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BROKER RECIPROCITY/IDX CONTENTS

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Guidelines for Broker Reciprocity/IDX - Sharing Listings Online

Full Detail Listing Display Guidelines (for webmasters & 3rd Party Vendors): (BR Guidelines Addenda C1-C6)

BROKER RECIPROCITY REGISTRATION: Information and Signature Form (All agents please fill this form out).

Participant Procedure for Registering for Broker Reciprocity / IDX (BR) - Sharing Listings Online (How to register for BR/IDX).

Webmaster/Consultant Information and Contract

REVISED - Third Party Vendor Contract

Registered* CC&IMLS Third Party Vendors CC&IMLS
*CC&IMLS does not endorse nor offer support for any of the products/services offered by these companies. All inquiries regarding these products/services should be directly made to the participating companies.
CC&IMLS Approved* Webmaster List
*CC&IMLS does not endorse nor offer support for any of the products or services offered by these companies. All inquiries regarding these products or services should be made directly to the companies.
Opting-Out of Broker Reciprocity/IDX.
Frequently Asked Questions (FAQ's)


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 consumer’s 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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