IMLS compilation and publishing it on your website, or
by participating in the linking resolution.
How
will my listing data get updated?
Updated information will be provided
daily, each day your vendor can pull the latest data file from the FTP site.
How
will I know when the data push will begin?
After your registration
process is complete, you will receive a fax from the Broker Reciprocity / IDX
Coordinator, verifying that you are registered.
Do
I have to allow other Participants to display my listings on their websites?
No, Participants are free to withhold authority for such display - either on a
blanket or on a listing-by-listing basis, this is called "Opting-out." Please
be advised that this only relates to Public display websites. Virtual Private
Networks (VPNs) are not included in the NAR mandate and have the ability to include
the entire database of all listings.
What
happens if I won't allow other Participants to display my listings on their websites?
If you prohibit the display of your listings by other Participants, you may not
display their listings on your website pursuant to the Broker Reciprocity / IDX
program. Other Participants may give you permission to display their listings
but that permission would have to be sought and obtained separately from each
Participant. The exception is for Virtual Private Networks, offered by 3rd party
vendors registered with the CC&IMLS, which are not included in the NAR mandate,
have the ability to include the entire database.
If
a Participant has a blanket "opt-out" on the display of their listings,
can we require them to certify that they have explained the benefits of Broker
Reciprocity / IDX and the seller had nonetheless refused to allow such display?
No. Since all CC&IMLS participants are automatically included in the program,
a participant wishing to choose a blanket "Opt-out" of the program (Opting-out
all of their listings) does not need to explain this to their seller. However
if a participant only chooses to "Opt-out" a single listing, they must then explain
this to their seller and have the seller initial the "Opting-out" statement on
the CC&IMLS listing contract. CC&IMLS requires this for any single listing
that is "Opting-out" of the Broker Reciprocity / IDX program.
If
I don't participate in Broker Reciprocity / IDX, but give another Participant
permission to display my listings on their website, can the CC&IMLS (with
my permission) transfer my listings to that Participant?
No. If
the listing agent chooses to "Opt-out", the data for their listings will not be
transferred to any other agent via Broker Reciprocity / IDX. However, the listing
will still be displayed on the Internet. Participants must be sure to educate
their sellers that the listing will still appear on Realtor.com, and can be displayed
over the Internet through the Virtual Private Networks. As the Virtual Private
Networks are not regulated by Broker Reciprocity / IDX, there is no regulation
to prevent them from displaying all listings.
If
I want to authorize other Participants to display my listings under Broker Reciprocity
/ IDX, how do I do it?
Once the CC&IMLS implements the Broker
Reciprocity / IDX program you don't need to do anything. The way the Broker Reciprocity
/ IDX program is structured, the consent of each Participant to permit display
of their listings is assumed. If you choose not to permit display of your listings
by other Participants, you simply notify the CC&IMLS that you are choosing
to "Opt-out" and have your seller initial their listing contract to verify they
are aware that the agent has chosen to "Opt-out" of the Broker Reciprocity / IDX
program.
Can
the CC&IMLS refuse to accept my listings if I do not permit other Participants
to display them on their websites?
No. Participants cannot be required
to consent to display of their listings on other Participants' websites as a condition
of participation in the CC&IMLS.
If
I choose not to display my listings, will they still appear on REALTOR.com or
other real property aggregators?
CC&IMLS transmits to aggregators/publishers
of real property ads regardless of Broker Reciprocity / IDX "Opting-out" requests.
This includes Realtor.com, HomeAdvisor and Virtual Private Networks.
Do
I have to display ALL of the active CC&IMLS listings on my website?
No, you can choose subsets of the information. For instance, if you only sell
listings in your immediate market area, you can choose to display only certain
towns. Or perhaps you only work with Commercial listings, you can then choose
to display only the commercial type of listings, etc.
Won't
buyers (or individuals posing as buyers) be able to extract the entire CC&IMLS
database and do whatever they want with it?
The CC&IMLS has
chosen to limit the number of search results that can be displayed from a single
search function to protect from this, as disclosed in the CC&IMLS Broker Reciprocity
/ IDX Guidelines.
Won't
Broker Reciprocity / IDX enable national and regional firms to aggregate listing
information from many MLS's and create a "super-MLS's"?
The ability
to aggregate listing information from several MLS's remains subject to local MLS
rules. Under Broker Reciprocity / IDX, the CC&IMLS has chosen not to limit
the right to display other Participants' listings to those offices holding participatory
rights in that MLS.
Why
would I want to participate? Why should I allow other agents to have access to
all my listings?
The purpose of Broker Reciprocity / IDX is to
service your seller. In a sense this program levels the playing field for all
participants of the CC&IMLS. As a Real Estate Agent, your main objective is
to provide the best service you can to your buyers and sellers. This new program
assists the Agent by not only allowing your buyers to see everything out there,
but also gives your seller maximum marketing exposure, it will allow your sellers
listing to be viewable worldwide by millions of consumers. As a result you have
a better educated buyer, who has had the ability to evaluate their wants and needs,
and presents a realistic consumer by the time they contact you to start viewing
properties. From the seller's point of view, with the added internet exposure,
and millions of viewers, their property should find a buyer more easily.
