INTERNET DATA EXCHANGE (IDX)

Section 18 - IDX Defined:

IDX affords MLS Participants the option of authorizing display of their listings on other Participants’ Internet web sites.

Section 18.1 - Authorization:

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 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have given blanket authority for other participants to display their listings on IDX sites, such consent may be withdrawn on a listing-by-listing basis as instructed by the seller.

Section 18.2 - Participation:

Participation in IDX is available to all MLS participants who are REATLORS® who are engaged in real estate brokerage and who consent to display of their listings by other participants.

Section 18.2.1 – Notify MLS:

Participants must notify the MLS of their intention to establish an IDX site and must make their site directly accessible to the MLS for purposes of monitoring/ensuring compliance with applicable Rules and policies.

Section 18.2.2 – Protect IDX Information:

MLS participants may not use IDX-provided listings for any purpose other than display on their websites. This does not require participants to prevent indexing of IDX listings by recognized search engines.

Section 18.2.3 – Withhold Listings and Information:

Listings or property addresses of sellers who have directed their listing brokers to withhold their listing or property address from display on the Internet (including, but not limited to, publicly-accessible websites or VOWs) shall not be accessible via IDX sites.

Section 18.2.4 – Choose of Displaying:

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, multifamily) cooperative compensation offered by listing brokers, type of listing (e.g., exclusive right to sell or exclusive agency), or 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 02/2007)

Section 18.2.5 – Refresh Downloads:

Participants must refresh all MLS downloads and refresh all MLS data at least once every three (3) days.

Section 18.2.6 – May Not Distribute:

Except as provided in these Rules, an IDX site or a Participant or user operating an IDX site may not distribute, provide, or make any portion of the MLS database available to any person or entity.

Section 18.2.7 – Identify Brokerage Firm:

When displaying listing content, a Participant's or user’s IDX site must clearly identify the name of the brokerage firm under which they operate in a readily visible color and typeface.  (Amended 08/06)

Section 18.2.8 – Any IDX Site

Any IDX Site That

(A) 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

(B) 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 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 participants’ websites. Except for the foregoing and subject to Section 18.2.9, a participant’s IDX site may communicate the participant’s professional judgment concerning any listing. Nothing shall prevent an IDX site from notifying its customers that particular feature has been disabled at the request of the seller.

Section 18.2.9 – Maintain Contact Information

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.

Section 18.3 - Display:

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

Section 18.3.1 – Designated Data:

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.

  
Section 18.3.1.1 – Type of Listing Agreement:

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

Section 18.3.2 – Manipulating Information: 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.

Section 18.3.3 – Listing Firm:

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.

Section 18.3.4 – Listing Agent:

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

Section 18.3.5 – Consent Required:

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.

Section 18.3.7 – MLS Source:

All listings displayed pursuant to IDX shall show the MLS as the source of the information.

Section 18.3.8- Exclusively for Consumers:

Participants (and their affiliated licensees, if applicable) shall indicate on their websites that IDX information is provided exclusively for consumers’ personal, non-commercial use and may not be used for any purpose other than 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.

Section 18.3.9 – Data Limitations:

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.

Section 18.3.12 – Display of Listings

Display of expired, withdrawn, pending, and sold listings is prohibited.

Section 18.3.13 – Contact Information:

Display of seller’s(s’) and/or occupant’s(s’) name(s), phone number(s), and e-mail address(es) is prohibited.
Section 18.3.14 – Security Protection:

Participants are required to employ appropriate security protection such as firewalls, provided that any security measures required may not be greater than those employed by the MLS.

Section 18.3.15 – Audit Trail:

IDX operators must maintain an audit trail of consumer activity on the IDX site 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.

 
Section 18.3.16 – Deceptive Advertising

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.