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153 Stony Circle, Ste. 200, Santa Rosa, CA 95401
P.O. Box 3367, Santa Rosa, CA 95402
707.575.8000 Tel. 707.577.0140 Fax
http://www.bareis.com



Date:               January 1, 2005

Memo to:        The General Membership

Memo From:   The BAREIS Board of Directors

RE:                  The Internet - Things you should know and observe

Everyone will probably agree no one thing has impacted our industry more than the Internet. 

As our industry keeps trying to adapt to never-ending change, we seem to spend more time explaining the “options” and “rules” to deal with the changes. While we want to help our members empower our consumer, we must also keep the real estate professional centered in the transaction. 

The following executive summary may help you understand the options you have to display data on the Internet … and help you understand how to avoid violating the Rules and Regulations established by your fellow MLS members. Please note, a Broker always has the right under the BAREIS MLS Rules to place their own listing data anywhere they wish. It is when other listing Broker data is involved that the Rules may be violated.

We hope you find the following document helpful in understanding the options you have in the Internet, and the use of the Internet in enhancing your business.

Public Internet Sites

Examples:

realtor.com
homeseekers.com
pressdemocrat.com
marinIJ.com

Created by:

BAREIS MLS’ Board contracts directly with public Internet sites. Power to contract is granted by Bylaws, Rules, and Broker agreements.

General Comments:

Many of these public Internet sites offer the opportunity for Brokers to “enhance” their listings with logos, web pages, links, etc. for an additional charge. In addition, many of these vendors are offering Internet Data Exchange (IDX) sites for a charge. Please see IDX options later in this document.

General Rules:

  1. Includes active and contingent listings only.
  2. Internet site must be updated daily.
  3. Includes listings with the “pass to Internet” flag (entered in listing input) set to yes.
  4. Third party vendor must respect “address on Internet (full/partial)” provision.
  5. Only includes data permitted for public access.
  6. Property display must include the Listing Broker contact information.
  7. Vendor may offer opportunity to Brokers to “enhance” listings.
  8. Ownership of the data and copyrights remains with BAREIS MLS.
  9. All data must be removed upon cancellation or expiration of the contract.
  10. Broker must have option to exempt listings from transmission and display (provided in listing input).
  11. Broker does not have to participate in the IDX Program to have listings on the Public Sites.

General Prohibitions:

  1. Vendor may not be in the real estate Brokerage business.
  2. Vendor may not charge a finder’s fee to Brokers.
  3. Vendor may not sell captured names to Brokers.
  4. Vendor may not sell or retransmit data.
  5. Vendor must protect BAREIS MLS copyrights.

Access to Data and Photos:

  1. FTP site (updated daily) and Photo Server.
  2. SQL or RETS server site in special circumstances.

Member Use of Public Internet Third Party Site:

Members should not “frame” these Internet sites without obtaining specific written permission to do so. The Broker may be violating the third party vendor’s copyrights. Since the Rules do not specifically permit framing third party Internet sites, doing so may be advertising the listings of other Brokers without the specific written permission. Again, this is a violation of BAREIS Rules and Regulations 13.3 and 13.4. The fine for violating these rules (advertising listings of other Brokers without their specific written permission) is $100 per listing.

To Place Your Listings on These Sites:

Check “pass to Internet” during listing input. The listing will automatically be included in transmission to the third party vendor.

BAREIS-Owned Public Internet Site (GreatHomes.org)

Created by:

The BAREIS MLS Board contracted with a local vendor to develop a membership-owned site. Power to offer this service is granted by Bylaws, Rules, and Broker agreements. Members are permitted to frame and/or link to GreatHomes.org.

General Comments:

In 1998, the BAREIS MLS Board established this site to promote the listings of our members because many members were requesting a site that is updated frequently, and could be used to enhance the member’s Internet site. The site includes all property types. BAREIS hires a vendor to operate the site.

