CMLS 2011 – TucsonLegal Seminar

Listing Syndication –

MLS Exec. Perspective

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UNDER ALL IS THE LAND …

For an MLS: Under all is the DATA

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Data Challenges

• Protecting Member Content• Listing Syndication• Proper Licensing of data• Social Media

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Listing Syndication Defined

• Many definitions, but from my point of view, pure listing syndication is:

A brokers option to post active listing inventory for his/her company on a consumer portal that allows for searching of active listed properties – possibly generating a lead and sale of that broker’s listing

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How are Listings Syndicated?

• The most common syndication method is through use of a 3rd party such as List Hub or Point2.

• Some Franchisors also syndicate listings on behalf of their franchisees.

• Other 3rd party software (such as Listingbook) offer syndication options as well.

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How does it work?

• Each major syndicator provides the ability for brokers to set up a free account to syndicate listings.

• Typically there is a dash board for the broker to select which sites he/she wishes to authorize to display their listings.

• Using the channel selections of the broker, listings are then distributed to the approved sites.

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Is That All There is to it? NO

• It used to be…..but it’s not that way anymore – we took a nap and woke up to Syndication 2.0

• New Challenges have emerged and we are struggling to problem solve.

Are There Concerns?

To Name a Few (10 to be exact)

#10 Bad Data

#9 Re-Syndication with no broker choice

#8 Agents advertising other brokers listings – social media

#7 Unauthorized uses & Derivative Works - Use for 3rd Party Integration (Syndigration)

#6 No control outside of the license agreement with vendors

#5 No consistency in terms of use – changes with each site

#4 Broker Liability for incorrect data?

#3 Broker Choice – MLS responsible?

#2 MLS Liability for publisher use & shut-down?

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#10: Bad Data – how to get it right!

• Publishers use data from multiple sources in addition to syndicated via vendor (agent, other vendors, franchisors, etc.)

• Duplication creates a pool of listings to choose from – which is correct?

• Brokers find it difficult to get old/bad data removed from any site• Manual data entered by an agent may not be updated, creating

another question in the selection process• Sellers are frustrated when they find their listing data is

incorrect• Brokers (some, not all) are frustrated because of outdated

content• Integrated content on some sites is incorrect (maps, etc.) and

further clouds the issue

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Syndicator Primary Channel Extended Channel

Syndicator →→→→ Oodle →→→→ MySpace

Syndicator →→→→ Zillow →→→→ FarmTalk

Brokers using vendors have choices of “publishers” – but no choice in the extended sites. One vendor – 90 channels, 400 sites total

#9 – Broker Control (??)

If broker has no control over “extended sites”is that syndication?

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#8 – Emerging Concern – Social Media

• Agents advertising other broker’s listings without permission

• Display of another brokers listing with no acknowledgement, price changes, etc.

• If it’s IDX – MLS can handle• If it’s another Realtor – Ethics?• If it’s just someone?? How to protect

broker? Is he liable?

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#7 – Unauthorized Use & Derivative Works

• Here is the wake up call….. Not all of those 400 channels actually display listing content for consumers to find to create a lead and hopefully a sale. Some have NO data at all for consumer display.

• What are the channel operators doing with the content?

• Circumventing MLS License Agreements in some cases - examples

MySpace.com

Farm Talk

FreedomSoft

LearnMore.communications

ePropertyStop

Listing search is free – selling ads and packages to others – using your content to generate revenue.

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Is this Syndication?

• No search portal for consumers• Logins to access data and product?• Are they using the content to attract

others to pay to list? Invest? • Are the using the information to solicit

business from agents/brokers?• Here is where brokers are starting to be

concerned -- someone else is monetizing their content

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#6 – The MLS License Agreement

• The MLS agreement is between the MLS and the vendors for the content – with broker’s permission

• Once the syndicator has the data, the MLS no longer controls the uses

• Question: Can the MLS put requirements in the license agreement with the syndicator – no derivative works, update requirements

• Can MLS require that brokers have a choice of the extended networks? Require that there be no “check all” option?

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#5 – Terms of Use

• See #6 – same issues here. • Your thoughts on a terms of use template

that could be adopted for local use?

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#4 – Broker Liability

• Is there broker liability for incorrect content on the Internet?

• If changed by a 3rd party?• If entered incorrectly by an agent or not

updated• How far does he/she need to go to track

down inaccurate data and have it removed.

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#3 – MLS Role in Syndication

• The Broker chooses the sites she wants her listings to be on – but that is not the only source of what is displayed.

• She wants her listings everywhere for consumers to search, but not for other 3rd party uses.

• Brokers don’t want the MLS to limit them, but want the MLS to go after those that aren’t actually “syndicating”.

• If the broker is making the choice, should the MLS play any role at all even thought the license is with the MLS (for syndicators)

• Should 3rd parties authorized to have data for other uses be allowed to add “syndication” as an option?

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#2 – MLS Liability

• If MLS finds sites that are not actual listing publishers, we have been told by vendors that they will shut off that portal.

• We are not privy to the vendor’s agreement with publishers – if we say “no” to a “syndigrator”, what might our liability be?

• Should we consider renegotiating with the vendors that syndicate – templated language that can be used?

• If so, would we be able to hold the vendor doing the syndication responsible for enforcing the terms of use?

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Data Comparison & Update

• At least one publisher is asking for a data feed to validate the data on their site. Part of that program is to notify the broker and MLS when errors are found – excellent tool

• Liability question: they want to change the data on property listings from sources other than the MLS – what is our liability if something goes wrong?

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#1 – Help in Finding Solution(s)

• Some MLSs syndicate themselves under their own terms – how might an MLS transition to that method?

• Some MLSs do nothing but send data to places the broker has requested but do not use other vendors

• The rest of us are looking for ideas on how to manage, license, protect and still allow the brokers to have the choices…???