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CMLS 2011 – Tucson Legal Seminar

CMLS 2011 – Tucson Legal Seminar. Listing Syndication – MLS Exec. Perspective. For an MLS: Under all is the DATA. Under All is the Land …. Data Challenges. Protecting Member Content Listing Syndication Proper Licensing of data Social Media. Listing Syndication Defined .

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CMLS 2011 – Tucson Legal Seminar

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  1. CMLS 2011 – TucsonLegal Seminar Listing Syndication – MLS Exec. Perspective

  2. For an MLS: Under all is the DATA Under All is the Land …

  3. Data Challenges • Protecting Member Content • Listing Syndication • Proper Licensing of data • Social Media

  4. 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

  5. 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.

  6. 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.

  7. 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.

  8. 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? #1

  9. #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

  10. #9 – Broker Control (??) Brokers using vendors have choices of “publishers” – but no choice in the extended sites. One vendor – 90 channels, 400 sites total If broker has no control over “extended sites” is that syndication?

  11. #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?

  12. #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

  13. MySpace.com

  14. Farm Talk

  15. FreedomSoft

  16. LearnMore.communications

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

  18. 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

  19. #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?

  20. #5 – Terms of Use • See #6 – same issues here. • Your thoughts on a terms of use template that could be adopted for local use?

  21. #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.

  22. #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?

  23. #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?

  24. 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?

  25. #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…???

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