General Rules:

  1. Includes active and contingent listings only.
  2. Internet site is updated every thirty minutes.
  3. Includes listings with the “pass to Internet” flag (entered in listing input) set to yes.
  4. BAREIS’ vendor must respect “address on Internet (full/partial)” provision.
  5. Only includes data permitted for public access.
  6. Property display includes the Listing Broker contact information (firm name, listing agent name, phone number, address, email).
  7. BAREIS’ vendor may offer opportunity to Brokers to “enhance” listings, but may not sell advertising to members.
  8. Ownership of the data and copyrights remains with BAREIS MLS.
  9. All data must be removed upon cancellation or expiration of the contract with BAREIS vendor
  10. Broker must have option to exempt listings from transmission and display (provided in listing input).
  11. Broker does not have to participate in the IDX Program to have listings on the Public Sites.

General Prohibitions:

  1. When framing and/or linking the site, the full data must be displayed.
  2. The data may not be “screen scraped” or modified.
  3. The vendor managing GreatHomes.org may not in the real estate Brokerage business.
  4. The vendor managing GreatHomes.org may not charge a finder’s fee to Brokers.
  5. The vendor managing GreatHomes.org may not sell captured names to Brokers.
  6. The vendor managing GreatHomes.org may not sell or retransmit data.
  7. The vendor managing GreatHomes.org must protect BAREIS MLS copyrights.
  8. The vendor managing GreatHomes.org may sell advertising to real estate related industries, but not to members.
  9. Please Note:  The BAREIS Rapattoni MLS site may not be framed or linked to under any circumstances.

Access to Data and Photos:

  1. GreatHomes.org uses the Photo Server and displays multiple photos.
  2. The listing data is on a BAREIS-owned SQL site.

Member Use of GreatHomes.org Site:

BAREIS MLS members may “frame” GreatHomes.org under Rule 14.2.  Framing the site by BAREIS MLS members is not a violation of the BAREIS Rules and Regulations section 13.3. The Board permits the framing of GreatHomes.org because BAREIS manages and keeps the data up to date, and the full contact information of the listing Broker is displayed. 

To Use or Frame http://www.GreatHomes.org: 

Check “pass to Internet” during listing input. The listing will automatically be included in transmission to GreatHomes.org. If you wish to “frame” GreatHomes.org, simply send an email to frame@norcalmls.com and request permission to frame the site. There is no charge; use of the site is a benefit of your membership in BAREIS MLS.

Internet Data Exchange (IDX) Sites

History and Intent:

Members of the National Association of REALTORS® (NAR) began developing the IDX concept in 2000. The intent is to use the MLS system to grant blanket permission to other Brokers to advertise other Brokers’ listings on the Internet. Brokers must “opt-in” or “opt-out” of the plan. When a Broker “opts-in” to the plan they are simply granting the written permission required by the Rules to other Brokers through the MLS system to place the listings on the Internet. A Broker that has opted out of the IDX program may not display any IDX listings or listings of other Brokers without written permission. 

The BAREIS MLS Board adopted the concept in January of 2002. The “NAR mandate” to make IDX solutions available to Brokers by January of 2002 stated that all Brokers should be assumed as “opting-in” unless they specifically “opt-out.” Approximately 30% of our members are not affiliated with NAR or a local Association of REALTORS®. Our legal counsel recommended all Brokers either “opt-in” or “opt out” in writing. If a Broker does not respond, they are considered to have opted-out. We could not assume our “non-NAR” members were informed of the pros and cons of the IDX program.

Brokers may still secure permission from other Brokers directly to share or display data. The MLS Rules state these agreements should be in writing. An example would be a Broker that participates in a referral pool through an agreement with other pool members that listings of the Brokers in the pool will be available to other referral pool customers.

Please Note: IDX only applies to Internet advertising, and does not include print, or electronic media, etc.

General Comments:

NAR introduced the IDX program to offer new opportunities to use the MLS system to grant blanket permission to permit other Brokers to display your listings on their Internet sites…the ultimate result being the generation of additional exposure for your sellers listing. This is new to all of us, but if managed properly offers new and greater exposure for the sale of your listings. A free IDX frameable web page is available to members that have opted in to the IDX program.