Can
I authorize some, but not all, Participants to display my listings on the Internet?
If you consent to the display of your listings by other Participants
under the Broker Reciprocity / IDX program, then any other Participant in the
CC&IMLS may display your listings.
Why
should we let our listings be displayed on our competitors' website?
Letting other Participants display listings on the Internet is a business decision
each Participant must make, taking into account their duty to promote the best
interests of their clients and customers and to cooperate with other REALTORS®.
Does
Broker Reciprocity / IDX conflict with license law or the Code of Ethics?
Implementation of Broker Reciprocity / IDX must be consistent
with state law. NAR's Broker Reciprocity / IDX policy statement is consistent
with the Code of Ethics since no display of other Participants' listings can occur
without their consent. Consent though, will be assumed unless affirmatively withheld
by the listing Participant.
Standards
of Practice 12-4 addresses whether a REALTOR® advertising another
broker's listing has authority from the listing broker to run that advertisement,
rather than whether listing brokers' names are shown on advertisements for one
of their listings.
As
an example: Broker A is a participant in Board A's MLS, which requires through
its Broker Reciprocity / IDX rules that the listing broker's company name be shown
on any advertisement of their listings. Broker A displays one of Broker B's listings
on his web page, but fails to show Broker B's on this listing.
Given
these facts, Broker A could be charged with violating the MLS rule requiring that
the listing brokers company name must be shown on any listing advertised. However,
whether Broker A violated the "true picture" mandate of Article 12 would depend
on the facts. Clearly Broker A had authorized to advertise Broker B's listings
since both brokers participate in Broker Reciprocity / IDX, which satisfies SOP
12-4. However, it is not a given that Broker A is in violation of Article 12 if
the advertisement clearly indicated that Broker A is not the listing broker for
all the properties advertised.
However,
it is clear that Broker A is in violation of the Broker Reciprocity / IDX guidelines
as set by the CC&IMLS, and is therefore subject to possible disciplinary action
and fines if Broker A does not comply with the CC&IMLS Broker Reciprocity
/ IDX Guidelines.
Does
Broker Reciprocity / IDX have to comply with license law?
Participants
in Broker Reciprocity / IDX should ensure that their website containing the Broker
Reciprocity / IDX information complies with their state license law. Not all states
consider Broker Reciprocity / IDX to be advertising and some states have yet to
consider the issue. Check with your State Association of REALTORS®
or with your attorney to be sure.
How
will the CC&IMLS be handling this system?
The CC&IMLS has
appointed a Broker Reciprocity / IDX Coordinator, contact at to assist agents
with their questions, to manage the registration process, to monitor websites
and to maintain accurate records. The CC&IMLS is also providing assistance
to Webmasters and/or other 3rd party vendors for initial implementation questions
through the CC&IMLS Broker Reciprocity / IDX Coordinator: br@cciaor.com.
When
you discuss monitoring Websites, what do you mean?
As per the NAR
mandate, CC&IMLS Broker Reciprocity / IDX Participants are required to comply
with the CC&IMLS Broker Reciprocity / IDX Guidelines, therefore the CC&IMLS
Broker Reciprocity / IDX Coordinator will be responsible for compliance issues.
Websites will be reviewed 15, 30, and 45 days after the registration process has
been completed, until compliance is verified, and upon renewal from thereon. Also,
we will also ask all Members to assist with this by notifying the Broker Reciprocity
/ IDX Coordinator of any competitor's sites where compliance issues may be questionable
and may need addressing.
Can
MLS's charge a fee to 3rd Party Vendors for access to downloading listing information
for the exclusive use of the CC&IMLS Participants?
Yes, NAR's
Broker Reciprocity / IDX policy does not affect the right of Associations and
MLS's to assess fees and charges for services provided to Participants or their
contracted vendors. Although the CC&IMLS will not assess a service charge
to it's participants for the right to download the listing database, the CC&IMLS
will assess a $1000 fee to any 3rd Party Vendor or Webmaster who wishes to access
the data.
Does
Broker Reciprocity / IDX mean that confidential information will now be available
to the public?
No. Broker Reciprocity / IDX permits CC&IMLS
to prohibit display of information intended exclusively for other real estate
professionals and not for consumers. Although the fields may be included in the
data download, according to the CC&IMLS Broker Reciprocity/IDX Guidelines,
the confidential information fields may not be displayed on the general Public
side of the websites and only the field information designated in the CC&IMLS
Broker Reciprocity / IDX Guidelines may be displayed.
Must
the listing firm be identified when I display other Participants' listings on
my website?
Yes, it must conform to the format described in the
CC&IMLS Broker Reciprocity / IDX Guidelines.
Can
listing information be modified when it is displayed on other Participants' websites?
No, the listing information may not be altered
in any way, however the amount of information displayed, that is the number of
fields, in some cases may be modified as long as the minimum required fields per
guidelines are met.
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