> Section 18.3.13 - Listings obtained through IDX must be displayed

> separately from listings obtained from other sources, including

> information provided by other MLSs.

>

> Doesn't this "nix" the idea of having all the IDX solutions displayed

> from one web site?

>

> Saul

Not if the site is a portal to local IDX sites. Such as www.plsnow.com

Karen Rhodes, ABR, e-PRO Certified

Saul's note:

PLSNow is not, I say again, is NOT a portal to IDX sites. It is a portal to MLS public sites. BIG DIFFERENCE.

Go to http://PublicListings.RealTown.com

It is also an aggregation of Public MLS sites, not IDX sites...Not IDX sites...not IDX sites...not IDX sites...not IDX sites.

I hope y'all are listening...NOT IDX Sites...

Saul

Saul's comments appear below.

1. I don't think that MLS participants from various markets CAN provide local listings to a national site, at least not the listings of other brokers in IDX. What RE/MAX CAN do, however, is to create a national portal site that effectively 'routes' consumers visiting it to the IDX sites of local RE/MAX affiliates.

3. The rule that Saul cites is an optional one, and many MLSs have not adopted it, instead requiring only that IDX listings be appropriately labeled. This is the rule against so-called 'co-mingling.' MLSs interpret it in different ways, but there are two major approaches, which I informally call 'search comingling' and 'display comingling.' In search comingling, the consumer inputs one set of criteria and the site searches multiple affiliated web sites simultaneously; the results, however, are displayed on the separate web sites of local MLS participants. In display comingling, the IDX web site displays listings from multiple sources on a single page.

Some MLSs interpret search AND display comingling as a violation of the model rule below, others see only display comingling as a violation, and yet another group just does not have this rule.

RE/MAX should be able to offer a portal for consumers to get to the IDX sites of RE/MAX affiliates, but it will have to make some efforts to ensure that it complies with varied IDX rules and varied interpretations of them.

Thanks!

-Brian

___________________________

Brian N. Larson, Attorney at Law

1100 One Financial Plaza

120 South Sixth Street

Minneapolis, MN 55402

P.612.721.1966 F.612.677.3872

EM: BLarson@LarsonLegal.com

Web: www.larsonlegal.com

-----Original Message-----

From: Saul Klein [mailto:Saul@InternetCrusade.com]

Sent: Sunday, August 21, 2005 1:14 PM

Hi everyone,

I have been thinking about this since the announcement by ReMax and here are a few thoughts:

1. Is the idea to get an MLS participant from as many markets as possible to supply local listings to a national site?

3. Not all IDX implementation is the same. There are MLS local options. How is ReMax going to get around the following IDX Rule?

Section 18.3.13 - Listings obtained through IDX must be displayed separately from listings obtained from other sources, including information provided by other MLSs.

Doesn't this "nix" the idea of having all the IDX solutions displayed from one web site?

Saul

Saul,
 
Is Realtor.com exempt from this IDX rule? 
 
Section 18.3.13 - Listings obtained through IDX must be displayed

separately from listings obtained from other sources, including

information provided by other MLSs.
 
Or does their access considered something other than IDX??
Scott P. Rogers
<<

Hi Scott,

REALTOR.com's aggregation of the listings is not tied to IDX. REALTOR.com

has contracts directly with the individual MLSs to display the listings

of the contracted MLSs. These contracts have been approved by the Boards

of Directors of the respective MLSs.

IDX is the right of individual MLS participants and subscribers to

advertise other brokers listings on their broker or agent web sites. IDX

rules typically follow the NAR IDX Model rules and there is some local

MLS discretion.

So, to answer your question...REALTOR.com is not related to IDX.

Saul

At 09:21 AM 8/21/2005, you wrote:
>>Have you folks read your local IDX rules?  I'm not entirely sure that
>>RE/MAX (or CB, or KW, or C-21, or any other national entity) would be
>>allowed a "national" IDX under current rules as they are franchisors,
>>not local brokerages, and thus might not be allowed an IDX data feed.
>>Al in CT, JIM
>
>I see no restrictions for a REMAX national web site having links to
>area REMAX franchisors with local IDX sites.  The IDX data feed would
>be to the local REMAX brokers and the national REMAX site would link to
>that site.
>
>Lenn Harley

And it will probably look something like: www.PLSNow.com

Jim in TN, JIM

Saul Adds:

Big difference here would be that PLSNow (and the site IC set up) is a

site with listings from those MLSs that have elected to have public sites

themselves. The number of MLSs that have elected to have an MLS public

site is a small number compared to the total number of MLSs in the

country and would represent a small percentage of the total listing

inventory in the country.