General Rules:

  1. The Broker must sign an agreement to opt-in to the plan. If the Broker does not opt in to the plan, they will automatically be opted out. The agreement is available on bareis.com and is titled “IDX/Reciprocal/Cooperative Advertising Form”.
  2. Only listings of Brokers that have agreed to participate in to the plan may be displayed on IDX Internet sites.
  3. Agents of Brokers that have not agreed to participate may not have an IDX site. Violation of this provision is a violation of rule 13.3 and subject to a $100 per listing fine.
  4. Only active and contingent listings may be displayed on an IDX site.
  5. The Internet site must be updated at least weekly. The most recent date the data was updated must be displayed.
  6. May include only listings with the “pass to Internet” flag (entered in listing input) set to yes.
  7. May only include listings with the “IDX” flag set to yes (done by MLS staff when agreement is received by MLS staff from the Broker).
  8. Vendor preparing the site and/or Broker developing the site must respect “address on Internet (full/partial)” flags on the listing.
  9. Only includes data permitted for public access.
  10. Property display includes the Listing Agent/Broker name and Company name. Contact information (phone number, address, email, etc.) is not required.
  11. Ownership of the data and copyrights remains with BAREIS MLS. BAREIS’ copyright statement must be displayed with the data. Members must also indicate that the info is for the consumers’ personal non-commercial use.
  12. All data must be removed from the IDX Internet site upon termination of membership.
  13. Members must not modify the information.

General Prohibitions:

  1. No Broker may participate unless they have “opted-in” to the program. Failure to do so is a violation of Rule 13.3 and subject to a $100 per listing fine.
  2. Agents may not participate unless their Broker has signed a written agreement to participate. Listings belong by law to the Broker. Displaying listings of a Listing Broker without their written permission is a violation of Rule 13.3 and subject to a $100 per listing fine.
  1. Only active listings may be displayed.  Sold information is prohibited (with the exception of the Listing Broker’s own listing that is sold).
  2. The member must follow all Rules and Regulations, and the vendor employed by the member (if any) must also follow the Rules.
  3. Retransmission of data is prohibited.
  4. Selling the data is prohibited.
  5. Any vendor employed by a Broker to develop an IDX site must sign an agreement with BAREIS for access to the database. The Broker must acknowledge the agreement. Failure of the vendor to follow the rules and regulations (in the contract) may result in the termination of the agreement for access with BAREIS. It is the responsibility of the Broker to “oversee” the vendor’s access. BAREIS does not accept any responsibility for the loss of business to the Broker resulting from the termination of a vendor’s access to the database as a result of violation of the Rules and Regulation. 
  6. Vendor and Broker must protect BAREIS MLS copyrights and adhere to the Rules.
  7. BAREIS Rapattoni MLS site may not be framed or linked to under any circumstances.
  8. Each vendor provided access to the MLS system or ftp sites must sign an agreement with BAREIS for access (see item 7 above). Providing your password and login to a vendor to access BAREIS data is a violation of Rule 12.1 and subject to a $500 fine.

BAREIS Site for all Members:

BAREIS, through its vendor Rapattoni, offers an IDX site which may be framed by members at no additional cost.

Custom Programmed Sites and Access to Data and Photos:

The Board of Directors of BAREIS MLS has a policy of accommodating the technology and data needs of our members.

  1. If using a vendor, the vendor will be granted access to the special data site containing the IDX approved listings and the Photo Server (see bareis.com for instructions on how to get your vendor approved.) The fact that additional data may be provided to the vendor or Broker does not relinquish the Broker or vendor from the liability of violating the Rules and Regulations of the MLS service regarding data that may be displayed on an IDX site, or violation of the copyrights held by BAREIS MLS.
  2. BAREIS offers a free IDX frameable site through Rapattoni. 

Member Use of an IDX Site:

First, the Broker of the company must sign the participation agreement and “opt-in” to the plan.

If using a vendor to develop your site, become familiar with Rule 14.3. Failure to follow the rules does not exempt you from a fine for violation of the Rules and Regulations.  

Things You Need to Do:

  1. Review the Rules and Regulations. Sections 13.3 and 14.2-14.3. contain the provisions of advertising listings of other Brokers. You should familiarize yourself with the Rules.
  2. Do not give you login to a vendor. Providing unauthorized access to the system is a violation of Rule 12.1. Only BAREIS may issue logins and passwords.
  3. The Broker for your firm most opt-in. You may not participate in the IDX program unless the Broker for your firm has chosen to do so. To find out if your Broker has opted-in, go to Bareis.com and see “IDX Info – Broker IDX Opt-in List”.
  4. Choose the option that is best for you. First, you may either hire a firm to develop your Internet site and search engine, transfer and maintain the data (or do it yourself if you have the skills). If you follow this option, you will have to assist your vendor in acquiring a vendor contract (below), or you may use the free site available to you in the Rapattoni system.

Procedure of vendor Contracts:

Please follow the steps below if you want to secure access for your vendor.

  1. Have your vendor complete the Vendor Information form (click here for Vendor Information Form) and fax it to BAREIS at 707-577-0140.
  2. After receiving the Vendor Information form, we will either meet with the vendor, or provide them a vendor contract for completion. You will also be required to sign the agreement. If this is access for developing one site only the charge is $100 per year. If the vendor will be developing multiple sites (for other agents) the charge is $500 per year. 

The entire process may take two to three weeks. Please understand that with 10,000 members, the volume of requests is large. We will do everything in our power to expedite your request, but at the same time we must follow a process to protect the integrity of your data.

Virtual Office Web Sites (VOW)

History and Intent:

A virtual office web site is designed for the use of your customers. The concept emerged in late 1999, and was developed by a few firms that preferred to deal with their clients through electronic means. The concept is spreading as more people in our industry embrace the various tools available for electronic communication.

A Virtual Office Web site (VOW) has two general areas in the Internet site. First, there is a password protected client side that contains all active listing data. The client side of the site must be password protected and restricted to clients only. The general public may not enter this portion of the site until agency is established and they have been provided a password by registering with the Broker or agent. Second, there is a company side of the site. The company side of the site must also be password protected, and controls must be in place to assure only BAREIS members have access to BAREIS data. The company side of the site may include active and off-market data. The company side of the site many times includes automatic email notification of customers, transaction programs, etc.

Some vendors are developing VOW sites for Agents as well as Brokers. 

General Comments:

A virtual office web site may be expensive to develop, and very complex to keep up to date. A number of vendors are offering products with a number of additional features, while providing data synchronization (updating) and maintenance service.

General Rules:

  1. The Broker and/or vendor must sign an agreement to access the data for the purpose of establishing a VOW site. 
  2. The client side of the site must be password protected.
  3. Clients may only access active data.
  4. CMA reports may be transmitted to the client through the site, but the client may not have open access to, or the ability to search off market data.
  5. Clients must be “registered”, and agency must be established before the client is provided a password to enter the site.
  6. The company side of the site must be password protected.
  7. Controls must be in place to permit only BAREIS members to have access to BAREIS data.
  8. BAREIS shall be given the opportunity to review the site for compliance prior to “going live.”
  9. Ownership of the data and copyrights remains with BAREIS MLS.
  10. All data must be removed from the VOW Internet site upon termination of membership.\

General Prohibitions:

  1. Failure to password protect the site for access by clients, and providing “general public access” without the use of password protection, may constitute advertising listings of other Brokers without specific written permission and subject to fines under Rule 13.3.
  2. Permitting non-members of BAREIS to access the data through the office side is permitting unauthorized access to BAREIS data under Rule 12.1 and may be subject to a fine, and/or termination of access.
  3. Providing access to sold data (Rule 14.3), or providing clients confidential portions of the database (Rule 12.4) may result in fines and/or termination of access.
  4. If using a vendor, the vendor may not charge a finder’s fee to brokers.
  5. If using a vendor, the vendor may not sell captured names to brokers.
  6. If using a vendor, the vendor may not sell or retransmit data.
  7. If using a vendor, the vendor must protect BAREIS MLS copyrights.
  8. BAREIS Rapattoni MLS site may not be framed or linked to under any circumstances.