IDX solutions are available to MLS subscribers in all the MLSs in the

country (theoretically) so a site aggregating IDX solutions from all the

MLSs in the country would have a lot more inventory than a site with only

links to public MLS sites.

BUT....I think there could be a battle looming because I see different

interpretations of IDX rules. Even those who know MLS have different

ideas on how some of the rules are interpreted. Specifically:

Section 18.3.12 - The right to display other Participants' listings

pursuant to IDX shall be limited to a Participant's office(s) holding

participatory rights in this MLS.

Section 18.3.13 - Listings obtained through IDX must be displayed

separately from listings obtained from other sources, including

information provided by other MLSs.

Section 18.3.14 - No portion of the IDX database shall be used or

provided to a third party for any purpose other than those expressly

provided for in these rules.

Saul

Some points of discussion on the new RE/MAX Internet Listing Strategy

-
Hi everyone,

I have been thinking about this since the announcement by RE/MAX and here

are a few thoughts:

1. Is the idea to get an MLS participant from as many markets as possible

to supply local listings to a national site?

2. IDX participation is not 100% in all markets, and in fact,

participation is low in some of those markets that began with the policy

opt in as opposed to opt out. Any marketing RE/MAX does as to how

"complete" their aggregation of listings is nationwide, should (and

probably will be) be scrutinized by competitors of RE/MAX.

3. Not all IDX implementation is the same. There are MLS local options.

How is RE/MAX going to get around the following IDX Rule?

Section 18.3.13 - Listings obtained through IDX must be displayed

separately from listings obtained from other sources, including

information provided by other MLSs.

Doesn't this "nix" the idea of having all the IDX solutions displayed

from one web site?

Saul

Saul Klein
CEO, InternetCrusade

As reported in RISMEDIA
http://www.rismedia.com/index.php/article/articleview/11408/1/1/
 
By Maria Patterson

RISMEDIA, August 16 – RE/MAX International is announcing this week a new

strategy for delivering real estate listings to consumers via a new,

national collection of IDX broker Web sites available at www.remax.com.

We decided to start our own intelligent network of IDX sites, explained

RE/MAX Co-founder and Chairman of the Board Dave Liniger, during an

interview with RISMedia. NAR and the DOJ (Department of Justice) are

discussing the policies and the procedures on the accessibility of

listing information…they are on the verge of having a written agreement

that will make listings available to anyone who wants them.

Realtors have always shared listings, Liniger continued. We are the

first to now integrate them on a national basis and provide the ultimate

way for Realtors to retain control of leads. We have made strong

financial and resource commitments to this program because its the right

thing to do for the public, for the real estate industry and our RE/MAX

membership.

According to Liniger, as the program is rolled out over the next year,

consumers will be able to view any property listing, whether its a

RE/MAX listing or not, at www.remax.com. The program will be in complete

compliance with IDX policies across the country. Liniger expects to have

listing information in place for half the country within six months, and

the balance completed within the year. The Internet strategy is currently

available in the New Jersey and Northern Illinois markets.

The strategy is a natural progression for www.remax.com, says Liniger,

which already receives millions of hits a day. If you already have a

great brand name, people will go to your Web site. Were not going to be

a national MLS…were aggregating IDX sites out there and giving the leads

to the people who deserve them, for free.

Liniger describes the new strategy as part of a broader

industry-changing paradigm shift.

The entire industry will follow our lead, he adds. No competitive

advantage lasts forever. Realtors are the most cooperative group out

thereits all about anything that helps get the listing sold faster. We

are excited to take a leadership role in this.

This program has some very exciting new features and leverages

state-of-the-art technology and marketing systems, said Kristi Graning,

RE/MAX vice president, information technology. The system will put the

control of the marketing listings and lead generation back into the hands

of our agents and give RE/MAX members a competitive advantage in the

industry.

RE/MAX will license existing and proven technology from Florida-based

Siegent, Inc., which will assist in this large effort and bring

significant value through their experience in data aggregation,

manipulation and distribution, Graning explains.

Siegent is the parent company of Boca Raton-based eNeighorhoods.

RE/MAX will advertise the new program to consumers via its far-reaching

advertising campaign through vehicles, such as Google, radio ads, and

print ads in publications including People, National Geographic, Time and

This Old House.

Ultimately, despite such advancements online, consumers will always come

back to using Realtors that they know, says Liniger. People wont call a

stranger. The Internet gives them access to the information, but they

want a friendly face. This is a referral and repeat businessthat is

still the mainstay of this business.