Access to Data and Photos:
  1. If using a vendor, the vendor will be granted access to the special SQL site containing the data and the Photo Server after signing a contract with BAREIS to access the data. The fact that data is provided to a Vendor does not relinquish the Broker or Vendor from the responsibility to adhere to the Rules and Regulations of the MLS service.
  2. The Broker may access the SQL server if the site will be developed in house. An agreement for access is required, and a small annual fee is charged.
  3. BAREIS may offer a VOW Web page for a small fee through an approved vendor if the demand justifies the expense. 

Member Use of an VOW Site:

First, the Broker of the company must sign the Data Access participation agreement. Email jim@bareis.com to request a copy.

If using a vendor to develop your site, first read the Rules dealing with access to the data, and retransmission of data. Failure to follow the rules does not exempt you from a fine for misuse. 

 

Analysis Internet Data Exchange (IDX) Participation

April 27, 2006

 

Solano

Sonoma

Marin

Napa

Mendocino

Total

Total

1487

902

912

234

120

3655

IDX Approved

745

445

430

108

43

1771

 

50%

49%

47%

46%

36%

48%

October 12, 2004

 

Solano

Sonoma

Marin

Napa

Mendocino

Total

Total

861

1141

569

433

208

3495

IDX Approved

610

908

542

291

65

2617

 

70.85%

79.58%

95.25%

67.21%

31.25%

74.9%

February 6, 2003

 

Solano

Sonoma

Marin

Napa

Mendocino

Total

Total

849

1435

884

457

160

3785

IDX Approved

395

1091

706

131

57

2380

 

46.5%

76.0%

79.9%

28.7%

35.6%

62.9%

May 31, 2002

 

Solano

Sonoma

Marin

Napa

Mendocino

Total

Total

673

1724

1035

495

183

4109

IDX Approved

84

1166

720

132

59

2163

 

12.5%

67.3%

69.6%

26.6%

32.2%

52.6%


Search Criteria: Residential, A & C, 0 – 9999999

 Public Internet Sites

General Rules BAREIS-Owned GreatHomes.org  3rd Party Vendors IDX Sites Virtual Office
Types of listings allowed Active, Contingent Active, Contingent Active, Contingent Client side – Active & Contingent  listings only. Agent/office side - Active and Sold data.
Listing restrictions Pass to Internet flag set to Yes Pass to Internet flag set to Yes Pass to Internet flag set to Yes & IDX flag set to yes. Only listings of brokers that have opted in are allowed. Clients not allowed off market data. 1) Must be password protected 2) only BAREIS members to have access to data on the agent/office side  4) client not allowed off market data
Site updates Every 30 minutes Daily At least weekly Available hourly
Vendor must respect "address/full or partial Internet" Yes Yes Yes Yes, client side only
Only includes data permitted for public use Yes Yes Yes Yes, client side only
Property display requires listing broker contact info Yes Yes Partial. Listing broker/agent & company name. Optional. Customer may see customer report format or IDX format.
Vendor may offer enhancements Yes Yes Yes Yes
Ownership & copyright remains with BAREIS Yes Yes Yes Yes
Broker must sign an agreement to opt-in No No Yes Yes
Data must be removed upon termination of membership Will be Will be Yes Yes
BAREIS to review site prior to going live N/A N/A Yes Yes
General Prohibitions
Vendor permitted to be in RE brokerage business No No Yes Yes
Vendor permitted to charge a finder's fee No No No No
Vendor permitted to sell captured names to brokers No No No No
Vendor & broker permitted to sell or retransmit data No No No No
Vendor & broker must protect BAREIS MLS copyrights Yes Yes Yes Yes
Broker must opt-in to participate No No Yes N/A
Unless broker has opted-in, agents may not participate N/A N/A Yes N/A
Only Active listings allowed/sold info prohibited Yes Yes Yes Yes, on client side
Rules & Regs must be followed by member and vendor Yes Yes Yes Yes
Vendor must sign an agreement with BAREIS Yes Yes Yes Yes
ACCESS TO DATA & PHOTOS
FTP site & photo server Yes Yes Yes Yes
SQL site in special circumstances Yes Yes Yes Yes
Frameable Web page available Yes N/A Yes No

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